Resettlement–Part 1

Useful Websites

World Community of resettled Refugees (WCRR)
Website: http://unhcr-register.unige.ch/

Description:
World Community of resettled Refugees (WCRR) is an online social community specifically designed for persons who were resettled as refugees to Canada, USA or Australia.

The goal of the WCRR is to help build a cohesive group of resettled refugees who wish to share the story of their resettlement experience and the life they have built in a new country. The website will also serve as a forum through which members can connect with others in nearby communities and reconnect with family and friends with whom they have been separated.

The website works by invitation only; you need an invitation from a registered member, an NGO that works with resettled refugees, or email UNHCR to request an invitation. Please visit the website for more information on how to request an invitation.

The Know Reset Project
Website: www.know-reset.eu

Description: ‘Building the Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States’

Address: Know Reset Project – Migration Policy Centre, Robert Schuman Centre for Advanced Studies, European University Institute, Via delle Fontanelle 19, I-50014 San Domenico di Fiesole (FI), Italy

Tel: (+39) 055 4685 892
Fax: (+39) 055 4685 770
Email: know-reset@eui.eu

Launched in Spring 2012, The Know Reset Project aims to map and analyse legal and policy frameworks, as well actual practices related to refugee resettlement in the 27 EU Member States. The website aims to construct the knowledge-basis for better policy-making in the domain of resettlement, both at EU level and in the 27 Member States. Know Reset aims at providing a comparative analysis of resettlement in the EU Member States, evaluating their resettlement capacity while providing policy recommendations to the EU and its Member States. The target audiences are policy-makers, public institutions, public opinion and media, and non-governmental stakeholders in the EU and in countries of first asylum.

UNHCR defines the criteria for resettlement consideration as follows:

• Legal and/or Physical Protection Needs of the refugee in the country of refuge (this includes a threat of refoulement);
• Survivors of Torture and/or Violence, where repatriation or the conditions of asylum could result in further traumatization and/or heightened risk; or where appropriate treatment is not available;
• Medical Needs, in particular life-saving treatment that is unavailable in the country of refuge;
• Women and Girls at Risk, who have protection problems particular to their gender;
• Family Reunification, when resettlement is the only means to reunite refugee family members who, owing to refugee flight or displacement, are separated by borders or entire continents;
• Children and Adolescents at Risk, where a best interests determination supports resettlement;

Lack of Foreseeable Alternative Durable Solutions, which generally is relevant only when other solutions are not feasible in the foreseeable future, when resettlement can be used strategically, and/or when it can open possibilities for comprehensive solutions.

Resettlement to Argentina

The resettlement of refugees in the Republic of Argentina is undertaken jointly by the government, the United Nations High Commissioner for Refugees (UNHCR), and agencies of programme implementation in Argentina, specifically the Hebrew Immigrant Aid Society (HIAS).

In 2005, Argentina signed a Memorandum of Understanding (MOU) for the Resettlement of Refugees with UNHCR. According to the MOU, each year Argentina informs UNHCR of the number of persons that may be resettled in the country.

Eligibility Criteria

To qualify for resettlement in Argentina, the refugee must belong to one of these categories as established by the MOU:

• need for legal and physical protection: due for example to an immediate or long-term threat of refoulement to the country of origin, expulsion to another country from where the refugee may be refouled, or a threat to physical safety or to human rights in the country of refuge, analogous to that considered under the refugee definition, and rendering asylum untenable;
• survivors of violence and torture: resettlement in this case is subject to the availability of the necessary services;
• women at risk: women that lack the traditional protection of their families or communities and that face physical and/or psychological threats (rape, sexual harassment, violence, exploitation, torture, among others);
• children and adolescents: of unaccompanied minors or minors who have been separated from their families and who require specialized attention and specific measures of protection;
• refugees with no prospect of local integration in the first country of asylum: for refugees who are unable to achieve integration after spending a certain amount of time in a country of asylum, and where there are no real possibilities of repatriation in the near future.

Admissibility for Resettlement

There are no special requirements for resettlement in Argentina.

Family Reunification for Resettled Refugees

Argentina has facilitated the family reunification in its territory of members of the same family group, even when this involves a family member that has not previously been included in the resettlement registration forms submitted by UNHCR.

Cases of family reunification do not form part of the annual resettlement quota.

Sources: this information has been taken from official documents as well as the Argentina country chapter in the UNHCR Resettlement Handbook.

Resettlement to Australia

The resettlement of refugees is part of the permanent offshore humanitarian protection that Australia offers to individuals overseas who are victims of armed conflicts or human rights violations and for whom resettlement is the most appropriate solution. Australia’s humanitarian programme is administered by the Department of Immigration and Citizenship (DIAC).

The Refugee Programme includes four types of visas available to refugees for resettlement in Australia. The majority of applicants who are considered under this category are identified and referred to the Australian Government by the United Nations High Commissioner for Refugees (UNHCR).

• Refugee Visa (Subclass 200): to be eligible for this visa, the person must meet the refugee definition in the 1951 Convention Relating to the Status of Refugees (hereafter ‘1951 Convention’). The refugee definition stipulates that an individual must be outside their home country because of a fear of persecution. The refugee must also be in need of resettlement. The following family members may be included in the application:

  1. the applicant’s partner;

  2. dependent children of the applicant and the applicant’s partner if they are under 18 years of age or are aged 18 years or over, but are wholly or substantially reliant on their parent for financial, psychological or physical support.

  3. a parent, brother or sister; step-parent, step-brother or step-sister; grandparent, grandchild, aunt, uncle, niece or nephew, step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew if they are single, usually resident in the applicant’s household and wholly or substantially financially reliant on the applicant for financial, psychological or physical support.

  As Australian permanent residents, holders of a Refugee visa are entitled to:

  live and work in Australia permanently;

  1. study in Australian schools and universities;

  2. access subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS); · access certain social security payments (subject to waiting periods);

  3. be eligible for Australian citizenship (subject to the residence eligibility criteria); · propose or sponsor people for permanent residence.

• In-country Special Humanitarian Visa (Subclass 201): this visa allows persons who are subject to persecution in their home country or habitual residence and who have not been able to leave that country to seek asylum elsewhere. This visa is rarely used. Applications are thus assessed on a case-by-case basis.

• Emergency Rescue Visa (Subclass 203): this visa is used in emergency cases where an applicant is subject to an immediate threat. A small number of emergency cases are referred to Australia each year through UNHCR’s Regional Office in Canberra. Applicants should have urgent and compelling reasons to be resettled to Australia. They have the same rights as Refugee visa holders. Emergency cases are given highest priority of all applications for resettlement. Once an application is accepted (usually within two days), the department aims to evacuate the successful applicant within three days of the decision to accept, pending health and character checks.

• Women at Risk Visa (Subclass 204): this visa is for especially vulnerable women such as single mothers, abandoned or single women. Women applicants must be living outside their home country, without the protection of a male relative and in danger of victimisation, harassment or serious abuse because she is female.

The applicant’s partner, dependent children or relatives may also be included in the application.

Eligibility and Admissibility for Resettlement

Applicants must have compelling reasons to be resettled to Australia. The DIAC decision-maker will consider balancing various factors such as:

• the degree of harm the applicants themselves may have suffered (such as individual discrimination or other physical harm);
• the degree of an applicant’s links to Australia (such as family and cultural links);
• Australia’s capacity to provide for settlement of the applicant; and
• whether resettlement is the most appropriate option for the applicant.

Applicants are also required to meet the public interest criteria intended to safeguard the Australian community’s health, access to health services, safety and national security. This includes satisfying health requirements. Applicants are generally asked to undergo a medical examination, an x-ray if 11 or more years of age and an HIV/AIDS test if 15 or more years of age.

The health criteria may be waived if the grant of a Refugee visa to the applicant is believed not to result in undue cost to the Australian community or unduly prejudice Australians’ access to health care or community services. The health criteria cannot, however, be waived if the applicant has a disease or other medical condition that represents a threat to public health in Australia.

Applicants and their dependent family members also have to be assessed against the character requirements. The assessment process may require the Australian Government to conduct character checks on applicants. Character requirements cannot be waived. Applications may, therefore, be refused on character grounds where there is evidence of criminal conduct on the applicant’s part or the applicant represents a threat or danger to the Australian community.

