Refugee Family Reunion (Immigration Rules)

Debate between Stuart C McDonald and Lady Hermon

Tuesday 29th November 2016 Westminster Hall

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Alan. I, too, thank the hon. Member for Bristol West (Thangam Debbonaire), the chair of the all-party parliamentary group on refugees, for securing this debate. I agree with pretty much everything she said. In fact, this is one of those debates where I probably agree with everything that everyone has said so far.

I also thank the organisations that have once again been in touch with excellent briefings. It is only a few months since the right hon. Member for Orkney and Shetland (Mr Carmichael) led a debate on the very same topic, and we had a debate prior to that on UN pathways. I salute all those campaigners for their perseverance, which reflects the significance of this cause.

In international human rights instruments, the family is the fundamental unit of society, and no one should ever have to consider making a choice between finding a place of safety and living with their family. Refugee family reunion is also a hugely significant part of what should be a strategic response to the refugee and humanitarian crisis, the circumstances of which the hon. Lady set out.

[Lady Hermon (North Down) (Ind)]

I am grateful to the hon. Gentleman for allowing me to intervene when he has only just got started. I have listened carefully to all the contributions. Will he take a moment to pay tribute to the many churches and community groups that do so much to welcome and warmly embrace the vulnerable people who manage to make it into the UK, who may be isolated and frightened and do not have the language or an education?

[Stuart C. McDonald]

The hon. Lady makes a good point. The churches who have taken such steps deserve our full praise. In fact, some have gone even further and are now trying to get involved in offering homes to refugees through resettlement programmes and so on. Many other organisations deserve praise as well, many of whom will have been present at the meeting that the hon. Member for Bristol West organised today, which I very much regret having missed.

To return to the point about how family reunion is also important as a part of our strategic response to the crisis that the hon. Lady described, there are two reasons for that. First, it provides safe legal routes for many people who are also at risk of persecution. It stops them from having to rely on smugglers, as my hon. Friend the Member for Midlothian (Owen Thompson) said. Secondly, it is a vital method of building support networks here, because family members arriving in the UK will have help and assistance in integrating and settling into communities. They can then provide support to the refugees with whom they are reuniting. These are people whose rehabilitation and ability to integrate can be greatly enhanced through the presence of partners and children.

In short, family reunion is an effective way for this country to step up to its obligations to do its fair share for those fleeing persecution—an obligation that we are a long way short of being able to say we have fulfilled properly. We have the family reunion basics in place, but vital improvements need to be made. They fall into two categories: the scope of eligibility rules and making the process much easier for those who qualify. In the time available, I will mention a handful of areas in which we need to see improvement.

We have heard about the cut-off age of 18, which I regard as brutally harsh. Why are we saying that an 18-year-old Syrian woman, separated from her family during escape and now living with her grandmother in Damascus, does not automatically qualify to join her refugee mother here in the UK? One hard and fast cut-off based on age is too arbitrary. Cohabitation and dependency are surely better guides to whether someone can really be considered part of the family unit of which we should be promoting a reunification.

More generally, the rules are also too restrictive regarding the range of other relatives who can apply. Particularly in this crisis, many, such as kids with only an uncle in the United Kingdom, will not fall into the limited partner or children categories under the rules, but they have no-one else to turn to. I also support calls made by hon. Members today and recently by the Home Affairs Committee for the UK to change its mind on parents being able to join refugee children here. Quite simply, there is no evidence that following the approach taken in every other EU country—with the exception of Denmark—will undermine child safeguarding. On the contrary, as my hon. Friend the Member for Glasgow North East (Anne McLaughlin) pointed out, it will promote child safeguarding.

While we are on the subject of different types of qualifying relationships, the hon. Member for Bristol West raised an important point about the latest statement of changes to the immigration rules and concerns expressed by organisations such as ILPA about the definition of unmarried partners. There are concerns that the new rules could be read as altering the definition of unmarried partners so as to create a new requirement of cohabitation, which could be difficult to prove if, for example, a couple is gay and same-sex relationships are prohibited or perhaps because persecution has meant separation. I understand that the intention was to consolidate the rules rather than to change the definition, and it would be useful for the Minister to clarify that point.

Hon. Members have also touched on refugees who have family members who are British citizens or, indeed, persons settled in the United Kingdom. There is a strong case for opening up family reunion rules to apply in such circumstances, and the eye-wateringly prohibitive immigration rules on spouses are particularly inappropriate when used in that context. The consequence is that we have seen British citizens or settled persons living in refugee camps across Europe with family members who they cannot get admitted here. I and my hon. Friend the Member for Glasgow North East, along with other colleagues, met some of them in Calais and Dunkirk earlier this year.

Hon. Members have also rightly highlighted post-flight families. Surely it is wrong to expect refugees, particularly those fleeing persecution and perhaps waiting for resettlement in a third country, not to develop family lives while in third countries, especially if they are waiting to go through programmes such as the one the United Kingdom now operates.

In response to those concerns, I have no doubt that the Minister will highlight the possibility of exceptional grants of leave outside the rules based on the recently amended guidance I referred to, but that remains far from good enough, with the ridiculously high hurdle of exceptional, compelling compassionate circumstances utterly inappropriate for the times we live in, because previously tragic and exceptional circumstances are now all too common and therefore not exceptional at all.

The guidance retains a caution that leave outside the rules is appropriate only rarely—and, with just 175 such grants in five years, that part is clearly being scrupulously implemented. Just 175 grants outside the rules in five years is wholly insufficient. Hon. Members’ suggestions are all sensible proposals to expand the scope of the eligibility criteria, but we also need to ensure that practical problems do not prevent those who do qualify for family reunion from achieving that goal.

I will give a few examples. Organisations such as Red Cross have shown how tricky the process can be, as shown in “Not So Straightforward”, the report mentioned by the hon. Member for Bristol West. In fairness, the Government have listened to recommendations, but they can do more. There is a need for qualified legal support. I fully back calls for the reintroduction of legal aid funding, which remains available in Scotland—from the Scottish Legal Aid Board, as part of its advice and assistance scheme—so it can be done.

Problems have been highlighted with applications being treated in essence like any other immigration application, as the hon. Lady pointed out, with the entry clearance office refusing to wait for extra information. Applications should not be treated like normal immigration applications; these are profound questions of family unity and protection.

The Home Affairs Committee has highlighted problems with the short entry clearance periods sometimes granted to families, who then face an impossible task to arrange transport in time or having to choose between leaving separately and risking one of the entry clearance periods running out. I recall a reassurance being given in the debate in June that that issue would be addressed, so it would be useful to know whether progress was being made.

A final, practical issue is about making applications easier to submit, because 95% are made by women and children and, as the hon. Lady pointed out, many of them are required to make dangerous journeys to third countries to find the nearest British embassy. I urge the Minister to work with organisations to explore ways of making sure that people are not put at risk in trying to access what should in essence be a safe legal route.

The work the Government have done in the countries neighbouring Syria has been excellent, but that is not the issue today. My hon. Friend the Member for Midlothian put it perfectly. It is not enough for us simply to support other countries to host refugees. Particularly now that those countries are way beyond coping, it is more imperative than ever that we step up our efforts in hosting refugees. Refugee family reunion is an utterly compelling way to provide protection, ensure better support groups here and provide safe legal routes for those who would otherwise be likely to take horrendous risks. It is a win-win policy that the Government should expand and make easier to access.