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Refugees (Family Reunion) Bill [HL]

A Bill to make provision for leave to enter or remain in the United Kingdom to be granted to the family members of refugees and of people granted humanitarian protection; to provide for legal aid to be made available in such cases; and for connected purposes.


This is the latest version of the Bill

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2 Sep 2024
Lords: Committee
HL Bill 13 (as introduced)
(34 amendments)

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Page 1

1
Refugee family reunion
 
 
(1)
The Secretary of State must, within 6 months of this section coming into force,
 
 
lay before Parliament a statement of changes in the rules (the “immigration
 
 
rules”) under section 3(2) of the Immigration Act 1971 (general provisions for
 
 
regulation and control) to make provision for refugee family reunion, in
5
 
accordance with this section, to come into effect after 21 days.
 
 
(2)
Before a statement of changes is laid under subsection (1) , the Secretary of
 
 
State must consult with persons they deem appropriate.
 
 
(3)
The statement laid under subsection (1) must set out rules providing for leave
 
 
to enter and remain in the United Kingdom for family members of a person
10
 
granted protection status.
 
 
(4)
In this section, “protection status” has the same meaning as in the immigration
 
 
rules, meaning a person with—
 
 
(a)
permission to stay as a refugee,
 
 
(b)
humanitarian protection,
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(c)
temporary refugee permission, and
 
 
(d)
temporary humanitarian protection.
 
 
(5)
In this section, “family members” include—
 
 
(a)
a person’s—
 
 
(i)
parent, including adoptive parent, if the person was under the
20
 
age of 18 at the time they made an application for protection
 
 
status;
 
 
(ii)
spouse, civil partner or unmarried partner;
 
 
(iii)
child, including adopted child, who is either—
 

Page 2

 
(A)
under the age of 18, or
 
 
(B)
over the age of 18, but dependent on the person; and
 
 
(iv)
sibling, including adoptive sibling, who is either—
 
 
(A)
under the age of 18, or
 
 
(B)
under the age of 25, but was either under the age of
5
 
18 or unmarried at the time the person granted
 
 
protection status left their country of residence to
 
 
seek asylum.
 
 
(b)
such other persons as the Secretary of State may determine, having
 
 
regard to—
10
 
(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 protection status and another person,
 
 
(iv)
any risk to the physical, emotional or psychological wellbeing
15
 
of a person who was granted protection status, including from
 
 
the circumstances in which the person is living in the United
 
 
Kingdom, or
 
 
(v)
such other matters as the Secretary of State considers
 
 
appropriate.
20
 
(6)
For the purposes of subsection (5) —
 
 
(a)
“adopted” and “adoptive” refer to a relationship resulting from
 
 
adoption, including de facto adoption, as set out in the immigration
 
 
rules;
 
 
(b)
“best interests” of a child shall be read in accordance with Article 3
25
 
of the 1989 UN Convention on the Rights of the Child.
 
2
Legal aid
 
 
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
 
 
2012 (civil legal services), after paragraph 30 (immigration: rights to enter
 
 
and remain) insert—
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“Refugee family reunion
 
 
30A
Civil legal services provided in relation to an application for leave
 
 
to enter or remain on the basis of rules laid down by the Secretary
 
 
of State under section 3(2) of the Immigration Act 1971 for the
 
 
purposes of refugee family reunion as set out in section 1 of the
35
 
Refugees (Family Reunion) Act 2024.”
 
3
Extent, commencement and short title
 
 
(1)
Section 1 and this section extend to England and Wales, Scotland and Northern
 
 
Ireland.
 
 
(2)
Section 2 extends to England and Wales only.
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Page 3

 
(3)
Section 1 and this section come into force on the day on which this Act is
 
 
passed.
 
 
(4)
Section 2 comes into force at the end of the period of two months beginning
 
 
with the day on which this Act is passed.
 
 
(5)
This Act may be cited as the Refugees (Family Reunion) Act 2024.
5
Amendments
Amendment 1

This amendment was WITHDRAWN

Clause 1, page 1, line 2, leave out “must, within 6 months of this section coming into force” and insert “may”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)
Amendment 2

This amendment was WITHDRAWN

Clause 1, page 1, line 2, leave out “6 months” and insert “one month”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 3

This amendment was NOT MOVED

Clause 1, page 1, line 6, leave out “21 days” and insert “three months”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 4

This amendment was NOT MOVED

Clause 1, page 1, line 6, leave out “21 days” and insert “one year”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 5

This amendment was NOT MOVED

Clause 1, page 1, line 6, at end insert “only if the Secretary of State has considered the projected impact of the proposed statement of changes to the immigration rules and is satisfied that there is available capacity in relation to—
“(a) local support services and housing, and
(b) arrangements for the integration of refugees into local communities.”
(1A) If the statement of changes would, in the view of the Secretary of State, result in the cap on the number of entrants using safe and legal routes, whether that set out under section 60 of the Illegal Migration Act 2023 or any other statutory cap, being exceeded the Secretary of State must not lay the statement of changes.”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)

Member's explanatory statement

The amendment requires the Secretary of State to consider the impact on local communities, the provision of services and legal migration numbers, before changing the Immigration Rules.

