Refugee Family Reunion (Immigration Rules)

Debate between Thangam Debbonaire and Stella Creasy

Tuesday 29th November 2016 Westminster Hall

[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.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

My hon. Friend is making an incredibly powerful case. The reason why people run needs to be at the heart of how we do our refugee policy. Nobody decides to leave their family lightly. We need to counter the idea that one member of a family is at risk but another is not to understand how to have a dignified and humane approach to refugees.

[Thangam Debbonaire]

I agree. I find it difficult to understand why a child who has come from a place that is deemed unsafe for them to go back to cannot simply bring their parents here.

In July, the Home Office published updated guidance on refugee family reunion, which set out details of types of cases where exceptional circumstances may apply—for example, in the case of dependent children over the age of 18. It is important that there are exceptional circumstances, and it is a welcome sign that the Government recognise the importance of family reunion, but it is not enough. People are usually granted leave to remain in exceptional circumstances for only 33 months, and they may be subject to other restrictions to which those granted refugee status are not subject. Those restrictions are left to the discretion of Home Office officials, which does not give them the certainty that a change in the rules would provide.

The Home Affairs Committee, in HC 151, its sixth report of this parliamentary Session, reviewed the work of the immigration directorates:

“It seems to us perverse that children who have been granted refugee status in the UK are not then allowed to bring their close family to join them in the same way as an adult would be able to do. The right to live safely with family should apply to child refugees just as it does to adults. The Government should amend the immigration rules to allow refugee children to act as sponsors for their close family.”

I thank my right hon. Friend the Member for Leicester East (Keith Vaz) for that work.

The same Committee, in HC 24, its seventh report of this Session, on the migration crisis, stated:

“Family reunion of migrants has been shown to have benefits in terms of integration and support networks, in addition to the human rights requirements of allowing families to be together, and there is clear scope for further measures to facilitate women and children joining husbands, fathers and other male relatives who have reached the UK…We also recommend that the UK broaden the scope of family reunion rules”.

I therefore support the Home Affairs Committee, the Refugee Council, Refugee Action, Amnesty International, the British Red Cross and many others, and call on the UK Government to end the discrimination against children, allowing those recognised as refugees the right to be joined in this country by other family members. Further, the definition of “family” should be expanded to include a wider range of family members. I recognise that that is challenging, but those people have come from war zones.

Our system needs to be properly implemented to fulfil our legal and moral obligations. The effect of cuts to legal aid is that refugees and UK citizens struggle to be reunited with their family members. Legal aid for specialist legal help for family reunion was cut by the coalition Government in 2013, on the grounds that it was considered a straightforward immigration matter that did not warrant the need for specialist legal support. The evidence, however, from the British Red Cross, the Refugee Council, Women for Refugee Women and my own caseload shows that many of the cases are far from straightforward—they are complex and require specialist legal advisers. Given what is at stake for families, there should be legal aid provision to assist refugees making family reunion applications.

Furthermore, those refugees who have been granted citizenship cannot sponsor family members in the same way as those only with refugee status. That seems particularly harsh. They are subject to the same minimum income and other requirements of the spousal visa process as other UK citizens. I understand why that has happened, but it is difficult for newly arrived people to meet such conditions—for those who have arrived here from war zones, it seems unnecessarily harsh. I therefore ask the Government, after their review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, to reinstate the provision of legal aid in family reunion cases. Will the Minister comment on that?

I also ask the Government to expand the scope of family reunion so that those who have been granted UK citizenship, or who were born UK citizens, can sponsor family members in the same way as those with refugee status. I further ask that they be granted legal aid in the same way.

Rather than simply turning down an application if there is not enough information, it would be helpful if the Home Office asked for more information. The Refugee Council reported to me that applicants are not being given the opportunity to submit further evidence for their application when their supporting documentation is deemed insufficient. They are simply told that their application has been turned down, which forces them into lengthy and costly appeals processes. During that time, refugees who want to come here continue to live in precarious conditions, often in a third country—for example, if they have fled Syria, they might be in a camp in a neighbouring country such as Lebanon.

That would save the Government money on the appeals process and, most importantly, it would end the practice of leaving families stuck in vulnerable and precarious situations for months on end, waiting for an appeal to be heard. I therefore call on the Government to revise their practice guidance to officials carrying out the process and to move to asking for more information, rather than simply rejecting a family if there is insufficient information.

Demonstrating a relationship involves further complications. In applications for a sponsor’s spouse, whether through marriage or civil partnership, as well as an unmarried partner, the applicant must demonstrate a “subsisting relationship” that preceded the sponsor’s application for asylum, as well as the intention to live together permanently. Again, I understand why that has come about, but I hope that the Minister accepts that relationships and marriages happen, and children are born, while refugees remain in third countries awaiting decisions on resettlement. The rules exclude such families from reuniting, because they are deemed to be post-flight families.

For unmarried and same-sex partners, applications must also demonstrate that the couple

“have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.”

Again, I ask the Government to recognise that resettled refugees are likely to form family relationships during the often lengthy period between their flight from their country of origin and their resettlement in the UK. I ask the Government to revise their rules accordingly.

The process should be safe. The British Red Cross report, “Not So Straightforward”, which I mentioned earlier, described how, although the initial application for family reunion can be made online, the following process requires family members wishing to join relatives here in the UK to travel to their closest visa application centre. The report highlighted examples of families risking their lives to travel to an embassy, crossing conflict zones, or of people being turned away from the embassy when they arrived, even when they had appointments. I therefore ask the Government to change the rules so that the process is safer, by allowing refugees in the UK to submit the family reunion documents, rather than forcing their family members to make journeys that are often costly and dangerous.

In conclusion, I ask the Government to consider eight requests, and I hope that the Minister will be able to give an answer to some, or at least an indication of the direction of travel. If he cannot grant my requests, will he agree to meet me in any case to discuss them further?

First, will the Government allow children recognised as refugees the right to be joined here in the UK by family members? Secondly, will the Government expand the definition of family to include a wider range of family members? Thirdly, will the Government reinstate the provision of legal aid in family reunion cases? Fourthly, will the Government expand the scope of refugee family reunion so that those who have been granted UK citizenship can sponsor family members in the same way as those with refugee status? Fifthly, will the Government grant legal aid to refugees with UK citizenship? Sixthly, will the Government revise the guidance so that officials ask for more information, rather than simply rejecting a family’s application because of insufficient information? Seventhly, will the Government recognise that resettled refugees are likely to form family relationships during the often lengthy period between flight and resettlement, and revise the rules accordingly? Eighthly, will the Government change the rules, so that the process is safer, by allowing refugees in the UK to submit the family reunion documents?

Those people have fled from war, persecution and torture. Many of them have gone through terrible journeys to reach sanctuary in the UK. Many are children. Surely it is not too much to ask that they are allowed to be reunited quickly, safely and easily with their families. After all, is that not what we would want if it happened to us?