Refugees (Family Reunion) Bill [HL]

A Bill to make provision for leave to enter or remain in the United Kingdom to be granted to the family members of refugees and of people granted humanitarian protection; to provide for legal aid to be made available in such cases; and for connected purposes.

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This is the latest version of the Bill

Available Versions

2 Sep 2024
Lords: Committee
HL Bill 13 (as introduced)
(35 amendments)
Date Debate
Friday 17th January 2025 Committee stage

Relevant Documents

Bill PDF
HL Bill 13 (as introduced)
Latest Amendments
HL Bill 13-I(a) Amendment for Committee (Supplementary to the Marshalled List)

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7 New Clauses Proposed

Page 1

1
Refugee family reunion
 
 
(1)
The Secretary of State must, within 6 months of this section coming into force,
 
 
lay before Parliament a statement of changes in the rules (the “immigration
 
 
rules”) under section 3(2) of the Immigration Act 1971 (general provisions for
 
 
regulation and control) to make provision for refugee family reunion, in
5
 
accordance with this section, to come into effect after 21 days.
 
 
(2)
Before a statement of changes is laid under subsection (1) , the Secretary of
 
 
State must consult with persons they deem appropriate.
 
 
(3)
The statement laid under subsection (1) must set out rules providing for leave
 
 
to enter and remain in the United Kingdom for family members of a person
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granted protection status.
 
 
(4)
In this section, “protection status” has the same meaning as in the immigration
 
 
rules, meaning a person with—
 
 
(a)
permission to stay as a refugee,
 
 
(b)
humanitarian protection,
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(c)
temporary refugee permission, and
 
 
(d)
temporary humanitarian protection.
 
 
(5)
In this section, “family members” include—
 
 
(a)
a person’s—
 
 
(i)
parent, including adoptive parent, if the person was under the
20
 
age of 18 at the time they made an application for protection
 
 
status;
 
 
(ii)
spouse, civil partner or unmarried partner;
 
 
(iii)
child, including adopted child, who is either—
 

Page 2

 
(A)
under the age of 18, or
 
 
(B)
over the age of 18, but dependent on the person; and
 
 
(iv)
sibling, including adoptive sibling, who is either—
 
 
(A)
under the age of 18, or
 
 
(B)
under the age of 25, but was either under the age of
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18 or unmarried at the time the person granted
 
 
protection status left their country of residence to
 
 
seek asylum.
 
 
(b)
such other persons as the Secretary of State may determine, having
 
 
regard to—
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(i)
the importance of maintaining family unity,
 
 
(ii)
the best interests of a child,
 
 
(iii)
the physical, emotional, psychological or financial dependency
 
 
between a person granted protection status and another person,
 
 
(iv)
any risk to the physical, emotional or psychological wellbeing
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of a person who was granted protection status, including from
 
 
the circumstances in which the person is living in the United
 
 
Kingdom, or
 
 
(v)
such other matters as the Secretary of State considers
 
 
appropriate.
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(6)
For the purposes of subsection (5) —
 
 
(a)
“adopted” and “adoptive” refer to a relationship resulting from
 
 
adoption, including de facto adoption, as set out in the immigration
 
 
rules;
 
 
(b)
“best interests” of a child shall be read in accordance with Article 3
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of the 1989 UN Convention on the Rights of the Child.
 
2
Legal aid
 
 
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
 
 
2012 (civil legal services), after paragraph 30 (immigration: rights to enter
 
 
and remain) insert—
30
 
“Refugee family reunion
 
 
30A
Civil legal services provided in relation to an application for leave
 
 
to enter or remain on the basis of rules laid down by the Secretary
 
 
of State under section 3(2) of the Immigration Act 1971 for the
 
 
purposes of refugee family reunion as set out in section 1 of the
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Refugees (Family Reunion) Act 2024.”
 
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Extent, commencement and short title
 
 
(1)
Section 1 and this section extend to England and Wales, Scotland and Northern
 
 
Ireland.
 
 
(2)
Section 2 extends to England and Wales only.
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Page 3

 
(3)
Section 1 and this section come into force on the day on which this Act is
 
 
passed.
 
 
(4)
Section 2 comes into force at the end of the period of two months beginning
 
 
with the day on which this Act is passed.
 
 
(5)
This Act may be cited as the Refugees (Family Reunion) Act 2024.
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Amendments

No amendments available.