Amendment 6

NO DECISION has been made on this amendment

Clause 1, page 1, line 8, leave out “persons they deem appropriate” and insert “—
(a) relevant local authorities;
(b) Home Office police forces;
(c) the National Crime Agency;
(d) UK Border Force;
(e) Royal Navy;
(f) the Security Services;
(g) the Secret Intelligence Service;
(h) HM Coastguard;
(i) HM Revenue and Customs;
(j) lnterpol;
(k) European Union Frontex.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 7

This amendment was NOT CALLED

Clause 1, page 1, line 11, at end insert—
“(b) the approximate cost per family member,
(c) how many people would be expected to come under the Act, and
(d) whether such people are to be given priority in publicly provided housing over others.”
(3A) The information about the cost of accommodation included under subsection (3)(b) must be itemised and must state whether the costs will be borne by the local authority, the Exchequer or both.
(3B) The information included under subsection (3)(d) must state whether refugees' family units will take priority over existing applicants for accommodation.
(3C) The figures provided under (3)(b) to (d) must be revised every six months in the light of evidence and included in a statement to Parliament.”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 8

This amendment was NOT CALLED

Clause 1, page 1, line 16, leave out paragraphs (c) and (d)

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 9

This amendment was NOT CALLED

Clause 1, page 1, line 20, leave out sub-paragraph (i)

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)

Member's explanatory statement

The amendment will bring the rules on family reunion proposed by this Bill in line with the Immigration Rules, which limit family reunion to spouses and children of a refugee.

Amendment 10

This amendment was NOT CALLED

Clause 1, page 1, line 20, leave out “was” and insert “is”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 11

This amendment was NOT CALLED

Clause 1, page 1, line 21, leave out from “18” to end of line 22 and insert “on the day on which this Act was passed”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 12

This amendment was NOT CALLED

Clause 1, page 1, line 23, leave out “civil partner or unmarried partner”

Type: Backbencher

Signatures: 2

Lord Murray of Blidworth (Con - Life peer)
Baroness Lawlor (Con - Life peer)

Member's explanatory statement

The amendment will bring the rules on family reunion proposed by this Bill in line with the Immigration Rules, which limit family reunion to spouses and children of a refugee.

Amendment 13

This amendment was NOT CALLED

Clause 1, page 1, line 23, leave out “or unmarried partner”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 14

NO DECISION has been made on this amendment

Clause 1, page 1, line 24, leave out from the first “child” to the end of line 26 on page 2

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)

Member's explanatory statement

The amendment will bring the rules on family reunion proposed by this Bill in line with the Immigration Rules, which limit family reunion to spouses and children of a refugee.

Amendment 15

This amendment was NOT CALLED

Clause 1, page 2, line 1, after “18” insert “on the day on which this Act was passed”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 16

This amendment was NOT CALLED

Clause 1, page 2, line 2, leave out sub-sub-paragraph (B)

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 17

This amendment was NOT CALLED

Clause 1, page 2, line 3, leave out from the first “sibling” to the end of line 8 and insert “under the age of 18 on the day on which this Act is passed”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 18

This amendment was NOT CALLED

Clause 1, page 2, line 5, leave out “25” and insert “21”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 19

This amendment was NOT CALLED

Clause 1, page 2, line 9, leave out paragraph (b)

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 20

NO DECISION has been made on this amendment

Clause 1, page 2, line 15, leave out “, emotional”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 21

NO DECISION has been made on this amendment

Clause 1, page 2, line 16, leave out from “status,” to “or” on line 18

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 22

NO DECISION has been made on this amendment

Clause 1, page 2, line 18, at end insert—
“(iva) the importance of maintaining a secure border,”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)

Member's explanatory statement

The purpose of this amendment is to ensure that border security is considered a key aspect of the Bill.

