“The lack of a functioning system leaves those in conflict zones with no choice but to take dangerous journeys,” he said. “If the next government is serious about preventing such journeys, then creating a workable application process that allows those with UK family ties to swiftly and safely secure family reunion visas should be a priority on day one.”
RAMFEL’s research, conducted over two and a half years, shows that even making applications under the family reunion scheme is impossible for many because of the requirement to attend a VAC to register biometrics. Many conflict zones, such as Sudan and Gaza, do not have a VAC. Nor does Afghanistan.
It also evidenced that the government’s default position has been to refuse family reunion applications, regardless of whether the person qualifies under the rules of the scheme.
In one of the few family reunion routes – Appendix CNP, which covers children – the government refused 83% of applications between April and September 2023. In another route, Appendix Adult Dependant Relative, the refusal rate was 96% between 2017 and 2020.
It is therefore left to immigration lawyers to challenge these decisions, with around two-thirds overturned in court between 2019 and 2022. RAMFEL itself has never failed to overturn a family reunion refusal.
To make matters worse, there are huge delays in processing applications and, once rejected, an average wait of 43 weeks for an appeal date. That means people stuck in conflict zones who qualify for one of the UK’s ‘safe routes’ are having to wait over a year for a visa – or make their own way here.
The government’s own analysis confirms that family ties are one of the driving factors motivating refugees to try and get to the UK.
And RAMFEL said its work in Sudan shows this is the case.
“When last year’s conflict started we were working with 14 people there, 13 of whom were children, seeking to apply for family reunion in the UK. One year on, only two have been given UK visas, with many either stranded in Sudan or having attempted dangerous journeys and suffered serious abuse en route,” it said.
RAMFEL said until the UK government creates effective safe routes it is inevitable that desperate people seeking safety with their loved ones will continue to make their way here.
It has five demands of the next UK government that would make a difference:
1. Removing the need to attend VACs when no VAC is operating in the country of application, as was done for Ukrainians after Russia’s invasion in 2022
2. Introducing a more expansive definition of “family member”
3. An approach that approves rather than refuses family reunion applications
4. Hiring more decision-makers so that family reunion applications are processed more quickly
5. Immediately restoring legal aid for people whose applications are rejected, to make it easier to appeal
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