Ad Hoc Query on specifics of the procedure for family reunification
This ad hoc query shines light on the practices applicable in EMN Member Countries regarding applications for family reunification by third-country nationals and their family members who enjoy visa-free travel for short-stays in the EU, in the context of the implementation of the Family Reunification Directive (2003/86/EC).
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Background :
In Bulgaria, applications for family reunification can be submitted once the sponsor is granted a right to reside in Bulgaria. In practice, situations occur where the sponsor’s family members arrive in Bulgaria under a visa-free travel regime, for stays up to 90 days. Under current rules, these family members are required to exit the country again to complete the family reunification procedure. When the procedure is completed and a positive decision has been granted, these family members are able to come back again to Bulgaria for the purpose of family reunification. In this context, Bulgaria inquires how other EMN Member Countries deal with such cases, in the context of the implementation of the Family Reunification Directive (2003/89/EC).
Respondents :
23 EMN Member Countries (including BE) provided public answers to this ad hoc query.
Findings:
A preliminary analysis of the results of the ad hoc query shows that:
- Across EMN Member Countries, the family reunification procedures vary, stipulating that either the sponsor (the holder of a right to reside in an EMN Member Country) or the family member (of the sponsor) is expected to submit the application for family reunification. In NL, however, both the sponsor and the family member(s) can submit the application for family reunification.
- Some EMN Member Countries indicate that third-country nationals who enjoy visa-free travel to their country can apply for family reunification on their territory (e.g. AT, BE, HR, CY, EE, LV, SK).
- A few EMN Member Countries indicate that applications for family reunification by family members who enjoy visa-free travel to their country is only possible under exceptional circumstances (e.g. FR, LT, MT).
For further detailAPPs, please read the compilation of the answers attached above.