This lesson gives guidance to ECOs on the consideration of applications made by family members who want to be reunited with a person in the UK who has been:
- Recognized as a refugee;
- Granted exceptional leave to remain (prior to 1 April 2003);
- Granted humanitarian protection;
- Granted discretionary leave.
The families of asylum seekers, whose claims have not been determined, do not be eligible to join them in the UK for family reunion’s related matters.
ECOs should tolerate in mind when considering family reunion applications that the Human Rights Act 1998 incorporates into domestic law those rights and freedoms guaranteed under the European meeting on Human Rights. Article 8 guarantees that everyone has the right to respect for private and family life.
A minor is a child aged fewer than 18. A spouse / civil partner are the husband wife of civil partner of a principal candidate.
Eligibility of candidates for family reunion
Only pre-existing families are eligible for family reunion i.e. the spouse, civil partner and minor children who formed part of the family unit previous to the time the sponsor fled to find asylum. Other members of the family (e.g. elderly parents) may be allowed to come to the UK if there are compelling, compassionate situations. The parents and siblings of a minor who has been recognized as a refugee are not entitled to family reunion. Such applications are considered under the criteria above, that is there must be compelling, compassionate circumstances in order for the family to be granted entry to the UK. Family reunion may be refused if family members fall within the terms of one of the exclusion clauses in the 1951 UN Convention, which states that an individual.
- Has not committed a crime against peace, a war crime or a crime against humanity;
- Has not committed a serious non-political crime;
- Has not been guilty of acts contrary to the purposes and principles of the United Nations.
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The latest fee of family reunion Visit Visa which has announced the UK border agency is Gratis.