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Refugee family reunion route closed in statement of changes: HC 1298

As trailed earlier in the week, the refugee family reunion route will be “suspended” as of 3pm today as set out in the statement of changes just published. The explanatory memorandum describes this as “introducing a temporary pause to Appendix Family Reunion (Sponsors with Protection), as we undertake a full review and reform of the current family rules to ensure we have a fair and properly balanced system”.

No timescale is indicated for how long the route will be closed, although the ministerial statement accompanying the statement of changes refers to “a new family policy” being set out by the end of the year.

Changes to Appendix Family Reunion (Sponsors with Protection)

The following will be added to the top of Appendix Family Reunion:

This Appendix, also known as refugee family reunion, is now closed to new applications pending a review. For those who applied under Appendix Family Reunion (Sponsors with Protection) as a partner or child of a person with protection status before 1500 on 4 September 2025, the Appendix FRP rules in place on that date will apply to a pre-flight partner or dependent child applying to stay with or join a person who has protection status or settlement on a protection route in the UK.

Applicants are directed instead to Appendix FM and Appendix Child Relative (Sponsors with Protection). Transitional provisions will apply to any applications that were submitted before the suspension took effect and those applications will still be considered under Appendix Family Reunion (Sponsors with Protection).

Changes to Appendix FM

Previously, the wording of Appendix FM said that refugees or stateless people could only sponsor a family member under those rules if they were unable to use Appendix Family Reunion (Protection) or Appendix Statelessness. That wording has been removed as Appendix FM is now the sole route for these applicants to use.

The section of Appendix FM which allows children to apply to join a parent is being extended so that parents who hold protection status can sponsor their children (this was previously limited to those who were applying for or hold leave as a parent or partner).

The explanatory memorandum highlights an important difference with child applications in Appendix FM as opposed to Appendix Family Reunion:

5.5 The Appendix FM rules require the parent of a dependent child to have a sole responsibility where the child is not accompanying or joining both parents in the UK, which is different than the approach under Appendix Family Reunion. The policy intention is to ensure that where both parents have parental responsibility for a child, the child remains with the parents to ensure the UK is not brought into custody battles and a child is not brought to the UK against the wishes of the other parent. However, where an applicant is unable to demonstrate sole responsibility under Appendix FM, the child will still be granted permission if there are serious and compelling family circumstances that make exclusion of the child undesirable.

You can read more in our post Making sense of sole responsibility for child visas in immigration law.

Conclusion

This is devastating news for families and lawyers have spent most of this week working extremely hard to get as many applications in as possible before today’s 3pm deadline, having been given a bit of a heads up. It is important to remember that there are still other options for applying as set out above, but these have additional and unnecessary hurdles in place, for example the need to apply for a fee waiver first. This will also mean a lot more work for the Home Office.

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Sonia Lenegan

Sonia Lenegan is an experienced immigration, asylum and public law solicitor. She has been practising for over ten years and was previously legal director at the Immigration Law Practitioners' Association and legal and policy director at Rainbow Migration. Sonia is the Editor of Free Movement.

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