Amendment 23

This amendment was NOT CALLED

Clause 1, page 2, line 18, at end insert—
“(iva) intelligence or other information supplied in each individual case where provided by—
(A) the National Crime Agency;
(B) HM Coastguard;
(C) the Security Service;
(D) the Secret Intelligence Service;
(E) HM Revenue and Customs;
(F) Home Office police forces;
(G) the Serious Fraud Office;
(H) HM Army, Navy or Air Force;
(I) Interpol;
(J) European Union Frontex,”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 24

NO DECISION has been made on this amendment

Clause 1, page 2, line 19, leave out sub-paragraph (v)

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 25

This amendment was NOT CALLED

Clause 1, page 2, line 21, leave out subsection (6) and insert—
“(6) Persons must provide proof of identity using identity documents listed in section 7 of the Identity Documents Act 2010 and proof of relationship using—
(a) birth certificates,
(b) marriage certificates, or
(c) adoption certificates
in order to be considered a “family member” for the purposes of this section.”

Type: Backbencher

Signatures: 1

Baroness Lawlor (Con - Life peer)
Amendment 26

This amendment was NOT CALLED

Clause 1, page 2, line 23, leave out “, including de facto adoption,”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 27

This amendment was NOT CALLED

Clause 1, page 2, line 26, at end insert—
“(7) The Secretary of State must make arrangements for each applicant under subsection (1) to undergo a medical health assessment within a reasonable period after their application for family reunion status is made and no such application should be approved until such an assessment is undertaken.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment

NO DECISION has been made on this amendment

The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.

Type: Backbencher

Signatures: 2

Lord Jackson of Peterborough (Con - Life peer)
Baroness Lawlor (Con - Life peer)
Amendment 28

NO DECISION has been made on this amendment

After Clause 2, insert the following new Clause—
“Cases where family reunion status must not be granted
Notwithstanding the provisions in section 1(5)(a), the Secretary of State must not grant family reunion status to any person, who, within a period of the last ten years, has been removed from the United Kingdom by and after due legal process for any of the following grounds—
(a) breach of immigration conditions;
(b) overstaying a visa;
(c) illegal entry;
(d) criminal conviction(s);
(e) being deemed not conducive to the public good.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 29

NO DECISION has been made on this amendment

After Clause 2, insert the following new Clause—
“Decision relating to a person’s age
Any changes under section 3(2) of the Immigration Act 1971 made in accordance with section 1 of this Act must ensure that a family member’s leave to enter and remain cannot be granted unless—
(a) an age assessment, made under section 50 or 51 of the Nationality and Borders Act 2022 has been undertaken within a period of 48 hours of an application for family reunion status being made, under section 1 of this Act, and where the relevant authority, as noted in that Act, has reasonable grounds for doubting the stated age of the person seeking such status, and
(b) such a relevant authority deems the assessment to be satisfactory for the purposes of accurately assessing that person’s age on the day of the assessment.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 30

NO DECISION has been made on this amendment

After Clause 2, insert the following new Clause—
“Duty to collect data on family reunion status recipients
The Secretary of State must report on a quarterly basis and lay before Parliament anonymised details of each person granted family reunion status in the previous 12 months, specifically but not exclusively to include—
(a) country of origin;
(b) age when the claim was first made;
(c) accommodation status;
(d) current geographical location by local authority area;
(e) financial cost to the public purse of housing and other public services provision;
(f) criminal record where applicable;
(g) progress on immigration status, including issue of Refugee Travel Document;
(h) progress on integration status where applicable, including those persons seeking permission to work and study and those on volunteer programmes.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)
Amendment 31

NO DECISION has been made on this amendment

After Clause 2, insert the following new Clause—
“Integration Support Review
(1) The Secretary of State must, within 12 months of this Act coming into force, lay before Parliament a report on the success of the integration of refugees and their families reunited under this Act.
(2) The report must consider the progress of refugees in—
(a) English language training,
(b) obtaining employment, and
(c) educational attainment for those under 18 years old.”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that family reunion aligns with a broader strategy to promote successful integration into British society.

Amendment 32

NO DECISION has been made on this amendment

After Clause 2, insert the following new Clause—
“National security and public order safeguards
(1) The Secretary of State must refuse an application for family reunion where there is evidence that granting the application would—
(a) pose a threat to national security, or
(b) undermine public order or safety in the United Kingdom.
(2) In assessing such evidence, the Secretary of State may rely on intelligence or information provided by United Kingdom security agencies.”

Type: Backbencher

Signatures: 1

Lord Murray of Blidworth (Con - Life peer)

Member's explanatory statement

The amendment addresses concerns about security risks and ensures that family reunification does not inadvertently compromise national safety.

Amendment

NO DECISION has been made on this amendment

Clause 1, page 2, line 13, leave out sub-paragraph (iii)

Type: Backbencher

Signatures: 1

Baroness Anelay of St Johns (Con - Life peer)