Family Reunification for Resettled Refugees

Holders of any of the four aforementioned visas can propose their immediate family members for entry to Australia through the offshore humanitarian program. The applicant’s relationship to the proposer must be declared to the department before the grant of the proposer’s visa. The immediate family of a proposer who entered Australia on a Refugee visa (subclass 200) for example (see above) will also be granted a Refugee visa. This is commonly referred to as the ‘Split Family’ provisions.

Immediate family members are:

• The spouse or de facto partner of the proposer;
• The child or stepchild of the proposer: a child who either has not turned 18 or has turned 18 and is dependent on the proposer. A person who has a partner or is engaged to be married cannot be considered for resettlement as a child under the ‘Split Family’ provisions.
• Includes parents or step-parents (if the proposer is not 18 or more years of age).

Unlike persons who enter Australia on a Special Humanitarian Program visa (SHP) (Subclass 202) (not as refugees but subject to substantial discrimination and human rights abuses in their home country), applicants who obtain a Refugee visa benefit from the government assistance for their travel costs and medical examinations. Applicants become ‘entrants’ on arrival to Australia. The responsibilities of the proposer towards entrants on a Refugee visa include inter alia: assisting them to find accommodation and familiarising them with services such as health care, education and public transport.

We sought advice on resettlement in Australia but did not receive any responses. If you notice any inaccuracies with this article, or are aware that laws have changed, please contact us.

Resettlement to Brazil

The Brazilian Resettlement Programme relies on a tripartite structure that involves Government, civil society and UNHCR in specific roles in accordance with the Macro Agreement for the Resettlement of Refugees in Brazil, signed in 1999. Authorities are mainly responsible for the provision of documentation and public services for refugees, both at national and local levels.  With the exception of access to political rights. Refugees benefit from equal conditions to nationals, accessing the same public policies available to Brazilians through an extensive network of different government offices.

There is no formal procedure or timeframe to determine the annual quota. In practical terms, the annual target is decided in coordination among CONARE (National Committee for the Refugees- Comitê Nacional para os Refugiados), UNHCR, and NGOs based on the existing protection needs and availability of financial resources.

Resettlement Eligibility

To qualify for resettlement in Brazil, the refugee must be recognized pursuant to the 1951 Convention and its 1967 Protocol, as well as to the Brazilian Refugee Act; be submitted for resettlement by the UNHCR; and belong to one of the these categories as established by the Macro Agreement for the Resettlement of Refugees in Brazil:

• Legal and Physical Protection Needs;
• Suvivors of Violence and Torture, if specific medical attention is available in Brazil;
• Women at Risk;
• Refugees without Local Integration Prospects;
• Refugees with strong links with other refugees already in Brazil, unaccompanied minors or medical cases.

Admissibility criteria

Each submission is subject to individual consideration and a refugee may be denied to resettle to Brazil because of past criminal activity.

Family Reunification

Brazilian refugee law allows the extension of refugee status to family members of recognized refugees, whether their recognition came through resettlement or RSD procedures.  

Family reunifications are not related to resettlement quotas. The law requires family members to be in Brazilian territory before any reunification procedures are launched. Subject to availability of funds, UNHCR may provide travel assistance.

Sources: this information has been taken from the Brazil country chapter in the UNHCR Resettlement Handbook.

Resettlement to Canada

Resettlement to Canada

Note that IRRI’s Rights in Exile Programme cannot link refugees with private sponsoring agencies. This website is for information only. Refugees must contact private sponsoring agencies directly for further information.

By way of introduction, the following brief background of Canada’s Private Sponsorship of Refugees (PSR) program by the Canadian Council for Refugees is helpful:

“The Private Sponsorship of Refugees Program is one of the key ways in which Canada contributes towards finding protection and a durable solution for the world’s refugees. The overwhelming response of Canadians through this Program to South-East Asian refugees led to the Canadian people being awarded the Nansen Medal just over 25 years ago, in 1986. Canada’s reputation as a welcoming country resettling many refugees continues to depend in significant part on this Program.

The situation today has changed in many ways since the Program was launched in the 1970s, but one thing that remains constant is its unique capacity to engage Canadians directly in resettling more refugees than would otherwise be able to find a home in Canada. This capacity will gain in importance in the coming years, given the Government of Canada’s welcome commitment to increasing the numbers of refugees resettled.

Because the Program is a volunteer one, inviting Canadians to contribute their time and resources, it is important that it be designed and managed with a view to facilitating sponsorship. Canadians have many options for volunteering, and there are many projects that community organizations can take on: it is therefore important to encourage and promote Canadians getting involved – and staying involved – in resettlement through the Private Sponsorship of Refugees Program”

Q – Who is eligible for refugee resettlement to Canada?

Answer – In order to be eligible for resettlement in Canada, a refugee must belong to one of these categories:

• Convention Refugees Abroad are persons who have had their case assessed by either the UNHCR or an adjudicating body in the country of asylum, and have been found to meet the refugee definition in the 1951 Convention Relating to the Status of Refugees (hereafter the Refugee Convention): those who have a well-founded fear of persecution based on race, religion, political opinion, nationality, or a membership of a particular social group. They must be outside their country of origin and have no durable solution such that resettlement is a viable option. Additionally, the Canadian government assesses the refugee’s ability to establish themselves in Canada (for instance an assessment of language, education, ties to Canada, etc).

• The Country of Asylum Class is for persons in refugee-like situations who do not qualify as Convention Refugees. To qualify under this category, the refugees must be outside their home country or the country where they normally live; be seriously and personally affected by civil war, armed conflict or massive violations of human rights and unable to find an adequate solution within a reasonable period of time. Individuals in this category are mainly identified and referred by private sponsorship groups.

Q – Who sponsors refugees for resettlement?

Answer – Refugees selected for resettlement to Canada can be sponsored by the government and/or a private sponsoring group.

• Canadian government assisted: the costs are fully funded by the government. Government-assisted refugees are Convention Refugees Abroad whose initial resettlement in Canada is entirely supported by the Government of Canada (or Quebec, for those selected for that province). The government provides refugees with financial support and essential services in the form of accommodation, clothing, food and resettlement assistance for up to one year from the date of arrival in Canada, or until the refugees are able to support themselves. For more information see: http://www.cic.gc.ca/english/refugees/outside/resettle-gov.asp.

• Private sponsoring groups: the refugee sponsorship is fully funded by private sponsoring groups. They are responsible for all material and financial support, and for providing emotional support and orientation during the sponsorship period (usually the refugee’s first 12 months in Canada), or until the refugee becomes self-supporting. Privately sponsored refugees are Convention Refugees Abroad and members of the Country of Asylum Class whose resettlement in Canada is supported by:

1. Groups of Five (G5) which are groups of five or more Canadian citizens or permanent residents, who are at least 18 years of age and who live in the community where the refuges are expected to settle.
2. Sponsorship Agreement Holders (SAHs) which are established organizations that have signed a Refugee Sponsorship Agreement with the Minister of Citizenship and Immigration. There are currently over 75 SAHs across Canada, ranging from religious organizations to ethnocultural groups and other humanitarian organizations. SAHs may recognise Constituent Groups (CGs) to sponsor refugees under its agreement.
3. Any organisation, association or corporation which has adequate financial capacity and is based in the community where the refugee is expected to live can sponsor a refugee as a Community Sponsor.

Over the past few years the Canadian government has made changes to Canada’s PSR program, and indications are that it will continue to do so. In October 2012, all Group of Five and Community-sponsored refugees must now show “proof of recognized Convention Refugee status”. As well, beginning in 2012, Sponsorship Agreement Holders have faced a global cap on the number of applications for named refugees they can submit. For information about these and other changes to Canada’s PSR program please see the CCR’s publication on the changes.

Q – How are refugees selected for private sponsorship to Canada?

Answer – To be sponsored by the government of Canada, refugees must be referred to the Canadian visa post by the United Nations High Commissioner for Refugees (UNHCR) or by a referral agency chosen by the nearest Canadian visa post.  If your referral is accepted, you will be contacted by mail.

In private sponsorship, refugees may be identified directly by the sponsoring group (sponsor-referred cases), or may be indentified and referred to the sponsoring group by the local Canadian visa office (visa office-referred cases). A refugee could try to access this process by asking a non-governmental group in Canada to sponsor him/her.  This is usually done through a relative or friend of the refugee already living in Canada.  (Note if you do not have any relative or friend living in Canada, it is usually extremely difficult to be sponsored to go to Canada as a refugee.)  Refugees should contact their relative or friend in Canada and ask them to try to find or form a group in the area where they live to sponsor.  Links to further information about non-governmental refugee sponsoring agencies can be found above.

