Background:

In 2023, the Family Reunification Directive (2003/86/EC) celebrated its 20th anniversary. In those 20 years, the climate regarding migration and asylum has evolved and jurisprudence by the Court of Justice of the European Union (CJEU) and, where relevant, the European Court of Human Rights (ECtHR), has provided further legal precisions for the application of national policy and practice on family reunification. In this context, the EMN launched an ad hoc query to collect information for a new Inform on the topic of family reunification. 

The ad hoc query and subsequent Inform pay particular attention to the following key points: (i) the submission of the application for family reunification, (ii) documents and evidence to be submitted along with the application, (iii) family reunification with minor and dependent adult children.

Respondents

26 countries replied to the ad hoc query (including BE).

Findings:

• Regarding the submission process: 11 respondent countries indicated that the person granted protection status (i.e. the “sponsor”) must submit the application for family reunification. 11 other respondent countries indicated that it is the family member who – in principle – must submit the application. When the family member must submit the application, 8 respondents indicated that this is typically done as a visa application at the competent diplomatic mission, embassy, or consular office abroad. If the sponsor must submit the application, this can be done in person, online via an electronic platform, via post or via e-mail.

• Regarding the question of how to handle cases where official documentary proof cannot be submitted: EMN Member and Observer Countries stated that they fall back on requests for additional documents (in 16 countries); interviews with the sponsor/applicant (in 13 countries); DNA testing (in 12 countries) and/or written declaration/oath (in 3 countries) to prove family ties. 

• Regarding the question of whether children retain the right to family reunification even if they come of age during the examination of their sponsoring parent’s application, as long as the sponsoring parent submits the application for reunification within a certain period after being granted the protection status: 10 countries indicated that this was the case, while 7 countries indicated that the application for family reunification can only be lodged after a person has been granted refugee status, as the right to be reunited with family is only granted to recognised refugees. The attainment of majority during the administrative procedure was addressed in the decision taken in the C-133/19, C-136/19 and C-137/19 cases at the Court of Justice of the European Union.

• Regarding the question of whether dependent unmarried adult children may join their parents: 14 countries indicated that they allow this, while 8 countries indicated they do not.

For further information, please read the compilation of answers above.