Refugees (Family Reunion) Bill [HL]

1 Refugee family reunion

(1)

The Secretary of State must, within 6 months of this section coming into force,
lay before Parliament a statement of changes in the rules (the “immigration
rules”) under section 3(2) of the Immigration Act 1971 (general provisions for
regulation and control) to make provision for refugee family reunion, in
accordance with this section, to come into effect after 21 days.

(2)

Before a statement of changes is laid under subsection (1) , the Secretary of
State must consult with persons they deem appropriate.

(3)

The statement laid under subsection (1) must set out rules providing for leave
to enter and remain in the United Kingdom for family members of a person
granted protection status.

(4)

In this section, “protection status” has the same meaning as in the immigration
rules, meaning a person with—

(a)

permission to stay as a refugee,

(b)

humanitarian protection,

(c)

temporary refugee permission, and

(d)

temporary humanitarian protection.

(5)

In this section, “family members” include—

(a)

a person’s—

(i)

parent, including adoptive parent, if the person was under the
age of 18 at the time they made an application for protection
status;

(ii)

spouse, civil partner or unmarried partner;

(iii)

child, including adopted child, who is either—

(A)

under the age of 18, or

(B)

over the age of 18, but dependent on the person; and

(iv)

sibling, including adoptive sibling, who is either—

(A)

under the age of 18, or

(B)

under the age of 25, but was either under the age of
18 or unmarried at the time the person granted
protection status left their country of residence to
seek asylum.

(b)

such other persons as the Secretary of State may determine, having
regard to—

(i)

the importance of maintaining family unity,

(ii)

the best interests of a child,

(iii)

the physical, emotional, psychological or financial dependency
between a person granted protection status and another person,

(iv)

any risk to the physical, emotional or psychological wellbeing
of a person who was granted protection status, including from
the circumstances in which the person is living in the United
Kingdom, or

(v)

such other matters as the Secretary of State considers
appropriate.

(6)

For the purposes of subsection (5) —

(a)

“adopted” and “adoptive” refer to a relationship resulting from
adoption, including de facto adoption, as set out in the immigration
rules;

(b)

“best interests” of a child shall be read in accordance with Article 3
of the 1989 UN Convention on the Rights of the Child.

2 Legal aid

In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (civil legal services), after paragraph 30 (immigration: rights to enter
and remain) insert—

“Refugee family reunion

30A

Civil legal services provided in relation to an application for leave
to enter or remain on the basis of rules laid down by the Secretary
of State under section 3(2) of the Immigration Act 1971 for the
purposes of refugee family reunion as set out in section 1 of the
Refugees (Family Reunion) Act 2024.”

3 Extent, commencement and short title

(1)

Section 1 and this section extend to England and Wales, Scotland and Northern
Ireland.

(2)

Section 2 extends to England and Wales only.

(3)

Section 1 and this section come into force on the day on which this Act is
passed.

(4)

Section 2 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(5)

This Act may be cited as the Refugees (Family Reunion) Act 2024.