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Asylum

Refugee family members

December 1, 2019 1,367

Some readers may know that a family member of a refugee may, apparently, also be granted leave as a refugee. The biometric residence permit that they are granted may contain the words “refugee leave to remain” or similar.

But this is actually wrong. Unless the family member has made a successful asylum claim of their own they do not really hold refugee leave: they hold leave as the family member of a refugee, which is quite different.

This is a strange subject, because guidance published by the Home Office makes this clear.

But sometimes it can cause a problem. If, for example, the family member of a refugee travels to the country from which the refugee successfully claimed asylum the Home Office may write to the family member and threaten to revoke their refugee status. If a refugee did this then of course it would be a problem, but it should not be a problem for a refugee family member, and of course the family member does not have any asylum status to revoke.

But nonetheless sometimes it happens, and in such a situation appropriate representations have to be made to the Home Office.

In case there was any doubt about this a recent decision from the Court of Appeal clarified that family members of refugees are not refugees themselves, and the rules that apply to refugees do not apply to them as well.

If you are a refugee family member and you find yourself in these kind of legal difficulties we at Get UK Visa will be able to help you; we have experience of cases of this kind.

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