Q – Who cannot qualify for private sponsorship to Canada?

Answer – The following people do NOT qualify for private sponsorship:

1. People already in Canada: Such persons seeking Canada’s protection as refugees should contact their local Citizenship and Immigration Centre for information on how to make a refugee claim.
2. People who were the subject of a previous sponsorship application and were refused, unless their circumstances have changed (e.g., new information, which was not presented in the previous application has come to light; or the Canadian laws affecting the case have changed).
3. People deemed to be Convention refugees by another country and allowed to live there permanently.
4. People who fled persecution or civil war some time ago but who can now integrate into the country where they are residing or can return home safely.

Resettlement to Chile

Any decision regarding resettlement of refugees to Chile is made by the Ministry of Foreign Affairs and the Ministry of the Interior. They establish an annual resettlement target in consultation with the United Nations High Commissioner for Refugees (UNHCR).

Cases are selected on the basis of a paper application (dossier) when the number of the cases submitted from any one country of asylum is less than ten dossiers. The Resettlement Registration Forms are submitted to the government by UNHCR- Argentina, through UNHCR Headquarters.

The Government undertakes in-country selection of refugees for resettlement when the number of dossiers submitted from any one country of asylum exceeds ten cases. The selection of candidates is made through refugee status determination and resettlement eligibility interviews on the basis of the Resettlement Registration Forms submitted by UNHCR.

Eligibility Criteria

To qualify for resettlement in Chile, the person must be recognised by UNHCR and belong to one of these categories:

• legal or physical protection needs:  when the refugee meets one of these conditions:

  1. Immediate or long-term threat of forced repatriation or expulsion

  2. Threat of arbitrary arrest, detention or imprisonment

  3. Threat to human rights or physical integrity/safety, analogous to that considered under the refugee definition and rendering asylum untenable

• refugees victims of violence and /or torture

Refugee victims of violence and /or torture who require special medical attention will be considered for resettlement, subject to the availability of appropriate medical services.

• women at Risk

Women facing serious physical and /or psychological threats (rape, sexual harassment, violence, etc) lacking the protection of their families or communities.

• refugees without local integration prospects in the first country of asylum

Refugees are considered for resettlement to Chile if they remain a certain period in a country of asylum without being able to integrate and there is no prospect for repatriation in near future.

Family Reunification for Resettled Refugees

The family reunification of a refugee with his/her family takes place within the resettlement quota. Members of the family are:

• spouses, including common-law spouses with proof of relationship (e.g. birth certificates of joint offspring);
• children, biological or adopted, under 21-years-old or economically dependant regardless of their age; and
• elderly parents who are economically dependent.

Sources: this information has been taken from the Chile country chapter in the UNHCR Resettlement Handbook.

Resettlement to Czech Republic

For more detailed information on resettlement to the Czech Republic, a full country profile can be viewed here at Know Reset.

The Czech Republic officially started its resettlement programme in 2008 through a pilot resettlement programme for approximately 35 Burmese refugees from Malaysia. Around 40 refugees have since been resettled to the Czech Republic every year.

This resettlement programme is managed and implemented by The Department for Asylum and Migration Policy within the Ministry of Interior of the Czech Republic in close cooperation with United Nations High Commissioner for Refugees (‘UNHCR’) and the International Organization for Migration (‘IOM’).  

Cases are selected on the basis of “in-country selection missions” as well as paper applications (dossier). Dossier selection relies on submissions by UNHCR, especially for cases submitted under urgent or emergency priority and if there is not enough time to prepare an in-country selection mission.

Eligibility Criteria

The legal framework for resettlement in the Czech Republic is similar to the one regulating refugee status in general. It is set down in Act No. 325/1999 Collection of Laws on Asylum (‘Asylum Act’, latest amendment entered into force on 1 January 2011). Article 12 of the Asylum Act states:

Refugee status shall be granted to an alien if it is established in the proceedings on the granting of international protection that the alien:

1. a) is persecuted for exercising political rights and freedoms, or
2. b) has a well-founded fear of being persecuted for reasons of race, sex, religion, nationality, membership of a particular social group or political opinion in the country of which he/she is a citizen or, in case of a stateless person, in the country of his/her last permanent residence.  

Under the Czech Asylum Act, eligibility criteria for refugee resettlement could also be based on other specific humanitarian factors, such as: seriously ill persons, children, and women at risk.

Admissibility Criteria

Refugees may be denied a residence permit in the Czech Republic if if he/she falls within Article 1F of the 1951 Convention Relating to the Status of Refugees, is deemed to be a danger to national security, public order or harm to the country’s national or international interests. To be resettled to the Czech Republic, refugees must show a willingness to be resettled to the country and to integrate into the Czech society.

There are no specific admissibility criteria linked to the health status of the refugees.

Family Reunification for Resettled Refugees

Cases of family reunification are dealt with under the general family reunification provisions applicable to refugees who have been granted refugee status in the Czech Republic via its asylum procedure.

Under the Asylum Act, those considered family members are:

• husband/wife or partner including persons with same sexual orientation in registered partnerships. The granting of refugee status for the purposes of family reunification in this case is conditional upon continued marriage/partnership at the time before the refugee was granted refugee status;
• the recognised refugee’s unmarried child under 18 years of age;
• a parent of a recognised refugee under 18 years of age;
• an adult responsible for an unaccompanied minor or unmarried sibling of a refugee under 18 years of age.  

Family members are granted a long-term residence permit upon arrival, with the possibility to apply for a permanent residence permit after five years of residence in the Czech Republic. Family members can also apply for asylum on the basis of their family reunification with the resettled refugee.

Sources: this information has been taken from official documents as well as the Czech Republic country chapter in the UNHCR Resettlement Handbook.

Resettlement to Denmark

For more detailed information on resettlement to Denmark, a full country profile can be viewed here at Know Reset.

A refugee residing outside of Denmark can be resettled in Denmark following an agreement with the United Nations High Commissioner for Refugees (UNHCR) or a similar international organisation.

Resettlement in Denmark always takes place at the request of the UNHCR. Each year, Denmark allocates approximately 500 resettlement places divided between four different categories:

• a geographical category: primarily refugees offered resettlement following in-country selection missions;
• an emergency and urgent category: refugees, who are in an immediate risk of refoulement to their country of origin and/or who risk assaults in their country of stay;
• a medical category under the Twenty-or-More (TOM) programme: refugees with special medical needs;
• a fourth category for families: accepted on a dossier basis together with a person accepted as a medical case under the TOM programme.

Family reunification is outside the resettlement quota (see below).

Eligibility Criteria

To qualify for resettlement to Denmark, the person must meet either the criteria of Section 8 (1), (2) or (3):

Section 8 (1):

Upon application, a residence permit will be issued to an alien who arrives in Denmark under an agreement made with the United Nations High Commissioner for Refugees or similar international agreement, and who falls within the provisions of the Convention relating to the Status of Refugees (28 July 1951), cf. section 7 (1).

Section 8 (2):

In addition to the cases mentioned in subsection (1), a residence permit will be issued, upon application, to an alien who arrives in Denmark under an agreement as mentioned in subsection (1), and who risks the death penalty or being subjected to torture or inhuman or degrading treatment or punishment in case of return to his country of origin, cf. section 7 (2).

Section 8 (3):

In addition to the cases mentioned in subsections (1) and (2), a residence permit will be issued, upon application, to an alien who arrives in Denmark under an agreement as mentioned in subsection (1), and who presumably have satisfied the fundamental conditions for obtaining a residence permit under one of the provisions of the Aliens Act, if he had entered Denmark as an asylum-seeker.

To qualify for resettlement under this last Section, one of the following conditions must be fulfilled:

• the person must find him/herself in a situation where essential considerations of a humanitarian nature make it appropriate to grant him or her a residence permit, or
• the person has for a longer period of time not been able to return to his/her country of origin, even though he/she no longer risks persecution, and there is no prospect for him or her to return to the country of origin, or
• the person is an unaccompanied minor, i.e. he/she is staying in the country of first asylum without his or her parents, whose place of residence is unknown and/or he/she is without any other caretakers replacing the parents – and the unaccompanied minor will be placed in an emergency situation upon continued stay in the country of first asylum or upon return to the country of origin, or
• the person has essential qualifications which make it appropriate to grant the him/her a residence permit, including if he/she can obtain employment within a professional field of particularly qualified labor, or
• the person has close family ties in Denmark, which would normally allow him/her to apply for family reunification;
• other exceptional reasons that make it appropriate to issue a residence permit.

