Border Security, Asylum and Immigration Bill

Baroness Hamwee Excerpts

Committee stage
Monday 13th October 2025 Lords Chamber

Moved by

[Baroness Hamwee]

165: After Clause 48, insert the following Clause—
“Reuniting unaccompanied child refugees with family members(1) Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (2) to (6).(2) The requirements to be met by a person seeking leave to enter the United Kingdom as a child relative of a person or persons given limited leave to enter or remain in the United Kingdom, as a refugee or beneficiary of humanitarian protection, are that the applicant— (a) is the child, grandchild, sister, brother, nephew or niece of a person or persons granted limited leave to enter or remain as a refugee or beneficiary of humanitarian protection granted as such under the immigration rules,(b) is under the age of 18,(c) can, and will, be accommodated adequately by the person or persons the child is seeking to join without recourse to public funds in accommodation which the person or persons the child is seeking to join, own or occupy exclusively,(d) can, and will, be maintained adequately by the person or persons the child is seeking to join, without recourse to public funds, and(e) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.(3) The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the close relative of a child with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection are that the applicant is—(a) a parent, grandparent, sister, brother, aunt or uncle of a child with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection,(b) joining a refugee or beneficiary of humanitarian protection with limited leave to enter or remain in the United Kingdom who is under the age of 18 and not living with a parent or grandparent, and(c) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds.(4) Limited leave to enter the United Kingdom as an applicant under subsection (2) or (3) may be granted for five years provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom as an applicant under subsections (2) or (3) may be granted provided the Secretary of State is satisfied that each of the requirements of subsections (2) or (3) is met.(5) Limited leave to enter the United Kingdom as an applicant under subsection (2) or (3) is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom as an applicant under subsection (2) or (3) is to be refused if the Secretary of State is not satisfied that each of the requirements of subsections (2) or (3) is met.(6) Civil legal services are to be provided to an applicant under subsections (2) or (3) in relation to rights to enter, and to remain in, the United Kingdom pursuant to schedule 1, subsection 30(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”Member’s explanatory statement
This new clause would require changes to the immigration rules to extend the family members that could apply to join an unaccompanied child refugee in the UK, to include parents, grandparents, sisters, brothers, uncles and aunts, and to allow unaccompanied child refugees to sponsor close adult family members to join them in the UK. It also provides for legal aid to be available in such cases.

[Baroness Hamwee (LD)]

My Lords, in moving Amendment 165, I will also speak to Amendments 166 and 178 in my name and that of my noble friend Lord German. I also have my name to Amendment 177 in the name of the noble Lord, Lord Dubs. I am sure that none of us is taking it personally that the numbers listening have suddenly so reduced.

I would have liked to put forward amendments that built constructively on what is in the Bill, but, not long before the last day in Committee, the Home Office suspended its rules relating to refugee family reunion. It also gave us the prospect of a framework, to be introduced in the spring, even more restrictive than what was in place when the Bill arrived in this House. So I do not have the basis on which many of us have sought to build, over a good while, to enable refugees to be with their families in the UK with fewer restrictions than are in place at the moment—and preferably none.

Without making a Second Reading speech—I am aware that saying that will make it sound like a Second Reading speech—I want to start with some general observations, the first of which is that family reunion is a safe and managed route. I will take my numbers from briefings from some of the many organisations within the sector, which have been so helpful on this subject and throughout the passage of this Bill. In 2024, just over 4,000 separated children claimed asylum in the UK, and there were about 1,400 in the first half of this year. The top nationalities of these children are telling, and they reflect the severity of the crises that they are fleeing: Sudan, Vietnam, Iran, Afghanistan, Eritrea and Somalia. In other words, the vast majority of children arriving irregularly are escaping war, persecution and authoritarian regimes, and most lack access to any recognised regular route to seek protection in the UK.

They are not a threat to the integrity of the refugee system, and these amendments are intended to make the route safer and to make it a safe route for more families and more family members who do not come within the current categories—more than can be achieved by the one-in, one-out arrangement. The risks to unaccompanied asylum-seeking children are obvious. The UNHCR tells us that people smugglers are particularly likely to be resorted to by children who are alone. They are seduced by smugglers when family reunion is delayed or at risk. I recall that the Minister said he would be able to bring the House more information about the Home Office supporting unaccompanied children. I do not know whether he will be able to tell the Committee anything today—or, if not, to tell noble Lords when we might receive more information about the support available.

There are risks to other family members. Children and women are often trapped in very dangerous situations and resort to “small boats”. Families should be together. How often do politicians talk about the importance of family? I have the impression that fewer comments are made to this effect than there used to be. What is the damage if Governments keep them apart? People may be separated en route—children separated from adults and adults separated from children—and it is no wonder that some children present at the border as adults. They have had to learn to look after themselves.

The criteria that we understand are to be applied for the greater admission of family members will include long periods of residence here—that, of course, is not entry; it will be settlement—better facility with the English language, and financial requirements. In our view, all of these will exacerbate the precarious situation that so many family members find themselves in.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, I am conscious that we have many groups of amendments to get through, so I shall resist the temptation to respond to everything that has been said—the Whip is nodding vigorously. However, I shall make just a few points. First, at some points in this debate we have fallen into the trap of conflating asylum and refugee policy with immigration policy, and we should resist that. Secondly, on references to traffickers, smugglers and other criminals, they will find new modi operandi, and legislation is not going to achieve everything, or indeed very much, in that area. That is why proposing safe routes is so important, as it is tackling the issue from the other end.