Visas for post-decision refugee marriages

Tuesday, 10 November 2009 12:08

The Court of Appeal has left open the issue regarding refugees applying for their spouses whom they marry after getting refugee status.  A case highlighted in Women's Asylum News -  A (Afghanistan), (heard in July) was won by the asylum applicant. They did decide that it was a breach of family life, but that this might be justificable.

The Immigration rules do not allow a refugee to apply for a visa for a spouse whom they have married after getting asylum until they have indefinite leave.  They may therefore have to wait up to 5 years before being able to bring them to the UK.

The Court accepted that this was an interference in family life.  However, the Home Office failed to comply with directions of the Court, and thus full argument was not heard on any balancing public policy reasons that the Home Office might have for making refugees wait.  The Asylum and Immigration Tribunal will now have to decide these issues in future cases and set an authority for such cases.

Any refugee in this position should take legal advice before making an application.  Even if applications are allowed by the Courts, refugees will still have to show that they can support and accommodate their spouse without recourse to public funds.