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Applications under the refugee family reunion route can be made both in country and out of country. There are no application charges for biometric enrolment fees for applications under this route. There are no financial requirements, English language requirements or immigration health surcharge. Applicants are also exempt from knowledge of language and life in the UK requirement at the settlement stage. Refugees who were granted status before 28/06/2022 or those who are classified as Group 1 refugees can sponsor an application.

What is the eligibility of Group 2 refugees for family reunion?

Those who will be granted temporary permission to stay as a group 2 refugee, after 28 June 2022, will have to face a different set of circumstances to the refugees who were granted protection prior to this date or those classified as group 1 refugees. The position in respect of refugees categorised is group 2 under Section 12 (1) of the Nationality and Borders Act 2022 is that there will be no entitlement to family reunion, unless it would be a breach of the UK’s international obligations to refuse. Case law in this area is constantly evolving and in line with FRP 7.2 the decision maker may have to determine whether there are insurmountable obstacles to family unity elsewhere and whether the relationship exists. Whether family life exists is a question of fact depending on individual factors and a decision will have to be made whether or not there will be a breach of the right to family and private life in refusing these applications for family reunion.

Can children sponsor their parents under family reunion provisions?

Children are not eligible to sponsor family members under the refugee family reunion rules. The parents and siblings of a child with protection status are not eligible to apply and decision makers will be encouraged to use their discretion and consider whether there are any compelling, compassionate factors which will grant leave outside the rules. Each case must be considered on its individual merit.

How to prove relationship with the sponsor?

In case of a spouse the applicants could include a number of documents to support their claim that they are related such as:

  • marriage certificate;
  • Traditional marriage ceremony documents;
  • DNA evidence offered voluntarily at the applicants expense from an accredited laboratory;
  • Birth certificates and adoption orders;
  • Family photographs, wedding photographs, wedding invitations;
  • Witness statements;
  • Communication records such as telephone records and emails.

The decision maker must take into account all the evidence provided and any previous evidence they have on the file as part of the asylum application.

Is DNA testing advisable?

The onus lies on the applicant and the sponsor to provide their relationship. The decision maker must not require DNA evidence but we always recommend for the applicant to volunteer DNA evidence from an accredited testing laboratory. For the applicant not to volunteer DNA evidence no negative inference can be drawn from it.

Will I get a travel document?

A person granted entry clearance or permission to stay for refugee family reunion purpose will not be granted travel documents. They are expected to keep their own national passport.

Who cannot apply for family reunion visa?

Where an individual became the partner of a person with protection status in the UK after they fled the country of origin and sought asylum. Individuals brought to the UK under Afghan Relocation and Assistance Policy (ARAP) or Afghan Citizenship with Settlement Scheme (ACRS) do not have protection status and therefore are not eligible to sponsor family members under the Refugee Family Reunion Rules.

Danielle invites you to take a look at her blog, where you will see the diverse range of clients that she has helped.

If you have any questions about the process or would like to apply for a scale up visa please contact Danielle or call on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you.

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