Pre-flight and Post-flight family members
The provisions for family reunion would depend on whether those family members in question are deemed to be pre-flight or post-flight members of the person granted with refugee status or humanitarian protection.
Pre-flight family members are those family members who were part of the asylum seeker’s family before they fled from their home country and may include spouse, civil partner, children etc. Inorder to be eligible to apply under this route, the dependant applicants must be residing in the home country of the refugee sponsor, related to them and must have been a member of their household before they fled the country. Evidence of relationship is required for this application.Family reunion applications should ordinarily be made from outside the UK. However, the Immigration Rules also allow for in-country applications, accommodating those who already reached the UK.
Post-flight refers to those family members who did not form part of the immediate family before the asylum seeker fled the home country. This may include children conceived after an asylum seeker left their country, any adult dependent relatives, spouse or partner- if the relationship formed after the refugee sponsor came to the UK etc. Post-flight family members must apply under the normal respective family route applications. The refugee sponsor must hold a valid Refugee leave or Humanitarian protection, be able to maintain and accommodate the family, in the case of spouse visa, the relationship must be genuine and subsisting with an intention to stay together permanently. Please see the spouse visa requirements for a detailed understanding of this route.
How can we assist?
Our Immigration lawyers at City Legal have immense experience in assisting clients on pre-flight and post-flight visa applications under the family reunion policy. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
The Post flight spouse is required to meet English Language test requirements and score at least CEFR Level A1 in speaking and Listening before being granted entry to the UK.
Home offices would normally consider the application on the basis of evidence already available to them as part of the current or previous asylum applications. The burden of proof is on the applicant to prove the relationship. Home Office will also accept DNA evidence provided by an accredited laboratory in line with their DNA policy guidance.
The refusal of the family reunion application carries a right of appeal to the Immigration Tribunal. If the applicant is in the UK, the appeal can be brought from within the UK.