Alternative Visa Routes for Family Members of Refugees

This article discusses different options available to the immigrants for the reunion of their families. Each country has its own set of policies for Refugee visas and their family members and the UK is no different.

What is not considered part of the family reunion of immigrants?

The laws regarding the reunion of the immigrant family are for those couples who have been married before moving to the UK or children who are younger than 18 years. This indicates that any relationship that was formed after leaving the country of birth would not fall under the laws of refugees’ family reunion. 

Immigrants who are younger than the adult age do not have permission to sponsor their parents or siblings to the UK. This law came under great criticism as it is considered against the human rights laws at the national and international levels. 

Family Reunion laws for immigrants

Spouse and children before immigration

An immigrant is allowed to sponsor their spouse, fiancé, or civil partner for immigration. They are allowed to apply for entry clearance according to Appendix FM of the immigration laws. There are some of the requirements that they might need to fulfil to get approval for the visa. These requirements include a strong financial position and fluent English requirements. Paying the complete visa fee is also compulsory. The application for dependents can also be submitted at the same time.  

Parents, grandparents, siblings, and adult children

Some of the relatives belonging to the extended family may be allowed to sponsor immigrants under the category of “adult dependent”. The application for acquiring a visa for extended family members has a lot of complications and it is recommended to find an immigration lawyer to put things on the right track and file all paperwork correctly.

Child Relatives 

According to the law mentioned in para 319X of the immigration rules, an immigrant is allowed to sponsor a child relative in case there are proper arrangements made by the sponsoring relative to ensure proper care of the child. 

The sponsor in the UK will be required to prove that he has adequate resources to take care of the sponsored child without relying on any help from the Government. The following rules can be applied in the condition in which for example an immigrant in the UK has a niece or a nephew in a country stricken by civil war and no other relative is living in the country of origin to take care of the child. 

Exceptional Circumstances 

There are situations where a decision might be made against the mentioned refugees immigration lawyers. These are the situations where the authorities are facing exceptional circumstances and making an exception in law is justified in the given conditions. These are the conditions in which if exceptions are not made then there might be a violation of basic human rights or the right to respect for family and private life (Article 8 ECHR). 

An example of an exceptional case that the Home Office gave in its rule book is of the scenario in which an 18 years old is left alone in the country of origin while all the remaining immediate family is residing in the UK. The child left alone in a dangerous situation without any support for any other relative to support may be allowed to be his immigrant family in the UK after making an exception in immigration law. The exceptional cases are not easy to deal with so you must hire experienced family law solicitors in cases for visas for refugees so you can get things in the right way and there is no unwanted delay in getting your visa approved.

Applications made outside the UK

The foreign citizens who want to be with their immigrant family members in the UK according to the laws of family reunion for refugees must give an application for entry clearance from their home country using the online application form. In case the visa application is approved the applicant must visit his family within the 30 days of approval of the application as the visa given is only valid for 30 days. In case the applicant needs more time to make necessary arrangements to travel to the UK then he or she must make the date they intend to travel to the UK clear on the application form so that they are given a visa from the desired date. 

Contact Our Immigration Attorney

In case you need expert guidance for applying for exceptional cases or cases outside the Immigration Rules, feel free to contact London’s best immigration lawyers.  Our team of best family immigration lawyers will put you in the right direction for successful immigration application results.