The UK Family Reunion Visa provides a vital route for families to reunite after being separated by conflict, persecution or serious harm. It allows eligible family members of a person granted refugee status or humanitarian protection in the UK to join them here, preserving the right to family life recognised under both UK and international law. For many, it is the only viable immigration route that reflects the unique circumstances of displacement and exile, and it plays a critical role in the UK’s humanitarian obligations.
What this article is about
This guide explains the Family Reunion Visa in detail from a legal and procedural perspective. It covers the eligibility criteria for both applicants and sponsors, the evidence required to prove qualifying family relationships, the application process from outside the UK, and the appeal options if an application is refused. It also addresses important distinctions between the Family Reunion Visa and other family-based immigration routes, as well as the role of Article 8 of the European Convention on Human Rights (ECHR) in protecting family unity. By the end, you will understand the key requirements, common pitfalls, and the practical steps needed to submit a strong application.
The Family Reunion Visa is not a general family immigration route — it is reserved for those with refugee status or humanitarian protection in the UK, and only for close family members where the relationship existed before the sponsor fled their country of origin. It is exempt from financial and English language requirements, and there is also no Immigration Health Surcharge (IHS) payable. However, it remains a document-heavy application that demands thorough preparation and attention to legal definitions.
In practice, the visa functions under Part 11 of the UK Immigration Rules (specifically rules 352A–352FJ), which implement the UK’s obligations under the 1951 Refugee Convention and associated protocols. The rules and Home Office policy guidance set out strict parameters for who can qualify, and while there is scope to apply outside the rules in exceptional cases, these applications require strong evidence and often engage human rights arguments.
Given its humanitarian purpose, the Family Reunion Visa process is designed to be accessible, but applicants often encounter challenges in gathering sufficient evidence, navigating the procedural requirements, and addressing Home Office queries. Understanding the legal framework, evidential standards, and procedural steps is crucial to avoiding delays or refusals, and to ensuring family members can enter the UK as swiftly as possible.
Section A: Understanding the Family Reunion Visa UK
The Family Reunion Visa is a specific immigration category designed to help recognised refugees and individuals granted humanitarian protection in the UK to be reunited with their close family members who are still overseas. Its legal basis lies within Part 11 of the Immigration Rules, which implements aspects of the UK’s obligations under the Refugee Convention. Unlike most other family visa categories, it has no financial, English language, or IHS requirement, reflecting its humanitarian focus.
1. Definition and Purpose
The Family Reunion Visa enables a person who has been recognised as a refugee or granted humanitarian protection in the UK to sponsor certain family members to join them here. Its purpose is to preserve family unity and ensure that individuals forced to flee their home countries are not permanently separated from their immediate family. The visa is primarily for family members who formed part of the household before the sponsor fled and claimed asylum in the UK.
This route is distinct from standard UK family visas under Appendix FM. While Appendix FM focuses on long-term settlement and includes financial, accommodation, and language requirements, the Family Reunion Visa operates under more flexible rules to account for the displacement and loss experienced by refugees. It is also free to apply for in most cases.
2. Who Can Apply
The Immigration Rules (rules 352A and 352D) define eligible family members narrowly. In most cases, these are:
- A spouse or civil partner, where the relationship existed before the sponsor fled their home country.
- An unmarried partner, where there is evidence of a genuine and subsisting relationship akin to marriage and the couple lived together for at least two years before the sponsor fled — although policy guidance allows flexibility where cultural or legal barriers prevented cohabitation, provided other compelling evidence is available.
- Children under 18 years of age at the date of application, who were part of the sponsor’s family unit before the sponsor left their country of origin.
- Certain children born after the sponsor fled to the UK but before they were granted refugee status, provided they were part of the pre-flight family unit.
The rules require that the relationship must have existed before the sponsor’s flight from their home country. New relationships formed after the sponsor arrived in the UK will not usually qualify under this route and may instead require an application under a different immigration category.
3. Who Can Sponsor
Only individuals with current refugee status or humanitarian protection in the UK can act as sponsors under this route. Refugee status is granted to those who meet the definition in the 1951 Refugee Convention, while humanitarian protection is granted to those who do not qualify as refugees but would face a real risk of serious harm if returned to their country of origin.
The sponsor must hold valid leave in the UK under one of these statuses at the time of the application, and their status must not be subject to any restriction that prevents family reunion. Refugees or individuals with humanitarian protection who have since obtained British citizenship cannot use this route and must instead apply under Appendix FM.
