Refugees (Family Reunion) Bill [HL]: HL Bill 13 of 2024–25

The Refugees (Family Reunion) Bill [HL] is a private member’s bill seeking to expand the criteria of who qualifies as a family member of a refugee and of people granted humanitarian protection. Additionally, it would look to reintroduce legal aid for such cases. The second reading of the bill is scheduled to take place in the House of Lords on 18 October 2024. It has been introduced by Baroness Hamwee (Liberal Democrat).

Similar bills on refugee family reunion rules were introduced in the 2017–19 and 2019–21 parliamentary sessions by Baroness Hamwee and in the 2021–22 and 2022–23 parliamentary sessions by Baroness Ludford (Liberal Democrat). The latter bill completed its House of Lords stages in February 2023. The former Conservative government stated that it did not support the bill’s provisions. However, Labour members supported the bill. It fell in the House of Commons after first reading due to dissolution.

1. What is the background to the bill?

1.1 UK immigration rules

Under current UK immigration rules, an individual can apply to settle in the UK (known as indefinite leave to remain) if they have a residence card and if they have protection status (as either a refugee or person with humanitarian protection). As part of the application process, an individual may be able to include either a partner or any children as dependants on the settlement application if those dependants are already in the UK.

If an individual’s partner or child is not already in the UK, they may apply for them to join them under the family reunion rules. This applies if they were part of a family before being forced to leave their country and if the individual applying has refugee status, five years’ humanitarian protection or settlement on protection grounds, but does not yet have British citizenship. However, an application cannot be made for a partner or child to join an individual in the UK if the person in the UK is under 18, or if they have not received a decision on their asylum claim.