Reuniting with loved ones is an emotional and important step for many who have sought protection in the UK. The UK family reunion visa allows partners and children of individuals with refugee or humanitarian protection status to join them. This blog explores some key facts to remember and speculates about the future of the legislative landscape.
Reuniting families is one of the central aims of the UK immigration system, but family visa routes remain some of the most demanding to navigate. From financial thresholds to evidentiary requirements, applicants must meet stringent criteria to join their loved ones in the UK.
Family reunion
The family reunion visa is designed to reunite families separated due to forced displacement. Your partner or child may be eligible to apply if:
- You were a family before leaving your country:
The relationship must have existed before you fled from your home country. - You have protection status:
This includes individuals granted refugee status or humanitarian protection in the UK.
If you formed a family after leaving your country, your partner or child will need to apply for a visa under a different route (as stated below), as they are not eligible for a family reunion visa.
There is no fee for applying for a family reunion visa, but you must ensure your family members are eligible for it.
Key eligibility requirements for your partner
You and your partner must have a genuine relationship, and you must provide evidence of one of the following:
- You are legally married
- You are in a civil partnership
- If you are not married, you must have lived together for at least 2 years in a relationship similar to a marriage or civil partnership before you fled from your home country.
Key eligibility requirements for children
Your child must meet these criteria:
- Be under 18 years old
- Not be married or in a civil partnership.
If your child is over 18, they can still apply under specific circumstances:
- They depend on your financial and emotional support.
- Their parent is in the UK or plans to travel to the UK under the family reunion route.
- They are not living an independent life and cannot afford essential living costs.
- They have no other relatives for support and are unable to get help or work in their current country of residence.
Obtaining the necessary documents to support a family reunion visa application can be challenging, especially for individuals fleeing conflict or dangerous situations where key evidence may be unavailable or difficult to obtain. With experts in the field, we can assist you and your family by making tailored and relevant representations to the authorities, ensuring the application is as robust as possible despite these challenges.
Family visas
As stated above, if your family is not eligible for the family reunion visa route, your dependants may be able to purse an application under Appendix FM of the immigration rules. This is commonly known as a ‘family visa’. In order to apply for this visa, you will be required to meet a minimum income threshold of £29,000, and your partner – to pass an eligible English language test. Additionally, you must provide substantial evidence of a genuine and ongoing relationship with your partner. Your children may also be eligible to join you in the UK under this via route.
Common Grounds for Refusal
- Missing or incomplete financial evidence, such as payslips or bank statements.
- Insufficient documentation demonstrating the authenticity of the relationship and intention to live together in the UK permanently, which can be particularly challenging to obtain for couples in long-distance arrangements.
Policy landscape
Family immigration rules are frequently debated, with advocacy groups calling for more flexibility, particularly regarding financial thresholds. While the income threshold under the Family visa route may increase in due course, no significant changes are currently anticipated. Applicants should keep an eye out for potential updates and ensure they are well-prepared under the current rules.
Key steps for a successful application
Submitting the correct visa application with strong representations can be emotionally and administratively complex, but with the right preparation and legal support, all challenges can be navigated successfully. It is important to remember the following key takeaways:
- Prepare comprehensive documentation: Financial, relationship and supporting evidence should be complete, consistent and tailored to the requirements.
- Seek expert advice: Professional guidance can identify potential weaknesses in an application and provide tailored strategies for addressing them.
- Start early: Gathering the necessary documentation and meeting procedural requirements often takes more time than anticipated.
Updated: 10 January 2025
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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