Other criteria are usually of importance when considering a person for resettlement. Section 8 (4) reads:

In the selection of aliens issued with a residence permit under subsections (1) to (3), the aliens’ possibilities of establishing roots in Denmark and benefiting from the residence permit, including their language qualifications, education and training, work experience, family situation, network, age and motivation, must be emphasised, unless particular reasons make it inappropriate.

• language qualifications: the refugee should normally be able to read and write in his/her mother tongue. However, illiteracy alone is not a reason for exclusion from resettlement. If the illiterate refugee belongs to a family or group of persons who possess the qualifications considered important for integration in Denmark, resettlement will be considered.
• education and work experience: these two factors are vital. However, a high education qualification is not necessarily considered to be optimal for successful integration.
• family situation: the unity of the family is to be maintained even when all family members do not fulfill the supplementary criteria considered important for integration in Denmark. Families with children are often prioritised.
• network: the resettlement of an entire group forming a network, other than the one constituted by family members, may strengthen the individual refugee’s possibility for obtaining a successful integration in Denmark.
• age: it is presumed that old or very young people, without relatives or any other social network, will have a harder time adjusting to the living conditions in Denmark.
• motivation: failing to fulfill one or more of the supplementary criteria may be disregarded if the motivation to work for a successful integration exists.

Admissibility for Resettlement

Refugees under consideration for resettlement in Denmark undergo a security investigation by the Danish Security Intelligence Service and the Danish Defence Intelligence Service.

Pursuant to Section 10 of the Danish Aliens Act, a refugee cannot be granted resettlement in Denmark if he/she has been convicted for a crime abroad, is deemed to be a danger to national security, public order and safety or if he/she falls within Article 1F of the 1951 Convention Relating to the Status of Refugees.

The applicant must also consent to a medical examination performed by the International Organisation for Migration (IOM). For public health considerations, persons who suffer from particular highly contagious diseases or mental illnesses will, unless particular reasons make it inappropriate, not be accepted for resettlement in Denmark. However, particular reasons could favour granting them a residence permit such as substantial needs for protection or close family ties to persons residing in Denmark.

Finally, the applicant must sign a declaration accepting the conditions for resettlement in Denmark, including the importance of working and learning Danish. In emergency and urgent cases, exceptional circumstances can make it inappropriate to expect the person to participate in the health examination or to sign the declaration on the conditions for resettlement in Denmark.

Family Reunification for Resettled Refugees

Refugees resettled in Denmark may under certain circumstances be granted family reunification with their spouse or permanent partner and unmarried children.

The requirements that the spouse/permanent partner must fulfill in order to obtain a residence permit are the following:

• the marriage must be valid both according to the rules of the country in which the marriage was contracted and according to Danish law; this means, among other things, that both parties to the marriage were present at the marriage ceremony;
• both parties must have entered into the marriage contract of their own free will;
• if the parties are not married prior to entry into the country but can document that they have lived together at a common address for at least one and a half year, the fiancé(e)/permanent partner may join the resettled person in Denmark;
• the marriage or the co-habitation may not have been entered into with the sole purpose of obtaining a residence permit for the spouse or the co-habitation partner for Denmark.

As a general rule, reunification with children requires that the unmarried child is under 15 years of age but may, under some circumstances, also be given to unmarried children aged between 15 and 18. The children must live together with the resettled person following their entry into Denmark.

Parents and other family members, with the exception of spouses and permanent partners and children below 18 years of age, cannot be issued a residence permit under the Danish rules of family reunification.

Sources: this information has been taken from official documents as well as the Denmark country chapter in the UNHCR Resettlement Handbook.

Resettlement to Finland

For more detailed information on resettlement to Finland, a full country profile can be viewed here at Know Reset.

Finland has a resettlement quota for refugees of 750 per year. The Aliens Act lays down the requirements and procedures for admitting refugees to Finland under this quota.

Proposals of the United Nations High Commissioner for Refugees (UNHCR) to Finland form the basis for the preparation of resettlement cases.

Eligibility Criteria

To be eligible for resettlement in Finland, applicants must meet these criteria stipulated by Section 92 of the Aliens Act:

• the alien must be in need of international protection with regards to his or her home country;
• the alien must be in need of resettlement from the first country of asylum, because, for instance, he or she is threatened with return to his or her country of origin or with arbitrary arrest or imprisonment in the country of asylum;
• the requirements for admitting and integrating the alien into Finland must be assessed;
• there are no obstacles under Section 36 (of the same Act) to issuing a residence permit (see below).

Admissibility for Resettlement

Under Section 36 of the Aliens Act, refugees may be denied a residence permit in Finland:

• […] if the alien is considered a danger to public order, security or health or to Finland’s international relations.  Endangering public health does not, however, prevent the issuing of an extended permit, if the requirements for issuing a permit are otherwise met. Endangering international relations does not, however, prevent the issuing of a residence permit on the basis of family ties or issuing a residence permit to an alien who has been issued with a long-tern resident’s residence permit by a Member State of the European Union.
• […] if there are reasonable grounds to suspect that the alien intends to evade the provisions on entry into or residence in the country.
• a residence permit by reason of family ties may be refused if there are reasonable grounds for suspecting that the sponsor has received a residence permit by circumventing the provisions on entry or residence by providing false information on his or her identity or family relations.

Family Reunification for Resettled Refugees

Under Section 37 of the Aliens Act, those considered family members are:

• the spouse of a person residing in Finland. People who continuously share a household and cohabit in a relationship resembling marriage are also regarded as spouses;
• unmarried children under 18 years of age over whom the person residing in Finland or his or her spouse had guardianship;
• a person of the same sex in a nationally registered partnership.

If the person residing in Finland is a minor, his or her guardian is considered a family member.

Under Section 115, a relative of a refugee who is not a family member may be issued with a residence permit if denying him or her a residence would be unreasonable because the persons concerned intend to resume their close family life in Finland or because the relative is fully dependent on the sponsor living in Finland.

Under Section 114, a residence permit is issued on the basis of family ties to a family member of a refugee who has been issued with a residence permit to move to Finland if the following conditions are met:

• the sponsor lives in Finland or has been issue with a residence permit for the purpose of moving to Finland; and
• the applicant is not considered a danger to public order, security or health.

In cases where issues relating to public order, security or public health come up, a decision on a residence permit is made taking into account all the relevant circumstances relating to the matter.

The International Organization for Migration (IOM) provides services to refugees admitted for resettlement to Finland under the refugee quota or family reunification. IOM makes practical travel arrangements for these persons to Finland, including booking the flights, escorts and purchasing of clothes where needed.

The refugees are received at the airport by the Finnish Red Cross (FRC). FRC provides assistance during border formalities after which the refugees are accompanied to the connecting domestic transportation for their places of resettlement.

Sources: this information has been taken from official documents as well as the Finland country chapter in the UNHCR Resettlement Handbook.

Resettlement to Iceland

Iceland has a resettlement quota of 25 to 30 refugees every year. Any decision regarding the number of quota refugees is made by the government in co-operation with the United Nations High Commissioner for Refugees (UNHCR). The Ministry of Social Affairs, through the Icelandic Refugee Council, is responsible for the selection, admission and integration of refugees in Iceland.

The selection process is implemented through selection missions to the countries of asylum by an Icelandic delegation.

Eligibility Criteria

Refugees are eligible for resettlement in Iceland if they are recognised by UNHCR under its mandate and fall into one of the following categories:

• Legal or physical protection needs, when the refugee meets one of these conditions:

1. Immediate or long-term threat of forced repatriation or expulsion.
2. Threat of arbitrary arrest, detention or imprisonment.
3. Threat to human rights or physical integrity/safety, analogous to that considered under the refugee definition and rendering asylum untenable.

• Refugees victims of violence and /or torture: who require special medical attention. The resettlement in Iceland is subject to the availability of appropriate medical services.

• Women at Risk: women facing serious physical and /or psychological threats (rape, sexual harassment, violence, exploitation, torture, etc…) lacking the traditional protection of their families or communities.

