Migrants present in the UK have varying rights to family reunification depending on their immigration status. Migrant workers with work permits may be joined by the spouse and children, under 18, who may travel to the UK with them. In order to enter the UK family members must obtain entry clearance prior to entering. The spouses of migrant workers with valid work permits may themselves work in the UK.

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Migrants present in the UK have varying rights to family reunification depending on their immigration status. Migrant workers with work permits may be joined by the spouse and children, under 18, who may travel to the UK with them. In order to enter the UK family members must obtain entry clearance prior to entering. The spouses of migrant workers with valid work permits may themselves work in the UK. Migrant workers who make an independent application to work in the UK, for example to join The Highly Skilled Migrant Programme may also be joined by their family including spouse and dependant children, under 18, who may apply to accompany or join the migrant worker. Again the family members would have to seek entry clearance prior to traveling to the UK, and if granted the spouse and children would be granted leave to enter on the same conditions as the migrant worker. The spouse would also be entitled to work, although their leave to enter is conditional on them remaining a dependant of the migrant worker. The migrant worker would be required to demonstrate that the family would not require recourse to public funds.

People with refugee status are also entitled to be joined by their spouse and minor children. Other dependants might also be admitted if there are compelling and compassionate circumstances. If the family are present in the UK they will normally also be recognised as dependents of a refugee. If they are outside the UK they will be admitted into the country after obtaining entry clearance. Unaccompanied minors are not entitled to family reunion with parents and siblings unless there are compelling and compassionate circumstances. The family reunion rights have been operated under policies by the Home Office for many years and were only incorporated into the immigration rules in October 2000. In order for the spouse to be admitted the applicant must be married to the refugee; the marriage must have taken place before the refugee left their country of origin to seek asylum; and the applicant must not be a person who may be excluded from protection of the 1951 Refugee Convention under Article 1F, which excludes persons who have committed crimes against peace, non-political crimes and acts contrary to the purposes and principles of the UN. Children may be admitted if they are under 18; unmarried and without an independent life; and if they were part of the family unit when the refugee left their country to seek asylum; and not a person who would be excluded under Article 1 F of the 1951 Convention. There is no requirement that the family members of refugees must be maintained and accommodated without recourse to public funds.

For persons who were granted exceptional leave to remain (ELR) there is no specific provision in the immigration rules on their right to family reunion, however Home Office policy has allowed for the consideration of admission of the pre-existing spouse and minor children. Family reunion for persons with ELR will normally only be considered when that person is eligible to apply for indefinite leave to remain usually after they have maintained their status for four years, unless there are ‘compelling, compassionate circumstances,’ for example of illness or particular vulnerability. The ELR status has now been replaced by two types of discretionary status, humanitarian leave (HL) and discretionary leave (DL). Persons given HL will have the right to family reunion after they have obtained indefinitely leave to remain, usually after three years. Individuals given DL will also be eligible for family reunion once they have indefinite leave to remain, however this will normally be after six years of maintaining the status.

Asylum seekers may be joined by their dependents, which includes their spouse and children under 18, if actual dependency can be established further family members may also be treated as dependents. When a decision is made on the status to be granted to the asylum seeker similar status will be granted to their dependents. In immigration rules require the dependents to be accompanying the principle applicant however if the family members arrive and apply to be treated as dependents before a decision is made on the asylum claim they will normally be treated as such.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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