4. Legal Framework
The Family Reunion Visa is governed by Part 11 of the Immigration Rules and is supported by detailed Home Office policy guidance: Family Reunion: for Refugees and those with Humanitarian Protection. The rules reflect the UK’s obligations under the Refugee Convention, as well as the human rights protections enshrined in Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life.
Home Office caseworkers must apply the rules in line with both statutory obligations and established case law, which means they must consider whether refusing a family reunion application would breach the UK’s obligations under Article 8 ECHR, even if the application does not meet the strict requirements of Part 11. This gives scope for exceptional cases to succeed outside the rules where strong human rights arguments exist.
Section Summary
The Family Reunion Visa UK is a humanitarian immigration route available to the immediate family members of refugees or those with humanitarian protection in the UK. It is legally distinct from other family visa routes, operates under Part 11 of the Immigration Rules, and reflects both international obligations and human rights protections. To qualify, the family relationship must have existed before the sponsor fled their country of origin, and only specific family members can apply. Sponsors must hold valid refugee or humanitarian protection status, and applications are considered both under the Immigration Rules and, where relevant, under Article 8 ECHR.
Section B: Eligibility Requirements
Applying for a UK Family Reunion Visa requires both the sponsor and the applicant to meet specific eligibility rules. These requirements are set out in Part 11 of the Immigration Rules (notably rules 352A–352FJ) and in the Home Office policy guidance Family Reunion: for Refugees and those with Humanitarian Protection. The rules focus heavily on proving the family relationship and the sponsor’s immigration status. While the route is designed to be less onerous than standard family visas, the evidential standards remain high, and applications can fail if key documents are missing or incomplete.
1. Relationship Evidence
The applicant must prove they are the sponsor’s spouse, civil partner, unmarried partner, or child under 18, and that the relationship existed before the sponsor fled to the UK. In certain cases, children born after the sponsor fled but before they were granted refugee or humanitarian protection status can also qualify under rule 352D.
- Spouse or civil partner: A valid marriage or civil partnership certificate is usually required. If registration was impossible due to conflict or persecution, alternative evidence such as sworn statements, witness testimony, photographs, or community attestations can be submitted.
- Unmarried partner: Evidence must show a genuine and subsisting relationship akin to marriage. While two years of cohabitation before the sponsor fled is the standard requirement, policy guidance allows flexibility where cultural, religious, or legal barriers made cohabitation impossible. Other evidence such as correspondence, joint financial arrangements, and third-party statements can be considered.
- Children under 18: Birth certificates are normally required, along with proof that the child was part of the family unit before the sponsor fled. For adopted or stepchildren, legal adoption orders or evidence of parental responsibility is necessary.
Where official documents are missing, applicants should explain why and provide alternative credible evidence, supported by witness statements or affidavits where possible.
2. Status of the Sponsor
The sponsor must have current refugee status or humanitarian protection in the UK. Evidence includes the Home Office grant letter and biometric residence permit (BRP). The sponsor’s leave must be valid at the time the application is made.
There is no requirement for the sponsor to meet a minimum income threshold or to demonstrate English language ability. In addition, the Immigration Health Surcharge (IHS) is not payable for Family Reunion Visa applications.
3. Dependent Children Criteria
Children must be under the age of 18 on the date of application, unless exceptional circumstances exist.
- Biological children who were part of the family unit before the sponsor fled qualify under rule 352D.
- Adopted children can qualify where the adoption is legally recognised under UK law.
- Stepchildren may qualify if the sponsor has legal parental responsibility and the child was part of the household before departure.
Children over 18 will not usually qualify under the Immigration Rules but may be able to apply outside the rules on human rights grounds if they are still dependent due to disability, illness, or other compelling factors.
4. Exclusions
The Family Reunion Visa is not available for:
- Parents or siblings of the sponsor, unless applying outside the rules in exceptional cases.
- Extended relatives such as cousins, aunts, uncles, or grandparents.
- Relationships formed after the sponsor’s arrival in the UK (these must apply under other immigration routes).
Applicants who do not qualify under Part 11 may still apply for entry clearance under other family or private life routes, but these carry different eligibility and evidential requirements, including financial and English language tests.
Section Summary
Eligibility depends on proving a qualifying family relationship that existed before the sponsor fled, and the sponsor holding valid refugee or humanitarian protection status. While the process removes income and language barriers, the evidential burden remains high. Applications should be fully documented, and where official records are unavailable, credible alternative evidence and witness statements should be provided.
