Family reunification for beneficiaries of international protection (EMN Inform)
On the 20th Anniversary of the Family Reunification Directive, this Inform offers a thorough examination of family reunification practices and legislation for beneficiaries of international protection across EMN Member and Observer Countries. It specifically looks at the procedures in place for applying for family reunification and how these have evolved considering recent (since 2017) case law before the European Court of Justice (CJEU), and where relevant the European Court of Human Rights (ECHR).
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This EMN Inform on family reunification for beneficiaries of international protection looks specifically at:
- Overall submission, processing and examination of applications for family reunification;
- Documentation to be provided as part of the application;
- Family reunification with/for children coming of age.
Key points to note include:
- Submission of the application for family reunification varies across countries, including whether the sponsor or the family member can submit the application, the timeline for the examination of the application, and the modalities for its submission (e.g. in person or electronically).
- Proof of pre-existing family ties between the sponsor and the family member is the main type of documentary proof required for family reunification reporting countries, such as marriage or birth certificates. However, in instances where these documents are unavailable, alternative evidences can be provided. These can include interviews, DNA testing, or written declarations, in some cases photos or letters are also admitted.
- In some EMN Member Countries, pursuant to Article 12(1) of the Family Reunification Directive, if the application is submitted later than three months after the applicant was granted protection, there are additional requirements linked to adequate standards of accommodation, sickness insurance, and/or regular and sufficient financial resources. In Estonia, Luxembourg and Poland, this period is set at six months, while in Belgium, it is 12 months.
- When the parent sponsor lodges a family reunification application for a minor turning 18, some countries allow children to retain the right to family reunification if they come of age during the examination of their sponsoring parent’s asylum application, within a certain period of being granted protection status.
- Article 4(2)(b) of the Family Reunification Directive permits entry for dependent adult children unable to support themselves due to health reasons, subject to medical proof. Some countries exempt dependent adult children from reunification, while others assess on a case-by-case basis. Age thresholds and conditions for adult children vary across nations, with some specifying no clear age limits.
- The concept of a "real family relationship" is also evaluated in certain countries, with criteria such as living together considered. Variation applies again when defining a “real family relationship” depending on the country, with Austria deeming cohabitation crucial, while Belgium considers family contacts, ties, integration efforts, and length of stay when determining reunification eligibility if parents and children don't live together.
Please note that this Inform covers the timeframe 2017 to June 2023 with a view to updating and complementing earlier EMN studies and informs, as well as the recent ECRE report.
For further details, please read the Inform attached above.