Refugee Family Reunion (Immigration Rules)

Robert Goodwill Excerpts

Tuesday 29th November 2016 Westminster Hall

[Thangam Debbonaire]

The hon. Lady is absolutely right. I will come on to that issue. I completely agree that it is unjust and leaves many vulnerable young people in danger and alone.

Fifty-one per cent. of the families Red Cross helped in 2014 were at risk of violence, torture or harassment during the process of applying for family reunion, so the process is not safe. The British Red Cross also told me that, to date in 2016, it has supported the travel of 1,551 people accepted by the Home Office under refugee family reunion, 580 of whom were from Syria. As of the beginning of September, 767 children granted family reunion visas had arrived in the UK after assistance from the British Red Cross, 280 of whom were from Syria. Those are hardly huge numbers. In its 2015 research, “Not So Straightforward”, the British Red Cross found that the current UK policy for refugee family union is not simple, not affordable and not safe.

The system is failing many women and children. Women for Refugee Women, which is represented here today, told me that it knows of many women in the UK who have had to flee from danger without their children and then struggled to bring their children to join them, as the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) said. The problems include, first, delays from the Home Office. If a woman has waited many years in the asylum process, her children back home may be older than 18 by the time she has been granted status, so they are not allowed the automatic right to join her.

Secondly, there are the costs of accessing family reunion rights. I hope the Minister will address both those issues. For instance, a woman whom Women for Refugee Women knows well, and whom I am going to meet later today—she has given me permission to describe her story—entered the UK in 2007 after being imprisoned in the Democratic Republic of the Congo as a human rights activist. She left behind her children, aged 12, 15 and 17. It was three and a half years before she was called for her first asylum interview, and she was not granted status until 2013. By then, her children, still vulnerable, were 23, 21 and 18, and were therefore refused the right to join her. She is still struggling to find a legal route to be reunited with them. She has already spent £600 per child on the first application and has been told that she needs to spend still more for the appeal. As can be imagined, those sums are an incredible burden for a refugee woman who can access only very low-paid jobs due to her interrupted employment history.

This afternoon, at a City of Sanctuary event that I hosted, I met two brothers. Both were Syrian. One was granted status quickly, but the other was still in the process after being in detention. Their parents are still in Syria. They cannot come on the resettlement scheme or on family reunion, even though the first brother now has a full-time job and has said he is willing and able to support them.

I want to talk about expanding the scope of refugee family reunion rules to protect children and bring families together. The UK, unlike most European Union states, does not allow children to bring family members to join them here. Under the Dublin regulation—EU regulation 604/2013—they can be transferred to another EU member state if they have a relative living there, but that just moves children around the EU and places more burdens on the states that receive the most refugees. It does not allow children already here and granted status to bring their parents here.

[The Minister for Immigration (Mr Robert Goodwill)]

May I point out that the Dublin process is a two-way process, and that we are taking children who have family here from elsewhere in the European Union? We have resettled a number of children this year, and the process is gathering pace.

[Thangam Debbonaire]

I acknowledge that it is a two-way process. That is important, but there is a lot more we can do.

Someone fleeing war, torture or conflict may have lost relatives or been separated from parents or children. They may have been cared for by an aunt or an older sibling. They may have a wider idea of family than the nuclear family of western social policy. As the hon. Member for Rutherglen and Hamilton West said, their children may have reached 18 by the time their status is confirmed, but they may still need protection or be dependent. If refugee family reunion rules in the UK are to ensure the security of refugees’ family members and family unity, they must address relationships of dependence beyond those currently permitted.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I am happy to do so, Sir Alan. First, I congratulate the hon. Member for Bristol West (Thangam Debbonaire) on securing this debate on an important subject and pay tribute to the work of the all-party parliamentary group on refugees.

I want to make it clear that there is no need for a question mark when I say that refugees are welcome here. I was recently in Jordan and met a number of refugees, some of whom had just arrived from the berm. I had very helpful meetings with the United Nations High Commissioner for Refugees, which was selecting the most vulnerable families and children to come as part of the schemes we have in place. I am proud that we are the second biggest donor of humanitarian aid. That shows that we are determined to help those most in need in the most vulnerable locations, which in many cases is in the refugee camps, not, for example, in European Union countries.

I am aware of calls in favour of widening the family reunion immigration rules. That issue has been debated at length, including in both Houses during the passage of the Immigration Act 2016. The recent campaigns by the British Red Cross and the Refugee Council demonstrate the interest in this subject. This has been a good debate, and I welcome the thoughtful and passionate contributions from right hon. and hon. Members.

We recognise that families may be fragmented due to conflict and persecution and the speed and manner in which asylum seekers often flee their country of origin. That is why the Government have dedicated family reunion immigration rules and have granted more than 22,000 family reunion visas in the past five years. Our policy meets our international obligations and allows immediate family members who formed part of the family unit before the refugee sponsor fled their country to reunite with them in the UK. British citizens are able to sponsor their spouse or partner and children under the age of 18 to join them under the family immigration rules, providing they make the appropriate entry clearance application and meet the relevant criteria.

[Ms Abbott]

The Minister talks about how the system works. What does he have to say to the suggestion from my hon. Friend the Member for Bristol West (Thangam Debbonaire) that we should have a broader definition of family that is not just immediate family?

