Overview

This bill aims to make it easier for family members of refugees and those granted humanitarian protection in the UK to join them. It mandates changes to immigration rules to allow family reunification and ensures legal aid is available for related applications.

Description

The bill has three main sections:

• Refugee Family Reunion: The Secretary of State must, within six months, change immigration rules to allow family members of refugees and those with humanitarian protection to join them in the UK. "Family members" are broadly defined to include parents, spouses/partners, children (under 18 or under 25 and unmarried when the refugee left their home country), siblings (under 18 or under 25 and unmarried when the refugee left their home country), and other individuals the Secretary of State deems appropriate, considering family unity, best interests of the child, and dependency or risk factors. The definition of "adopted" aligns with immigration rules and "best interests" is defined according to the UN Convention on the Rights of the Child.
• Legal Aid: The bill amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to include legal aid for applications for leave to enter or remain in the UK based on the new family reunion rules.
• Extent, Commencement and Short Title: Sections 1 and 3 apply to the whole of the UK. Section 2 (Legal Aid) applies only to England and Wales. Section 1 and 3 come into effect upon passage, while Section 2 comes into effect two months later. The bill is titled the Refugees (Family Reunion) Act 2022.

Government Spending

The bill states that it will not impose any additional charge on the public or vary existing charges.

Groups Affected

Groups potentially affected include:

• Refugees and individuals granted humanitarian protection in the UK: They will benefit from the potential to reunite with their families.
• Family members of refugees and those granted humanitarian protection: They will have the opportunity to join their relatives in the UK, if they meet the criteria set out in the new immigration rules.
• Legal aid providers: They will be involved in providing legal assistance to those applying for family reunification.
• The UK Government: Will bear the cost of administering the new rules and the provision of legal aid (though the bill claims no new charge on public funds).

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