Refugees (Family Reunion) (No. 2) Bill (HC Bill 13)

1 Refugee family reunion

(1) The Secretary of State must, within 6 months of this Act being passed, lay a
statement of changes in rules under section 3(2) of the Immigration Act 1971
(the “immigration rules”) to make provision for refugee family reunion in
5accordance with this Act.

(2) The statement made under subsection (1) must set out rules on the admission
to the United Kingdom of family members of a person granted refugee status
or humanitarian protection.

(3) In this Act, references to refugee status or humanitarian protection are to be
10read in accordance with the interpretation of those terms as set out in the
immigration rules.

(4) In this Act, “family members” include a person’s —

(a) parent, including adoptive parent;

(b) spouse, civil partner or unmarried partner;

(c) 15child, including adopted child, that is either —

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or
unmarried at the time the person granted asylum left the
country of their habitual residence in order to seek asylum;

(d) 20sibling, including adoptive sibling, that is either —

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or
unmarried at the time the person granted asylum left the
country of their habitual residence in order to seek asylum; and

(e) such other persons as the Secretary of State may determine having
5regard 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 refugee leave or humanitarian
10protection and another person,

(iv) the circumstances in which a person is living in the UK or
elsewhere and any risk to that person’s physical, emotional or
psychological wellbeing arising from those circumstances, or

(v) such other circumstances as the Secretary of State considers
15relevant.

(5) For the purpose of subsection (4) references to —

(a) any relationship arising from adoption includes circumstances of de
facto adoption, in accordance with the interpretation of the term
“adoption” as set out in the immigration rules;

(b) 20the “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

(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(civil legal services) is amended as follows.

(2) 25After paragraph 30 (immigration: right to enter and remain) insert —

“30A Refugee family reunion

Civil legal services provided in relation to an application for leave to enter or
remain on the basis of rules laid by the Secretary of State under section 3(2) of
the Immigration Act 1971 for the purposes of refugee family reunion within
30section 1(1) of the Refugees (Family Reunion) (No. 2) Act 2018.”

3 Extent, commencement and short title

(1) Section 1 and this section extend to the whole of the United Kingdom.

(2) Section 2 extends to England and Wales.

(3) Section 1 and this section come into force on the day on which this Act is
35passed.

(4) Section 2 comes into force at the end of the period of two months after the day
on which this Act is passed.

(5) This Act may be cited as the Refugees (Family Reunion) (No. 2) Act 2018.