• Refugees without local integration prospects in the first country of asylum: when refugees remain a certain period in a country of asylum without being able to integrate and there is no prospect for repatriation in near future, they can be considered for resettlement.

Family Reunification for Resettled Refugees

Cases of family reunification are dealt with under the general provisions of the immigration law under the terms of the Act on Foreigners No. 92/ 2002 on a case-by-case basis.

Sources: this information has been taken from official documents as well as the Iceland country chapter in the UNHCR Resettlement Handbook.

Resettlement to Ireland

For more detailed information on resettlement to Ireland, a full country profile can be viewed here at Know Reset.

Ireland has a resettlement quota for refugees. In 2005 the resettlement quota increased from ‘10 cases plus family members’ to 200 persons per year. It includes immediate family members and dependent parents.

Cases are selected on the basis of a paper application (dossier) or following face to face interviews in the country of refuge (selection missions).

Dossier selection relies on dossier submissions by the United Nations High Commissioner for Refugees (UNHCR). Dossiers are submitted to the Department of Foreign Affairs and are examined by both the Departments of Foreign Affairs and Justice Equality and Law Reform. Where medical or emergency cases are submitted, other Government Departments such as the Department of Health and Children and the Garda National Immigration Bureau are consulted.

Since 2005, Ireland has carried out selection missions to Jordan (Iranian Kurds), Thailand (Burmese Karen), Uganda (Sudanese), Bangladesh (Burmese Rohingya) and Tanzania (Congolese from the Democratic Republic of Congo).

Eligibility Criteria

The legal framework for resettlement in Ireland is set down in Section 24 of the 1996 Refuge Act (as amended).

For resettlement purposes, refugees are referred to as ‘programme refugees’. Section 24 of the 1996 Refugee Act defines a programme refugee as a person ‘to whom leave to enter and remain in the State for temporary protection or resettlement as part of a group of persons has been given by the Government and whose name is entered in a register established and maintained by the Minister for Foreign Affairs, whether or not such person is a refugee within the meaning of the definition of ‘refugee’ in Section 2’.

There are four special categories to which priority is given in consideration of refugee cases:

• Survivors of violence or torture;
• Medical needs;
• Women at risk;
• Elderly refugees.

For dossiers submitted by UNHCR to the government of Ireland, the following documentation has to be included in the application:

• a covering letter explaining why the refugee requires resettlement and whether he or she is at risk or falls into a vulnerable category.
• a completed UNHCR Resettlement Registration Form. Information regarding family members who might be considered for family reunification later must be included. They should be complete and accurate.
• relevant documentation such as medical certificates and birth certificates.

Admissibility for Resettlement

Where medical cases are submitted the dossiers are also forwarded to the Department of Health and Children for examination and approval.

Acceptance of refugees with medical problems is conditional on verification that the Irish services can provide them with adequate treatment.

Family Reunification for resettled refugees

A refugee may apply for the admission of a member of his/her family into Ireland. Under Article 18 of the 1996 Refugee Act, a member of the family is:

• in case the refugee is married, his or her spouse (provided that the marriage is subsisting on the date of the refugee’s application pursuant to subsection (1));
• in case the refugee is, on the date of his or her application pursuant to subsection (1), under the age of 18 years and is not married, his or her parents, or
• a child of the refugee who, on the date of the refugee’s application pursuant to subsection (1), is under the age of 18 years and is not married.

An unmarried heterosexual partner may be considered for family reunification if the couple has a child together and are in a long term relationship.

A dependent member of the family may also be eligible for family reunification in exceptional circumstances. In the case of an elderly or a sick parent applications may be considered on the basis of financial dependency.

A person with refugee status in Ireland who wishes to make an application to have a family member or civil partner join him/her must apply in writing to the Family Reunification Section of the Irish Naturalisation and Immigration Service (INIS):

Department of Justice and Law Reform
Irish Naturalisation and Immigration Service
13/14 Burgh Quay
Dublin
Ireland

Department of Justice and Law Reform
Irish Naturalisation and Immigration Service
13/14 Burgh Quay
Dublin 2
Ireland
Opening Hours: Helpline: Mon, Wed, Fri 10am to 12.30pm
Tel: +353 (0)1 669 6979
Homepage: http://www.inis.gov.ie of Justice and Law ReformIrish Naturalisation and Immigration Service13/14 Burgh Quay
Opening Hours: Helpline: Mon, Wed, Fri 10am to 12.30pm
Tel: +353 (0)1 669 6979
Homepage: http://www.inis.gov.ie/

Source: this information has been taken from official documents as well as the Ireland country chapter in the UNHCR Resettlement Handbook.

Resettlement to the Netherlands

For more detailed information on resettlement to the Netherlands, a full country profile can be viewed here at Know Reset.

For the years 2008 through 2011, the Netherlands’ quota for resettlement is 2000 (500 per year). The quota is filled through dossier selection among the requests submitted by UNHCR and in-country selection via missions to countries of asylum.

On average, four missions visit refugee camps annually to select refugees in need of resettlement. The Dutch government also accepts a number of refugees submitted by UNHCR for resettlement to the Netherlands. The United Nations High Commissioner for Refugees (UNHCR) is invited to submit individual resettlement cases of, for instance, women at risk, emergency cases, or persons who live in countries of asylum which are not visited by missions.

Eligibility Criteria

The Netherlands has no specific eligibility criteria for resettlement. The resettlement unit at the Immigration and Naturalization Unit (IND) applies the same criteria to regular asylum requests and to resettlement requests.

According to Article 29 of the 2000 Aliens Act, aliens – including asylum seekers and resettled refugees – can be granted a residence permit:

• on the basis of the 1951 Geneva Convention relating to the Status of Refugees (hereafter ‘1951 Convention’) or the European Convention for the Protection of Human Rights and Fundamental Freedoms;
• for compelling humanitarian reasons relating to their individual circumstances, for instance in the light of traumatic experiences;
• if return to their country of origin would place them at grave risk because of the general situation there, for instance because it is at war.

Attention is also paid to refugees in need of special medical care. In medical cases, the Netherlands uses the following criteria:

• the cases must fit in the medical category as laid out by UNHCR;
• the medical treatment is not available in country of asylum and non-treatment may eventually lead to serious physical or mental damage. The fact that medical treatment is not accessible in countries of asylum is not an argument for granting a permit, unless access is prohibited on one of the 1951 Convention grounds (e.g. because of religion, race or nationality);
• the condition of the person should be such that their departure to the Netherlands for treatment and supervision can result in a substantial improvement.

Admissibility for Resettlement

Refugees may not be considered for resettlement in the Netherlands:

• if they meet the exclusion grounds laid down in article 1, notably 1F, of the Geneva Convention. If one member of a nuclear family meets the exclusion criteria of 1F, present or not, the other members of this nuclear family are also excluded, unless it is evident that the person involved is not present and will not seek future family reunion;
• if they have a criminal background and/or pose a threat to public order in the Netherlands;
• if they can return according to an individual assessment based on the Dutch asylum criteria and country of origin information, or when there are prospects for local integration.

Refugees might also be denied resettlement in the Netherlands if there are signs or behaviour that indicate that the refugee will not integrate into the Dutch society. The refugee’s willingness and ability to integrate into the Dutch society are taken into consideration when selecting refugees for resettlement.

Family Reunification for Resettled Refugees

Under Section 27 (e) of the Aliens Act, for the purposes of family reunification, spouses and minor children (under 18) are considered family members.

Family members can apply for a residence permit within three months of arrival to the Netherlands or the date the residence permit is granted to the main applicant. After three months, family reunification can still be considered but not within the resettlement quota. In this case, the regular Dutch criteria for family reunification apply.

Family reunification with non-marital partners, parents or adult children is also possible, but only if they are dependants of the person who was granted asylum.

In order to be considered for family reunification, family members need to be known to UNHCR at the moment of selection of the main applicant. They have to be included in the original documentation submitted to UNHCR.

Travel expenses, the costs of visas and, where necessary, laissez-passers for the refugees accepted for resettlement in the Netherlands are covered by the government. The International Organization for Migration (IOM) provides logistical assistance such as making travel arrangements and providing assistance during departure, transit and arrival and request of transit visa waver if required.

Sources: this information has been taken from official documents as well as the Netherlands country chapter in the UNHCR Resettlement Handbook.