[Mr Goodwill]

I would not accept that. As I will say later in my remarks, we do not want to create the pull factor that results in people drowning in the Mediterranean or the Aegean. That is one of the major reasons why we are maintaining this policy.

[Thangam Debbonaire]

I urge the Minister to think about the fact that the so-called pull factor does not go away. These people are living in danger. They are fleeing for their lives. When we make safe and legal family reunion routes harder, we actually make it more likely that these people will end up in the hands of people traffickers and make these dangerous journeys.

--- Later in debate ---

[Mr Goodwill]

I understand the hon. Lady’s point, but I will justify exactly where we are and why we believe we have got the right policies.

As I was saying, the rules reflect our obligations under article 8 of the European convention on human rights. Where an application does not meet the rules, our policy requires consideration of any exceptional or compassionate reasons for granting a visa outside the rules. That caters for extended family members of refugees and family members of British citizens who cannot meet the financial requirements of the rules.

[Stuart C. McDonald]

Will the Minister give way?

[Mr Goodwill]

I will make a little progress, otherwise I will not be able to answer the points made during the debate, given the time constraints.

In July, the Home Office published revised guidance on the types of cases that may benefit from a grant of leave outside the rules in exceptional circumstances, including adult dependent sons or daughters over the age of 18 who are not leading an independent life and are living in a conflict zone. The new guidance also provides more clarity for applicants and their sponsors, so that they can better understand the process and what is expected of them. I do not believe that widening the definition of family is practical or indeed necessary, especially as the numbers of people granted a family reunion visa are likely to increase in line with the numbers of recognised refugees in the UK.

A balance has to be struck between reuniting families quickly and not creating a situation where the UK becomes the destination of choice, with family members and children in particular being encouraged or even forced to leave their country and risk hazardous journeys to the UK. They should instead claim asylum in the first safe country they reach.

[Stella Creasy]

More of us might have sympathy for the Minister’s argument about a pull factor were it not for the fact that only the UK and Denmark put this restriction in. Surely if there were a pull factor, it would be coming from other countries. Does he have any evidence that other countries offering this form of family reunification has been a pull factor? If not, I think it is time to put this straw argument to bed.

[Mr Goodwill]

The point was made by the hon. Member for Glasgow North East (Anne McLaughlin) that if children could sponsor parents, it would not be a pull factor. I point out that Eurostat figures show that in 2015, there were 35,250 claims from unaccompanied minors in Sweden and 14,400 claims from unaccompanied minors in Germany. Those are the countries with the highest number of unaccompanied asylum-seeking children and the most welcoming asylum policies.

We must not inadvertently create a situation where parents are incentivised to place their children’s lives in the hands of traffickers or criminal gangs and risk dangerous journeys to Europe. Indeed, I was in Nigeria over the summer and had that precise point made to me by those whom I met there. The Government’s priority is to provide humanitarian aid to those most in need in the regions affected by conflict. We have pledged £2.3 billion in humanitarian aid to Syria and neighbouring countries. We are also providing nearly £65 million in response to the Mediterranean migration crisis.

The Government remain strongly committed to resettlement. We are on track to resettle 20,000 Syrians by 2020, and there will be an update on those figures later in the week. That is in addition to the vulnerable children’s resettlement scheme, which will resettle up to 3,000 children and individuals at risk by 2020, and our long-standing gateway and mandate schemes, which the shadow Immigration Minister mentioned. There is no limit to the number of refugees who can be resettled under the mandate scheme, and individuals with close family ties in the UK may be eligible. That route also allows wider family members to be resettled in exceptional circumstances.

The hon. Member for Bristol West mentioned the time taken to grant asylum claims. I point out to the House that we have turned asylum performance around. Since the end of 2014, we have consistently met our ambition of deciding 98% of straightforward cases within six months. We are committed to improving the process for those applying for family reunion, and my officials have been working with the British Red Cross to ensure that the application process is as smooth as possible and decisions are made in a timely fashion, to ensure that families are separated for the shortest possible time. In 2015, the Home Office was deciding family reunion applications within an average of 40 days.

I have met the chief executive of the British Red Cross, Mike Adamson, to discuss many of the issues we have debated today, and my officials are looking at what more we can do to improve our service to those applying for family reunion, including redesigning the application form. A simpler application form, as well as the improved guidance, will help applicants better to understand the family reunion process.

There have been calls, including today, for legal aid to be made available for family reunion applications, but I do not believe, with the changes we have made and continue to make, that it is necessary. Applications for family reunion are free of charge, and in deciding how to allocate legal aid support, the Government must be mindful that this is all taxpayers’ money.

UK Visas and Immigration is formulating plans to consolidate decision making for family reunion applications into one team based in the United Kingdom. That work was initiated following the inspection of family reunion applications by the independent chief inspector of borders and immigration. I am grateful to David Bolt for conducting such a thorough inspection. I assure the House that the Home Office treats all applications for family reunion with compassion and sensitivity and will continue to do so. The Government have accepted all the recommendations in the chief inspector’s report and work is under way to implement them.

I want to reassure Members that I have listened carefully to the arguments put forward today in favour of widening the family reunion criteria. The Government recognise the important principle of family unity, but our policies must be balanced, and we must not inadvertently and perversely create a situation in which families see an advantage in sending people ahead, in particular children, putting their lives at risk by attempting perilous journeys into and across Europe: tragically, such journeys have cost many lives. I therefore remain of the view that widening the criteria to include many other categories of people is neither practical nor sustainable.