Introduction – what is refugee family reunion and why is it important? Background summary members, relatives or siblings (including parents It is generally agreed, internationally, that families or legal guardians, aunts, uncles and grandparents) are a fundamental group unit ‘entitled to protection legally present in another signatory state can be by society and the state’ (UNHCR, 2016). The transferred to that state, subject to the transfer being Final Conference of Plenipotentiaries at the 1951 in the child’s best interests. Convention describes ‘the unity of the family, the natural and fundamental group unit of society, [as] an essential right of the refugee’. Analysis of the UK rules (adapted from Under the UK’s family reunion policy, a spouse, ‘Not So Straightforward’, British Red partner or child under 18 can apply to join someone Cross, Beswick, 2015) granted refugee status or humanitarian protection in Rules regarding refugee family reunion are the UK, providing they formed part of a family unit elaborated in paragraphs 352A to 352FI of part before the sponsor fled their country of origin. 11 of the immigration rules. Eligible applicants for family reunion, to be sponsored by a person granted Family unity also features in EU law under the refugee or humanitarian protection status within ‘Dublin III Regulation’ – currently subject to reforms the UK, include married or civil partners, same-sex by the European Commission. Under Dublin, asylum partners and children (aged 17 years and younger seekers whose family members have already at the time of application). In cases of compelling received international protection or are seeking and compassionate circumstances, otherwise asylum in another signatory state can be transferred ineligible applicants may be permitted to apply at the to join those family members and have their asylum discretion of the Home Office. 2 claim determined by that signatory state. All applications made under part 11 share the If the transfer is to join someone with international following requirements: a family life must exist prior protection, families do not have to have formed prior to the flight of the refugee and applicants must not to leaving the country of origin. If the transfer is to be excluded from ‘protection by virtue of paragraph join someone seeking protection, the family has 334(iii) or (iv) of these Rules or article 1F of the [UN] to have been formed prior to leaving (Refugee Convention and Protocol relating to the Status of Council, 2015). Refugees’ should they apply for refugee status in Family members are defined as spouse (or their own right (19). unmarried partner where domestic legislation Unlike other parts of the immigration rules, under affords them equal treatment) and unmarried part 11 the sponsor does not have to satisfy financial 3 minors. Unaccompanied minors with family requirements to apply for refugee family reunion. 2. Articles 9, 10 and 11, EU Dublin Regulation (EC 604/2013): eur-lex.europa.eu/legal-content/en/ALL/?uri=celex%3A32013R0604 3. Article 2, EU Dublin Regulation (EC 604/2013) eur-lex.europa.eu/legal-content/en/ALL/?uri=celex%3A32013R0604 6

How Reuniting Families Can Provide Solutions to the Refugee Crisis - Page 6 How Reuniting Families Can Provide Solutions to the Refugee Crisis Page 5 Page 7