Publications

Resettlement of refugees in the Netherlands, Immigration and Naturalisation Service, Ministry of the Interior and Kingdom Relations, November 2010

Resettlement to New Zealand

New Zealand currently has a resettlement quota of 750 refugees every year. It comprises the following subcategories:

• Women-at-Risk: up to 75. This subcategory covers refugee women who are without the support of their traditional family protectors or community and are at risk because of their gender in their country of refuge;
• Medical/Disabled: up to 75 (including up to 20 places for refugees with HIV/AIDS). Applicants under this category must have a medical condition that cannot be treated in their country of asylum;
• The United Nations High Commissioner for Refugees (UNHCR) Priority Protection: 600 (including up to 300 places for family reunification and 35 places for emergency cases). It applies to refugees requiring urgent legal or physical protection, for example those who face situations such as refoulement, deportation or arbitrary detention.

Eligibility Criteria

To be considered for resettlement to New Zealand, refugees must:

• be recognised by the UNHCR as a refugee according to the 1951 Convention Relating to the Status of Refugees, and its 1967 Protocol;
• be submitted for resettlement by the UNHCR to the Refugee Quota Branch (RQB) of the Department of Labour in accordance with the UNHCR resettlement guidelines and priorities;
• fall within the regional and global priorities of the Government of New Zealand (exceptions for emergency and family reunification cases) as set out in the Quota Composition Plan established each year;
• be assessed as admissible under the RQB policy and procedures; and
• be otherwise admissible under New Zealand law (see below).

Admissibility for Resettlement

A refugee may be denied resettlement to New Zealand because of past criminal activity (i.e. individuals who have been involved in drug trafficking or acts of persecution or torture) or on security grounds (i.e. individuals who have been involved in terrorist activity, crimes against humanity or who would present a serious security threat).

Waivers of certain grounds of inadmissibility may be available in some cases for humanitarian purposes; for instance, to uphold the principle of unity of the family.

Family Reunification for Resettled Refugees

UNHCR usually submits cases where the family members of refugees resettled in New Zealand are themselves recognised by UNHCR and considered in need of resettlement in accordance with the UNHCR’s resettlement guidelines.

In the case of separated members of the immediate family, the Refugee Quota Branch of the Department of Labor may waive the requirement of a formal UNHCR submission, provided the relationship was originally declared to the RQB. Such cases may include nuclear family members in their country of origin.

Under the Refugee Family Support Category, refugees resident in New Zealand can sponsor family members who do not qualify for residence under any other category of Government residence policy.

Sources: this information has been taken from official documents as well as the New Zealand country chapter in the UNHCR Resettlement Handbook.

Resettlement to Norway

Norway offers resettlement opportunities within annual quotas. The Norwegian parliament decides the number and nationalities of the refugees Norway accepts for resettlement every year. As of 2010, the Norwegian resettlement quota is 1 200 refugees.

The Norwegian Directorate of Immigration (UDI) is responsible for selecting the applicants for resettlement, for issuance of entry visas and for status determination and processing of the applications for resettlement.

Eligibility Criteria

For a refugee to be accepted for resettlement in Norway, he/she must meet the criteria of the 1951 Convention Relating to the Status of Refugees and be in real need of resettlement. UDI takes several criteria into consideration such as the refugee’s reasons for leaving his or her country of origin, the risks his or her return imply and security in the country of asylum.

Cases submitted by the United Nations High Commissioner for Refugees (UNHCR) are given priority. When necessary, the dossiers may be supplemented by interviews made by selection missions. UDI may additionally process cases submitted by:

• another (designated) inter-governmental organisation;
• the Norwegian Foreign Service;
• international criminal courts that Norway has witness resettlement agreements with;
• Norwegian NGOs with presence in areas where UNHCR is not present.

Admissibility for Resettlement

• Exclusion and security issues: persons excluded under the exclusion clauses of the 1951 Convention are denied resettlement in Norway. In general, Norway does not offer resettlement to persons of known criminal behavior or heavy drug users as well as those deemed to be a threat to the state’s security.
• Gender: Norway applies a gender focused approach as regards resettlement. The UDI aims to allocate 55 per cent of the total resettlement places to women and girls. Furthermore, 15 percent of all resettled refugees should fall into the category “women-at-risk”, excluding dependants.
• Medical requirements: UDI does, through UNHCR, request refugees to pass a medical examination before a decision can be made. UDI can also request the International Organization for Migration (IOM) to conduct medical examinations for refugees who have been accepted for resettlement to Norway. The results will not influence on the decisions, but are conducted in order to prepare the local health services in Norway. After selection missions, UDI may also request IOM to conduct medical examinations on the group as a whole.
• The local municipality’s capacity to offer appropriate facilities and services to refugees is considered when selecting cases eligible for resettlement in Norway. For example, the capacity to settle refugees with reduced mobility, such as people confined to wheelchairs and elderly, is limited. On the contrary, single women and families with children can more easily be offered good services in Norwegian municipalities.
• Norway has a sub quota for refugees with medical needs (twenty-or-more). When refugees with medical needs and victims of violence and torture require special treatment, available medical services in Norway are examined before decisions are made. The case will normally be rejected if required special treatment is not available or if it is only scarcely available in Norway.

Family Reunification for Resettled Refugees

Close family members may be granted a permit for family immigration for one year at a time. Close family members are the spouse, cohabitants who have lived together for at least two years and children under 18 years of age.

Other family members may be granted a permit to reside in Norway under strict conditions:

• a cohabitant with whom the person living in Norway has or is expecting a child (even if they have not been living together for at least two years);
• a person over 18 years of age intending to enter into marriage with a person residing in Norway within six months after entry into Norway;
• a single mother or father over the age of 60 without a spouse, cohabitant or relative in ascending or descending line in the country of origin, and for whom the son or daughter in Norway has special responsibility;
• a child over 18 years of age without a spouse or cohabitant, who is or becomes left in the country of origin when the remainder of the family obtain residence in Norway, or who for medical reasons is completely dependent on personal care from parents in Norway;
• full siblings under 18 years of age without a mother, father or other caregiver in country of origin or country of residence and with no mother and father in another country;
• other family members, when strong humanitarian considerations warrant it.

There is no requirement that the refugee must be able to support the family members if the family relationship was established before the refugee came to Norway.

The Norwegian state will usually cover the travel expenses of family members to resettlement refugees who come in connection with family immigration if the journey is arranged through UDI and IOM.

Sources: this information has been taken from official documents as well as the Norway country chapter in the UNHCR Resettlement Handbook.

Resettlement to Paraguay

Paraguay has a quota for refugees. Currently, it allows for the resettlement of 15 refugees per year to the country.

The Comisión Nacional de Refugiados (National Commission for refugees) (‘CONARE’) coordinates the resettlement program in Paraguay. Cases are selected on the basis of “in-country selection missions” following submissions by the United Nations High Commissioner for Refugees’ (‘UNHCR’) regional office for Southern Latin America, based in Buenos Aires, Argentina.

Eligibility Criteria

In 2007, Paraguay signed a Memorandum of Understanding on Resettlement of Refugees with UNHCR (‘MOU’) (To see in Spanish) which established the criteria under which refugees may qualify for resettlement to Paraguay.

According to the MOU, the beneficiaries of the resettlement program are refugees under the terms of the 1951 Convention on the Status of Refugees and its 1967 Protocol and other regional instruments, in particular the Cartagena Declaration of 1984.

The refugees in need of resettlement should belong to one of these categories:

• need for legal and physical protection;
• Refugee survivors of violence and/or torture: their resettlement in Paraguay will, however, be subject to the availability of appropriate services;
• Women at risk;
• Children and adolescents;
• Refugees without prospects local integration in the first country of refuge.

Admissibility for Resettlement

There are no special criteria for admissibility. There are no special medical requirements for resettlement in Paraguay.

Family Reunification for Resettled Refugees

The MOU states that: “based on the principle of family unity, the Government of the

Republic of Paraguay will provide entry into national territory for family members of refugees resettled in accordance with current regulations.”

No specific law establishes a legal framework of family reunification in the context of resettlement. However, Article 2 of Paraguay’s General Law No. 1938-1902 on Refugees states that refugee status will apply, by extension, to the spouse or person with whom the refugee has an affective relationship, as well as descendants and ascendants in the first degree.

Sources: this information has been taken from the Paraguay country chapter in the UNHCR Resettlement Handbook.

