Member

55: After Clause 48, insert the following new Clause— “Family reunion for asylum seeking children outside the United Kingdom(1) The Secretary of State must, within six months of the day on which this Act is passed, lay before both Houses of Parliament a statement of changes to the immigration rules under section 3(2) of the Immigration Act 1971 to make provision for entry clearance or leave to remain for asylum seeking children outside the United Kingdom of persons granted protection status in the United Kingdom, for the purpose of family reunion.(2) In this section—“asylum seeking children” means children outside the United Kingdom who are—(a) under the age of 18, and(b) the child, sibling, half-sibling, niece, nephew, grandchild, or stepchild of the person granted protection status;“protection status” means a person granted—(a) refugee leave, (b) refugee permission to stay,(c) humanitarian protection,(d) temporary refugee permission, or(e) temporary humanitarian permission to stay.(3) The immigration rules made under subsection (1) must provide that an application under those rules—(a) must not be refused solely on the basis of maintenance and accommodation requirements,(b) must not be subject to any application fee, and(c) must not be subject to the immigration health surcharge under section 38 of the Immigration Act 2014.(4) A person granted leave to enter or remain under the immigration rules made pursuant to this section must not be subject to a “no recourse to public funds” condition.(5) In determining an application under this section, the Secretary of State must have regard to—(a) the best interests of the child as a primary consideration, interpreted in accordance with Article 3 of the United Nations Convention on the Rights of the Child,(b) the importance of maintaining family unity,(c) any emotional, psychological, physical, or financial dependency between the child and the person granted protection status, and(d) any risks to the child’s safety and well-being if the application is refused.”Member's explanatory statement This amendment seeks to ensure that children outside the United Kingdom can be reunited with close family members who have been granted protection status in the UK, where it is in the child’s best interests. The new clause removes existing financial barriers to reunion.