Section C: Application Process
The Family Reunion Visa UK application must be made from outside the UK by the eligible family member wishing to join their sponsor. The route has no Home Office application fee and no Immigration Health Surcharge (IHS), but it remains evidence-heavy and procedural errors can cause long delays or refusal. Applications must be prepared in line with both the Immigration Rules and the Home Office’s Family Reunion: for Refugees and those with Humanitarian Protection policy guidance.
1. Applying from Outside the UK
Applications are made online through the Home Office’s visa application portal, selecting the family reunion category for family members of a refugee or person with humanitarian protection. The form must be completed in full by the applicant, who is overseas, although the UK‑based sponsor can assist with preparation.
Once the form is submitted, the applicant must book and attend an appointment at a visa application centre (VAC) to provide biometrics and submit supporting evidence. Where there is no local VAC, the applicant may need to travel to a neighbouring country.
2. Supporting Documents
Applicants should provide original documents where possible, or certified copies if originals cannot be obtained. Any documents not in English or Welsh must be accompanied by a certified translation that meets Home Office standards. Typical evidence includes:
- Passport or other valid travel document for the applicant.
- Sponsor’s Home Office grant letter and biometric residence permit (BRP).
- Marriage or civil partnership certificate, or alternative evidence where official registration was not possible.
- Birth certificates for dependent children.
- Proof the family relationship existed before the sponsor fled their home country.
- Explanatory statements and affidavits from the sponsor, applicant, and credible third parties if official records are unavailable.
Where documentary evidence is limited due to conflict, displacement, or loss, detailed witness statements are often critical to persuading caseworkers of the relationship’s authenticity.
3. Application Fees & Processing Times
There is no Home Office application fee and no IHS payable for Family Reunion Visa applications. Applicants should budget for translation costs, travel to the VAC, and obtaining certified copies of documents.
Processing times vary by location, security checks, and case complexity. While the Home Office aims to decide most cases within 12 weeks, more complex applications—particularly those relying on alternative evidence—can take several months longer.
4. Biometric Enrolment & Interviews
The applicant must attend a biometric appointment to provide fingerprints and a photograph before the Home Office can consider the application.
Where there are doubts about the claimed relationship or inconsistencies in the evidence, the Home Office may request an interview covering family history, the timeline of events before the sponsor’s departure, and household arrangements.
Section Summary
The Family Reunion Visa application is submitted online from outside the UK and must be supported by clear, credible evidence of the relationship and the sponsor’s status. Although there are no fees or IHS costs, procedural precision is essential. Witness statements and alternative evidence can be decisive where documents are missing. Processing can extend well beyond 12 weeks for complex cases, so early, thorough preparation is important.
Section D: Refusals, Appeals, and Settlement
Although the Family Reunion Visa route is designed to facilitate the reunion of refugees and those with humanitarian protection with their close family members, refusals can and do occur. Understanding the grounds for refusal and the options available is crucial for applicants and sponsors.
1. Common Reasons for Refusal
Applications may be refused for a variety of reasons, including:
- Failure to prove the claimed family relationship with sufficient evidence.
- Inconsistencies between the application, supporting documents, and prior immigration or asylum records.
- The relationship was formed after the sponsor fled their country of origin (ineligible under Part 11 rules).
- Lack of credible evidence where official documents are missing and alternative evidence is insufficient.
- Security or character concerns identified through background checks.
Refusals will be set out in a detailed Home Office decision letter, explaining the reasons and indicating whether there is a right of appeal.
2. Right of Appeal
Family Reunion Visa refusals generally attract a right of appeal where human rights grounds (usually Article 8 ECHR) are engaged. The appeal must be lodged within the specified time limit—currently 28 calendar days for applicants outside the UK.
Appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber). Both the sponsor and applicant may be required to give evidence. The Tribunal will consider whether the refusal breaches the applicant’s or sponsor’s right to family life under Article 8, even if the Immigration Rules were not met.
3. Administrative Review and Judicial Review
Where no right of appeal is given, the decision may be challenged by judicial review if it is believed to be unlawful or procedurally unfair. Judicial review is a complex and time-sensitive process that should be pursued with the assistance of an experienced immigration solicitor.
4. Settlement and Indefinite Leave to Remain (ILR)
Family members admitted under the Family Reunion Visa will normally be granted leave in line with the sponsor’s refugee or humanitarian protection status. This means that if the sponsor has five years’ limited leave, the family member’s leave will expire at the same time.