Resettlement to Portugal

For more detailed information on resettlement to Portugal, a full country profile can be viewed here at Know Reset.

Portugal began the implementation of its resettlement programme in 2007. Portugal has an annual quota of 30 refugees each year. The United Nations High Commissioner for Refugees (UNHCR) submits cases to Portugal for a dossier selection. Portugal does not conduct in-country selection missions at present.

UNHCR forwards the resettlement submission to the Permanent Representation of Portugal in Geneva. The Permanent Representation then forwards the relevant documentation to the Immigration and Border Service within the Ministry of Interior, which, in accordance with the provisions of Law No. 27/2008 of 30 June, is the competent body to examine and review the resettlement submission.

The final decision is made by the Ministry of Interior, and is communicated to UNHCR via Portugal’s Permanent Representation in Geneva.

Resettled refugees in Portugal are granted either refugee status or subsidiary protection.

Eligibility Criteria

Under the Portuguese refugee resettlement eligibility criteria, voluntary repatriation and local integration should be explored prior to the submission of the resettlement case to the Immigration and Border Service within the Ministry of Interior to be considered for resettlement.

Priority is given to refugees in need of serious legal and physical protection, women at risk (with or without dependants under their care), survivors of violence and/or torture and unaccompanied minors.

Admissibility for Resettlement

A refugee maybe denied resettlement to Portugal if he meet the exclusion criteria as per Article 1F of the 1951 Geneva Convention; found to have a criminal background, or found to pose a threat to Portugal’s public order or international relations. Portugal does not require medical screening for refugees prior to their entry to the country.

Family Reunification for Resettled Refugees

In accordance with the provisions of Law no. 23/2007 of 04 July and Law No.27/2008 of 30 June, a refugee may apply upon arrival for the admission of a member of his/her family into Portugal.

A family member for the purposes of family reunification is:

1. A spouse, in circumstances where the person is married and the marriage is subsisting on the date of the application.
2. Children under the age of 18 years who remain single and
3. Refugees under 18 years of age may apply for the admission of his or her parents.

Other dependent members of the family may be granted permission to enter Portugal, for instance, unmarried or incapacitated adult children, or parents in cases where the applying refugee is over 18 years old. For these cases the dependency link must be demonstrated and the family members must have been listed in the original documentation submitted by UNHCR.

Sources: this information has been taken from the Portugal country chapter in the UNHCR Resettlement Handbook.

Resettlement to Romania

For more detailed information on resettlement to Romania, a full country profile can be viewed here at Know Reset.

Resettlement in Romania is governed by provisions contained in Law no. 122/2006 on Asylum in Romania which defines who is eligible for refugee status and provides the general framework for resettlement. Government Decision No. 1596/2008 on resettlement in Romania regulates the resettlement quota and the relevant administrative procedure for resettlement. (It expired at the end of 2010 and the Government of Romania is in the process of issuing another Government Decision to address future resettlement quotas and operations undertaken by Romania).  

The Romanian Immigration Office (RIO) is the main institution in charge of refugee resettlement in Romania. Its General Director also holds the position of the President of the Resettlement Committee, which has been established to determine the states where resettlement operations are to take place and the number of refugees in need of resettlement to Romania.  The Resettlement Committee is composed of representatives from the Ministry of Administration and Interior and the Ministry of Foreign Affairs. The RIO implements the decisions made by the resettlement committee after approval by the two other ministries.

According to Government Decision No. 1596/2008, selection missions to countries of asylum are considered the main method for selecting refugees to be resettled to Romania. However, dossier selection may be used if a selection mission to an asylum country cannot be organized, based on a decision of the General Director of the RIO.

Eligibility Criteria

In order to be considered for resettlement to Romania, an individual must meet the following requirements:

• He/she has been recognized as a refugee in accordance with Article 1A of the 1951 Geneva Refugee Convention and its Protocol by a State or by UNHCR;
• He/ she does not benefit from effective protection on the territory of the country of asylum;
• He/she does not have integration perspectives in the country of asylum;
• He/she does not have perspectives for voluntary repatriation to the country of origin under conditions of safety and dignity;
• He/she does not present a threat to public order, national security, health or public moral;
• He/she presents potential for integration in the Romanian society;
• He/she has expressly accepted to be resettled to Romania.

Family Reunification for Resettled Refugees

Resettled refugees may lodge an asylum application at the RIO office or its territorial branches in respect of their family members located outside the territory of Romania.

The Emergency Ordinance 194/2002, also known as “Aliens Law” in Romania, at Section 5, Article 46 (Long Term Visa granted for family reunification) stipulates:

• A sponsor in possession of a temporary stay permit, with the validity of one year, or of a permanent stay permit, or the beneficiary of the refugee status or subsidiary protection, can solicit family re-unification for:

1. husband/wife,*
2. minor unmarried children, belonging to the sponsor or to the wife/husband of the sponsor, including those adopted and in the effective care of the sponsor or of the wife/husband of the Sponsor.

• The Romanian Immigration Office can approve, if conditions required under the law are fulfilled, family reunification for other following categories:  

1. First grade relatives in ascending line for the sponsor or its wife/husband, in case they are in the impossibility of supporting themselves independently and they do not benefit of adequate family support in the country of origin.  
2. Adult unmarried children of the sponsor and of its/wife/husband, in case they cannot support themselves independently due to medical reasons.

• Unaccompanied minors, benefiting of the refugee status or of subsidiary protection, can solicit family reunification for:  

1. First grade relatives in ascending line or the legal guardian; or
2. When those do not exist or cannot be identified, any other relative of the minor.

*Romania does not recognise same-sex relationships/ marriages. Therefore there are no provisions for such couples in refugee- related laws.

Source: this information has been taken from the Romania country chapter in the UNHCR Resettlement Handbook.

Resettlement to Romania

For more detailed information on resettlement to Romania, a full country profile can be viewed here at Know Reset.

Resettlement in Romania is governed by provisions contained in Law no. 122/2006 on Asylum in Romania which defines who is eligible for refugee status and provides the general framework for resettlement. Government Decision No. 1596/2008 on resettlement in Romania regulates the resettlement quota and the relevant administrative procedure for resettlement. (It expired at the end of 2010 and the Government of Romania is in the process of issuing another Government Decision to address future resettlement quotas and operations undertaken by Romania).  

The Romanian Immigration Office (RIO) is the main institution in charge of refugee resettlement in Romania. Its General Director also holds the position of the President of the Resettlement Committee, which has been established to determine the states where resettlement operations are to take place and the number of refugees in need of resettlement to Romania.  The Resettlement Committee is composed of representatives from the Ministry of Administration and Interior and the Ministry of Foreign Affairs. The RIO implements the decisions made by the resettlement committee after approval by the two other ministries.

According to Government Decision No. 1596/2008, selection missions to countries of asylum are considered the main method for selecting refugees to be resettled to Romania. However, dossier selection may be used if a selection mission to an asylum country cannot be organized, based on a decision of the General Director of the RIO.

Eligibility Criteria

In order to be considered for resettlement to Romania, an individual must meet the following requirements:

• He/she has been recognized as a refugee in accordance with Article 1A of the 1951 Geneva Refugee Convention and its Protocol by a State or by UNHCR;
• He/ she does not benefit from effective protection on the territory of the country of asylum;
• He/she does not have integration perspectives in the country of asylum;
• He/she does not have perspectives for voluntary repatriation to the country of origin under conditions of safety and dignity;
• He/she does not present a threat to public order, national security, health or public moral;
• He/she presents potential for integration in the Romanian society;
• He/she has expressly accepted to be resettled to Romania.

Family Reunification for Resettled Refugees

Resettled refugees may lodge an asylum application at the RIO office or its territorial branches in respect of their family members located outside the territory of Romania.

The Emergency Ordinance 194/2002, also known as “Aliens Law” in Romania, at Section 5, Article 46 (Long Term Visa granted for family reunification) stipulates:

• A sponsor in possession of a temporary stay permit, with the validity of one year, or of a permanent stay permit, or the beneficiary of the refugee status or subsidiary protection, can solicit family re-unification for:

1. husband/wife,*
2. minor unmarried children, belonging to the sponsor or to the wife/husband of the sponsor, including those adopted and in the effective care of the sponsor or of the wife/husband of the Sponsor.

