On 25 August 2022, the Belgian administration recognised Mr Y as a refugee in Belgium. In September 2022, the lawyer for Ms X and her children submitted, via email and letter, an application for entry and residence for the purposes of family reunification on their behalf so that they could join Mr Y in Belgium. On 29 September 2022, the Immigration Office replied that, according to Belgian law, it was not possible to submit an application for entry and residence for the purpose of family reunification via email and invited Ms X and her children to contact the competent Belgian embassy.

On 9 November 2022, Ms X, Mr Y and their children brought an action against the Belgian State before the Brussels Court of First Instance to have their application for family reunification registered. In that regard, they argued that, given that it was not possible for Ms X and her children to travel to a competent Belgian diplomatic post, an application submitted to the Immigration Office should be accepted under EU law. That court asked the Court of Justice whether EU law precludes legislation such as the Belgian law at issue.

In today’s judgment, the Court notes, first, that it is essential that the Member States show the necessary flexibility to enable the persons concerned to be able to submit their application for family reunification in good time, by facilitating the submission of that application and by permitting, in particular, the use of remote means of communication.

As regards the particular situation of refugees, the Court adds that the absence of any flexibility on the part of the Member State concerned may make it impossible to comply with the time limits laid down. Consequently, the family reunification of the persons concerned could be subject to additional conditions which are more difficult to fulfil, contrary to the aim of the directive on the right to family reunification to pay special attention to the situation of refugees.

The Court finds that the requirement to appear in person when an application for reunification is submitted, without allowing for derogations from that requirement in order to take account of the specific situation in which the sponsor’s family members find themselves, results in the exercise of the right to family reunification becoming impossible in practice. Such a law, applied without the necessary flexibility, undermines the objective pursued by EU law and deprives it of its effectiveness.

In this regard, the Court points out that the procedure for applying for family reunification takes place in stages. Accordingly, the Member States may require the sponsor’s family members to appear in person at a later stage of that procedure, in order, in particular, to check family ties and the identity of the persons concerned, without it being necessary to impose, for the purposes of processing the application for family reunification, the requirement for them to be there in person at the time when the application is submitted.

For further information, please read the press release from the Court of Justice and other documents related to this case.