Background:

The Office for Family Migration of the Directorate for Immigration within the French Ministry of the Interior has been tasked with putting forward proposals to modify the French legislation related to family reunification. Currently, this framework does not authorise the use of the “threat to public order” element to reject an application for family reunification, even when the third-country national sponsor legally residing in France holds a criminal record and has been convicted. The French authorities wish to know more about how these cases are handled in other EMN Member and Observer Countries.

Respondents:

25 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 25 respondents, only 1 country (EL) explicitly requires criminal records and other documents to prove that the third-country national sponsor is not a threat to public order when applying for family reunification. In EL, when a sponsor submits an application for family reunification, the authorities are obliged to immediately ask for the opinion of law enforcement authorities on issues related to public order and security.
   
• Most countries report that the “threat to public order” element is checked with regard to the applicants themselves, not the sponsor. Moreover, if the sponsor himself/herself is a threat to public order, it is assumed that his/her residence permit will be refused, withdrawn, or not renewed, in which case he/she would not be able to apply for family reunification anyway. This is the case in BE, for example.

For further details, please read the compilation of answers attached above.