Suspension of the UK’s Refugee Family Reunion scheme: an afront to the principle of family unity

The Announcement

The Secretary of State for the Home Department (“SSHD”) Yvette Cooper has trained her crosshairs squarely on foreign national families in her recent announcement, declaring the suspension and reform of the refugee family reunion scheme and a review of “the application of Article 8 in the immigration and asylum system.” The suspension came with a statement of changes to the Immigration Rules today at 3pm.

On 2 September 2025, the Home Office published a Briefing Note which confirms that applications for refugee reunion that are “already in the system” will “continue to be processed in the normal way” and that “the pause does not affect refugees’ existing rights or those who have already been granted reunion visas.” In the meantime, families can apply under the “normal Family Migration route.” The explanatory memorandum to the statement of changes also confirms this.

The suspension is expected to last until some point in 2026, with the potential for the new family reunion scheme to be introduced in Spring. One stated justification for the suspension and proposed reform is that the existing family reunion framework is at risk of being exploited by criminal gangs to promote Channel crossings; the inference being that it is currently too straightforward for refugees to be reunited with their families after being recognised as refugees.

International Legal Framework

This justification is difficult to square with the international framework governing refugee protection. The UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection stresses the centrality of the principle of family unity. That principle is enshrined in the Universal Declaration of Human Rights, Article 16(3) of which states that “the family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”

While family reunion is not directly addressed in the 1951 Refugee Convention or 1967 Protocol, the Final Act of the Conference of Plenipotentiaries that adopted the 1951 Refugee Convention contained a recommendation urging governments to take “the necessary measures for the protection of the refugee’s family” with a view to “ensuring that the unity of the refugee’s family is maintained particularly in cases where the head of the family has fulfilled the necessary conditions for admission to a particular country,” and “the protection of refugees who are minors, in particular unaccompanied children and girls, with special reference to guardianship and adoption.”

The position flowing from these commitments is that, at a minimum, the spouse and children of a recognised refugee should benefit from the principle of family unity. Far from being an optional extra, it is a central component of refugee protection.

The UK Context

Ease of timely reunification therefore ought to be considered a hallmark of a well-functioning asylum system. It reduces the need for dangerous journeys and allows families to rebuild their lives together in safety.

Crucially, the present family reunion scheme is notable for being free of charge and for imposing no financial threshold. Directing those would-be applicants to other family migration routes (including Appendix FM) that carry expensive fees and require applicants to meet significant financial thresholds could, in reality, preclude families from being able to apply at all; and could mean that family members are placed on longer routes to settlement where discretion is exercised. The explanatory memorandum to the statement of changes includes that “In line with other applications under Appendix FM, a person will need to pay the fee or obtain a fee waiver and meet the core requirements of the route (for example English language and financial requirements).”

That is if those family migration routes even remain available. In the same briefing earlier this week, the Home Office has stated that “the system for family migration has become overly complex” and that an “overly high proportion of family-related immigration cases are now decided on the basis that they are ‘exceptional’ to the normal rules,” which is why they are now reviewing the application of Article 8 ECHR (the right to respect for private and family life) in the immigration and asylum system. But these exceptional applications are exactly what the Home Office is now requiring family members of refugees to apply for. This creates the possibility that many family members of refugees will have no way of reuniting in the UK.

Concluding thoughts

The present system is far from perfect. Applications are often dealt with slowly and can be evidentially demanding. At present, decisions routinely take well over six months to be issued, and it is common for these cases to be resolved only after pursuing a lengthy and cumbersome appeal process. This leaves families in limbo and often in precarious conditions abroad. Any changes to the system should be aimed at improving it rather than making it even more difficult for families of refugees.

By suspending the family reunion system, the SSHD is jeopardising the safety and wellbeing of vulnerable families. If she is also intending to somehow legislate in order to narrow the protections of Article 8, many family members could be left completely without an alternative way to reunite with refugees in the UK. It is difficult to see how this could possibly be in line with the principle of family unity enshrined in international law. This must be at the front of her mind when drafting the replacement scheme.

further information 

If you have any queries in relation to the above issues or any other immigration matters, please contact Oliver Oldman. 

About the authors 

Oliver is a senior associate in the Immigration Team and International Protection Group. He has been practising immigration law since 2012, with a particular focus on asylum, human rights, detention and deportation matters.