When the sponsor becomes eligible for Indefinite Leave to Remain (ILR), their family members can also apply for ILR, provided they continue to meet the relationship requirements. Once ILR is granted, they may become eligible to apply for British citizenship, subject to residence and good character requirements.
Section Summary
Refusals can arise from evidential gaps, inconsistencies, or ineligibility under the Immigration Rules. Applicants should be aware of their rights to appeal or seek judicial review, particularly where human rights are engaged. Successful Family Reunion Visa holders are placed on a pathway to settlement that aligns with the sponsor’s immigration status, with the potential for ILR and eventual citizenship.
FAQs
1. Can extended family members apply for a Family Reunion Visa?
No. The Family Reunion Visa under Part 11 of the Immigration Rules is limited to the spouse, civil partner, unmarried partner, and children under 18 of the sponsor. Extended family members such as parents, siblings, or adult children are not eligible under this route, though they may be able to apply under other immigration categories or in exceptional cases outside the rules on human rights grounds.
2. Is there a fee for a Family Reunion Visa application?
No. There is no Home Office application fee, and applicants are also exempt from paying the Immigration Health Surcharge (IHS). However, costs can be incurred for document translation, legal advice, and travel to a visa application centre.
3. How long does the application process take?
Processing times vary depending on the complexity of the case, the availability of evidence, and the workload of the Home Office. While most straightforward cases aim to be decided within 12 weeks, complex cases relying on alternative evidence can take longer.
4. Can I apply for family reunion if I have indefinite leave to remain or British citizenship?
No. The Family Reunion Visa is available only to those who currently hold refugee status or humanitarian protection in the UK. If you have been granted indefinite leave to remain or British citizenship, you must use other immigration routes, such as those under Appendix FM.
5. Do I need to meet a minimum income or English language requirement?
No. The Family Reunion Visa route has no minimum income requirement and no English language requirement, reflecting its humanitarian purpose. The focus is on proving the family relationship and the sponsor’s status.
6. What happens if my application is refused?
If your application is refused and you have a right of appeal, you can challenge the decision at the First-tier Tribunal. If no appeal right is given, you may consider judicial review if the decision is believed to be unlawful. Legal advice is strongly recommended before taking action.
7. Can I work or study in the UK on a Family Reunion Visa?
Yes. Family Reunion Visa holders have the right to work and study in the UK without restriction, in line with the sponsor’s conditions of stay.
Conclusion
The Family Reunion Visa UK plays a critical role in ensuring that refugees and those granted humanitarian protection can be reunited with their immediate family members. It is a unique immigration category designed with humanitarian principles at its core, removing the usual financial and English language barriers found in other family visa routes. However, it remains an evidence-driven process, requiring clear proof of the qualifying relationship and the sponsor’s immigration status.
While the rules are relatively flexible compared to other immigration categories, the evidential burden is high and refusal rates remain significant where applications are incomplete or inconsistent. By preparing a comprehensive application that anticipates Home Office requirements, families can greatly increase their chances of a successful reunion.
Where an application is refused, appeal rights under Article 8 of the European Convention on Human Rights (ECHR) provide a safeguard for family life, though these processes can be lengthy and complex. Ultimately, the Family Reunion Visa reflects the UK’s obligations under both domestic and international law, ensuring that families displaced by persecution or conflict can rebuild their lives together in safety.
Glossary
| Term | Meaning |
|---|---|
| Refugee Status | Immigration status granted to a person who meets the definition in the 1951 Refugee Convention due to a well-founded fear of persecution. |
| Humanitarian Protection | Status granted to a person who does not qualify as a refugee but faces a real risk of serious harm if returned to their country of origin. |
| Part 11 Immigration Rules | The section of the UK Immigration Rules governing family reunion for refugees and those with humanitarian protection. |
| Article 8 ECHR | The right to respect for private and family life under the European Convention on Human Rights. |
| Biometric Residence Permit (BRP) | Identity card issued by the Home Office showing a migrant’s immigration status and conditions of stay. |
Useful Links
| Resource | Link |
|---|---|
| DavidsonMorris – Family Reunion Visa UK Guide | Family Reunion Visa UK |
| GOV.UK – Family reunion for refugees | https://www.gov.uk/family-reunion |
| GOV.UK – Immigration Rules Part 11 | Immigration Rules Part 11 |
| UNHCR – Refugee Family Reunion | UNHCR UK Family Reunion |