• The Romanian Immigration Office can approve, if conditions required under the law are fulfilled, family reunification for other following categories:  

1. First grade relatives in ascending line for the sponsor or its wife/husband, in case they are in the impossibility of supporting themselves independently and they do not benefit of adequate family support in the country of origin.  
2. Adult unmarried children of the sponsor and of its/wife/husband, in case they cannot support themselves independently due to medical reasons.

• Unaccompanied minors, benefiting of the refugee status or of subsidiary protection, can solicit family reunification for:  

1. First grade relatives in ascending line or the legal guardian; or
2. When those do not exist or cannot be identified, any other relative of the minor.

*Romania does not recognise same-sex relationships/ marriages. Therefore there are no provisions for such couples in refugee- related laws.

Source: this information has been taken from the Romania country chapter in the UNHCR Resettlement Handbook.

Resettlement to Sweden

For more detailed information on resettlement to Sweden, a full country profile can be viewed here at Know Reset.

Sweden has a resettlement quota for refugees. The Swedish Migration Board is responsible for the selection and transfer of quota refugees to Sweden. The International Organization for Migration (IOM)handles practical matters such as transportation and transit assistance.

Selections are made, in principle, on the basis of investigations carried out by the Migration Board itself (selection by delegation). If this is not possible, selections might be made on the basis of the findings of a Swedish authority abroad, the United Nations High Commissioner for Refugees (UNHCR), or other suitable organisations (dossier selection).

Eligibility Criteria

To qualify for resettlement in Sweden, the person must belong to one of these categories as defined by the 1989 Aliens Act:

• have a well founded fear of persecution within the meaning of the 1951 Convention Relating to the Status of Refugees (hereafter ‘1951 Convention’); or
• be in need of protection because:

1- they risk execution, corporal punishment, torture, inhumane or degrading treatment or punishment;

2- they are escaping armed conflict or environmental disaster; or

3- they risk persecution due to gender-related reasons or on grounds of homosexuality.

• persons who have not yet crossed the boundary of their country of nationality, thus not refugees in a formal sense (exceptional).

Family reunification cases are treated within the resettlement quota. Close family members can be included if they arrive at the same time or shortly after the person in need of protection.

Selection on medical grounds: is exceptional but not completely banned. Illness is not in itself considered an obstacle to the selection of persons to be resettled in Sweden. For the person to be selected on medical grounds, proper forms of treatment must be available in Sweden.

Admissibility for Resettlement

Refugees might be denied resettlement in Sweden for reasons of:

• exclusion: persons excluded under the exclusion clauses of the 1951 Convention are denied resettlement in Sweden;
• criminality, alcohol and drug consuming illnesses and reasons relating to public order;
• minor children without custodians if they do not have relatives in Sweden who are willing to receive the child and this otherwise correspond with the best interests of the child.

Family Reunification for Resettled Refugees

With regard to the rules of family reunification, the Swedish law does not make a difference between refugees in the sense of the 1951 Convention and other aliens residing in Sweden. Relatives to refugees under the 1951 Convention who have been granted residence permit can be granted costs for the travel to

Sweden under certain circumstances.

Residence permits may be considered for:

• aliens married to or cohabiting with a person domiciled in Sweden or who is a holder of a Swedish residence permit;
• any children of a parent living in Sweden or holding a Swedish residence permit provided that they are under 18, are unmarried, and have been living in their parent’s home.
• relatives outside the immediate circle of the nuclear family may be awarded residence permits only if they were members of the same household community as their kin in Sweden while in their country of habitual residence. They must also be able to demonstrate some form of mutual dependence making it difficult for them to live apart.

The Migration Board reviews applications and accompanying reports made and submitted by the Swedish embassy or Consulate in the applicant’s country of origin or habitual residence. Relatives already settled in Sweden may also submit reunification applications directly to the Migration Board if they can produce a power-of-attorney empowering them to act on behalf of the applicant. This second option is, however, not encouraged.

The Migration Board makes decisions on granting the residence permits and the travel allowances (if applicable) for the family members.

Sources: this information has been taken from official documents as well as the Sweden country chapter in the UNHCR Resettlement Handbook.

Resettlement to United Kingdom

Information prepared by: Katia Bianchini
Address: Centre for Applied Human Rights,
University of York, Law & Management Building, Freboys Lane York YO10
Email: Bianchini@mmg.mpg.de

Eligibility Criteria

For more detailed information on resettlement to the UK, a full country profile can be viewed here at Know Reset.

The UK has two programs for the resettlement of refugees: the Gateway Protection Programme and the Mandate Refugee Programme.

The Gateway Protection Programme is operated by the United Kingdom Border Agency (UKBA), which receives referrals from the United Nations High Commissioner for Refugees (UNHCR). The Programme allows up to 750 refugees every year to enter the UK for resettlement.

The applicant must be a Convention refugee, that is a refugee under the terms of the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (hereafter ‘1951 Convention’ and ‘1967 Protocol’).

In addition, the applicant’s liberty, safety, health, or other fundamental human rights must be at risk in the country where he/she has sought refuge; or, he/she must be facing  no possibility of long-term security in that country.

The Mandate Refugee Programme is applicable to mandate refugees only, that is individuals who have been granted refugee status by UNHCR. The application is made at UNHCR and, if it passes the first screening, is referred to UKBA for the final decision. The application can be made at the British embassy if there is no UNHCR office in the country of refuge. To qualify, the mandate refugee must satisfy two requirements:

• the UK must be the most appropriate country for resettlement: consideration is given to the refugee’s circumstances in the country of refuge, such as local integration prospects, living conditions, whether the refugee has any physical protection needs, and whether there are any close relatives in other countries.

• the refugee must have close ties to the UK: this is usually interpreted as having close family members, but also possible history such as periods spent in the UK as a student. Close family members are defined as the refugee’s spouse, children under the age of 18, parents and grandparents over the age of 65. Only in exceptional circumstances the following family members would meet the close-tie requirement: parent/grandparent under 65, adult son or daughter, sister, brother, aunt, uncle. The family members in the UK do not need to have been accepted as refugees, but must be settled or have limited leave in a category leading to settlement.

Family Reunification for Resettled Refugees

If the person is a recognised refugee or is benefiting from humanitarian protection in the UK, the family reunion programme allows him/her to be reunited with his/her family members (that is, those who were part of the family unit before he/she fled).

Only pre-existing families (the spouse, civil partner or unmarried/same-sex partner plus any children under 18 who formed part of the family unit at the time the sponsor fled to seek asylum) can apply to enter the UK. However, UKBA may allow family reunion for other family members if there are compassionate reasons why their case should be considered outside the Immigration Rules.

The application is made at the British embassy of the country where the family members are living.

Indefinite leave as the parent, grandparent or other dependent relative of a person present and settled in the UK.

Under the immigration rules a person can apply for indefinite leave to enter the UK at the British embassy of the country where he/she is residing if the following requirements are met:

is related to a person present and settled in the UK in one of the following ways:

1. mother or grandmother who is a widow aged 65 years or over; or
2. father or grandfather who is a widower aged 65 years or over; or
3. parents or grandparents travelling together of whom at least one is aged 65 or over; or
4. parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but does not have financial support; or
5. parent or grandparent under the age of 65 if living alone outside the UK in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the UK; or
6. the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the UK the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the UK;

and

• is financially wholly or mainly dependent on the relative in the UK; and

• will be accommodated and maintained adequately without recourse to public funds; and

• has no other close relatives in his own country for financial support.

It is not a requirement that the applicant has been granted refugee status.

Leave to enter or remain in the UK as the child of a parent, parents or a relative present and settled or being admitted for settlement in the UK.

Under the immigration rules a child can apply for indefinite leave to enter the UK at the British embassy of the country where is residing if the following requirements are met:

is to accompanying or joining a parent, parents or a relative in one of the following circumstances:

1. both parents are present and settled or are being admitted on the same occasion in the UK; or
2. one parent is present and settled in the UK and the other is being admitted on the same occasion for settlement; or
3. one parent is present and settled in the UK or being admitted on the same occasion for settlement and the other parent is dead; or
4. one parent is present and settled in the UK or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
5. one parent or a relative is present and settled in the UK or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care;

and

• is under the age of 18; and
• is not leading an independent life, is unmarried, and has not formed an independent family unit; and
• will be accommodated and maintained adequately without recourse to public funds.

Furthermore, it is not a requirement that the applicant has been granted refugee status.