👤 Myriam Abdel-Basit, Youth Caseworker
At CARAS a very common request from separated children who receive their refugee status is to find a way to reunite with their families. This is often for younger and vulnerable siblings, and parents, in transit countries, as part of an attempt for their family members not to endure the same precarious journey they made to the UK. Young people often express guilt that they are safe in the UK and that, to fully settle and have peace of mind to flourish, they need to know that their family are safe too. Refugee children are not currently eligible to sponsor any family members within the immigration rules. While it is possible for children to submit ‘outside the rules’ applications, these are complex, lengthy and frequently unsuccessful. Therefore, it requires legal representatives with adequate knowledge and experience. It is common for misinformation and misguidance to occur.
We want provisions to be made within the immigration rules for unaccompanied refugee children to sponsor their parents and their siblings.
In our experience we have found, in many cases, that social services are not inclined to support young people in pursuing family reunion, whether this is due to a lack in knowledge or belief that it is beyond their remit. This means that it is often in our hands to guide young people through the complex process, managing their expectations and supporting evidence collection. We also support applicants to find the funds to cover associated costs such as DNA testing and travel costs. Once family members obtain their visa to enter the UK, there are often no living arrangements planned therefore we support young people to think through these logistics. There is an impression that family reunion is not viewed amongst social workers as a relevant need. Therefore, it is not considered a priority and not dealt with any sense of urgency.
What helps young people
We want change. That’s why we call on local authorities to commit to:
- taking a proactive and informed role in supporting looked after children and care leavers through family reunion applications
- connecting looked-after children and care leavers with good quality legal support for family reunion as soon as possible.
- consider reunification of vulnerable young people with their immediate family members to be a crucial part of their best interests, wellbeing and need.
Legal Aid (free legal assistance funded by the government) is not automatically available in refugee family reunion cases in England and Wales. Whilst looked after children and care leavers can access Legal Aid, a major difficulty even in these cases is the chronic lack of availability of Legal Aid solicitors. This delays the process hugely and has led young people to pay high costs they cannot afford towards private solicitors or even seek help from individuals not regulated to do this work.
We demand the reintroduction of Legal Aid, so refugees have the support they need to navigate the complicated process of being reunited with their families. We demand the government make legal aid work more financially viable, so solicitors are better able to support the most vulnerable.
The average family reunification process takes between 2-3 years. Recently, cases have been refused and only accepted after an appeal. Often family members are staying in refugee camps or are in very unsafe situations. Young people we work with have expressed experiencing anxiety, negative impact on sleep and a decline in concentration at college during this stressful process.
Finally, we urge the government to resolve the operational failures which are causing lengthy delays and a growing backlog.