Question to the Home Office:

To ask His Majesty's Government who is eligible to apply for family reunion, and what steps they are taking to ensure that family reunion decisions are humane and effective.

Our refugee family reunion policy is intended to allow those granted protection status in the UK to sponsor their partner or children to stay with or join them here, provided they formed part of the family unit before the sponsor fled their country of origin to seek protection. We recognise that children over 18 may not be living an independent life and can still be emotionally and financially dependent on their parents. In June 2022, we provided clarity through legislation on the types of scenarios which may justify a grant of leave for children who are over 18 within the rules. We made changes to the Rules and Guidance in June 2022 which now provides for children over 18 to reunite with their parents who have protection status in the UK, in exceptional circumstances.

Appendix CNP (Child Staying with or Joining a Non-Parent Relative) allows for a non-parent relative with protection status in the UK to sponsor a child to stay with or join them, where there are serious and compelling circumstances. This can be in situations where the child has no family other than the non-parent relative that could reasonably be expected to support or care for them.

Refugees can also sponsor adult dependent relatives living overseas within the immigration rules to join them where, due to age, illness, or disability, that person requires long-term personal care that can only be provided by relatives in the UK.

Where an application does not meet the eligibility requirements of the Immigration Rules, decision makers must consider whether there are any exceptional circumstances which would render a refusal a breach of Article 8 of European Convention on Human Rights (ECHR). Our policy also makes clear that there is discretion to grant visas outside the Immigration Rules, which caters for extended family members where there are compelling compassionate factors.

We will continue to keep all immigration routes under review.