Ad Hoc Query on family reunification of Syrian beneficiaries of international protection
This ad hoc query compares the existing legislation in EMN Member and Observer Countries regarding the granting of protection statuses to family members of beneficiaries of international protection, as well as recent changes in practices in light of the regime change in Syria.
Background:
Following the change of regime in Syria in December 2024 and the changes in the country’s security situation, the Finnish Immigration Service (Migri) has paused its decision-making on asylum applications from Syrians. Finland has also paused decision-making on residence permits of applicants for family reunification of Syrian nationality who, according to Finnish legislation, would be granted the same status as the sponsor living in Finland, i.e. refugee status or subsidiary protection.
The Finnish Immigration Service is considering whether to issue residence permits to Syrian family members without granting them protection status at the same time, even though they would be eligible for the same status as the sponsor. In this context, Finland would like to know existing practices and legislation in other EMN Member and Observer Countries.
Respondents:
21 EMN Member and Observer Countries (including BE) provided a public answer to this ad hoc query.
Findings:
A preliminary analysis of the results of the ad hoc query shows that:
- Out of the 21 responding countries, only 5 (BG, FI, NL, PT, SK) report granting family members the same protection status as that of the sponsor when making a positive decision on family reunification. In most countries, the family member receives a status that is dependent on that of the sponsor, but that is not the same as the protection status of the sponsor. This is also the case in BE, where family members do not automatically receive the same protection status as the sponsor, but rather receive an authorisation of temporary stay based on family reunification. They may introduce their own application for international protection upon arriving in BE, which is examined separately.
- Out of the 5 countries that grant family members the same protection status as that of the sponsor, only 1 (FI) has suspended decisions on family reunification for Syrian nationals in light of recent events in the country. In most other countries, the processing of applications for international protection from Syria has been suspended, but not for family reunification. In NL, which grants family members the same protection status as their sponsor, it is precisely because their status is based on their family reunification application and not on an individual application for international protection that the decision-making for family members of Syrian nationals has not been paused.
For further details, please read the compilation of answers attached above.