Overview

This bill aims to make it easier for family members of refugees and those granted humanitarian protection to join them in the UK. It mandates the creation of new rules for family reunification and ensures legal aid is available for those applying under these new rules.

Description

The bill requires the Secretary of State to create new immigration rules within six months of the bill's passage, enabling family reunification for refugees and those with humanitarian protection.

Family Members Included:

The definition of "family member" is broad, including parents (including adoptive), spouses (including civil partners and unmarried partners), children (under 18 or under 25 and unmarried when the refugee left their home country to seek asylum), and siblings (under 18 or under 25 and unmarried when the refugee left their home country to seek asylum). The Secretary of State can also include other individuals based on factors such as family unity, a child's best interests, dependency, and wellbeing. The "best interests of the child" will be interpreted according to the 1989 UN Convention on the Rights of the Child.

Legal Aid:

The bill amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to provide legal aid for applications made under the new family reunification rules in England and Wales.

Implementation:

Sections 1 (refugee family reunion) and 3 (extent, commencement and short title) apply across the United Kingdom, coming into force on the day of the Act's passage. Section 2 (legal aid) applies to England and Wales and comes into force two months after the Act's passage.

Government Spending

The bill will likely increase government spending due to the cost of providing legal aid and processing additional family reunification applications. Exact figures are not provided in the bill text.

Groups Affected

• Refugees and individuals granted humanitarian protection: Will potentially benefit from easier family reunification.
• Family members of refugees and those granted humanitarian protection: Will have a greater chance to join their loved ones in the UK.
• UK Government: Will incur increased costs related to processing applications and providing legal aid.
• Legal aid providers: Will see an increase in demand for their services.

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