Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies provide for derivative refugee status for accompanying family members of recognized refugees?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Stateless persons
Analysis

According to Article 8 of the Law on Refugees of March 25, 2002, № 44, the Kyrgyz Republic recognizes and implements the principle of family unity, which means that family members of a person who has been granted refugee status also receive the right to the corresponding status. The law classifies as family members the spouse, minor children, and other relatives who are dependent on the refugee, provided that they reside together in the territory of the Kyrgyz Republic. This provision is aimed at protecting the integrity of families who find themselves in forced migration due to threats of persecution. 

The basis for granting refugee status to family members are circumstances that reasonably indicate a danger of persecution in their country of origin. These circumstances include persecution based on race, religion, nationality, political beliefs, membership in a particular social group, or threats related to armed or interethnic conflicts. If the head of the family is granted refugee status, this automatically applies to his/her spouse and minor children. In addition, the law provides for the possibility of granting such status to other relatives who are dependent on the refugee, provided that they live together. Thus, the legislation of the Kyrgyz Republic allows for the derivative status of refugee to be obtained not only by immediate family members, but also by dependents (Article 8 of the Law on Refugees). The legislation also guarantees the right to family reunification. If the spouse or minor children arrive in the Kyrgyz Republic separately from the refugee, they can apply for refugee status based on the principle of family reunification. In accordance with the Regulation on Work with Refugees approved by the Resolution of the Government of the Kyrgyz Republic dated 04 April 2003 № 188, such persons must provide evidence of the existence of family relations (for example, marriage or birth certificates), and also indicate in the application for refugee status that the main reason for their migration is family reunification. 

The principles enshrined in the legislation are consistent with international standards in the field of refugee protection, in particular the 1951 Refugee Convention. The Kyrgyz Republic recognizes the importance of maintaining family integrity and ensuring the protection of vulnerable categories of the population, which is confirmed by clear provisions on the extension of refugee status to family members. 

Based on the provisions of the legislation of the Kyrgyz Republic, domestic laws and policies provide derivative refugee status to family members of a person recognized as a refugee. This applies to the spouse, minor children, and other dependents, provided that they reside together in the territory of the Kyrgyz Republic. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 8 - Granting refugee status to members of a refugee’s family (Principle of family unity)

    If the head of the family has been granted refugee status in the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, then refugee status also extends to his (her) spouse and their minor children, as well as other persons dependent on him (her), provided that they live together. Minor children, spouse, and other persons dependent on him (her) have the right to be reunited with him (her) in the Kyrgyz Republic and to receive refugee status.