Legally, a refugee or person with humanitarian protection can reunite with their pre-flight dependent family members through refugee family reunion. It is possible for refugee migrants to include members of their families in their application for asylum and, once the application is approved, the entire family can be granted “leave in line” to remain in Britain. However, if the main Refugee leave applicant’s family is not in the UK or is not included in the application, they would have to apply separately under the family reunion immigration rules to join or remain with the refugee.
PRIOR TO AND FOLLOWING A FLIGHT, MEMBERS OF THE FAMILY
Depending on whether the family members in question are pre-flight or post-flight members of the person granted refugee status or humanitarian protection, the provisions for family reunion would differ. Asylum seekers’ pre-flight family members include spouses, civil partners, children, and other family members who were part of the asylum seeker’s family prior to their departure from their home country. According to this route, a refugee sponsor’s relatives and household members are eligible to apply if they are currently living in the refugee sponsor’s home country. This application necessitates the submission of proof of relationship.
The majority of family reunion applications are submitted from outside the United Kingdom. However, those who have already arrived in the UK can apply for a visa on the spot. A family member who was not part of the immediate family prior to the asylum seeker’s departure from their home country is referred to as “post-flight”. Asylum seekers’ children, adult dependents, spouses, and partners, if the relationship was established after the refugee sponsor arrived in the UK, are included in this category. Post-flight members of a family must apply through their normal family route. For a spouse visa, the refugee sponsor must have a valid Refugee leave or Humanitarian protection, be able to provide for and care for their family, and have an intention to stay together permanently in the case of a marriage visa. See the requirements for spousal visas for more information on this option.
WHAT CAN WE DO FOR YOU?
Pre-flight and post-flight visa applications under the family reunion policy are handled by our experienced immigrations solicitors with extensive experience.We take great pride in being approachable and innovative, as well as always going the extra mile to ensure our clients get the personal attention they deserve. It is our goal to provide our clients with clear, transparent, and reliable advice.
QUESTION AND ANSWER
Q:DOES MY POST FLIGHT SPOUSE NEED TO SPEAK ENGLISH?
A: To enter the UK, the Post Flight Spouse must achieve a CEFR Level A1 in Speaking and Listening.
Q: WHAT IF WE DON’T HAVE PROOF OF A RELATIONSHIP?
A: Normally, home offices evaluate applications based on evidence from previous or current asylum applications. The applicant must prove the relationship. Accredited laboratories will also be accepted as DNA evidence by the Home Office.
Q: WHAT IF MY FAMILY REUNION REQUEST IS DENIED?
A: There is an appeal right to the Immigration Tribunal if the application is refused. If the applicant is in the UK, they can appeal from there.
Q: CAN I APPLY FOR A REFUGEE FAMILY TRAVEL DOCUMENT?
A: Normally, people granted entry clearance or leave to remain for family reunions must keep their own passports valid or obtain a passport from their own country. They are not recognised as refugees in their own right