Family reunification of third-country nationals: State of play of law and practice

This study provides an overview of legal and policy developments related to the implementation of the Family Reunification Directive since 2017. It examines the current state of national legislation, policies, and practices following two decades of the Directive’s application, incorporating relevant case law and highlighting both challenges and best practices. It also presents data on the scale and evolution of family reunification between 2017 and 2023 (and 2024 where available), drawing on both Eurostat and national sources.

The Family Reunification Directive was adopted on 22 September 2003, and it was the first EU legislation in the area of legal migration. Since 2017, when the last study on family reunification was published by the European Migration Network (EMN), EMN Member and Observer Countries have introduced several changes. These include legislative reforms aligned with EU case law, increased digitalisation, and targeted measures to support skilled migration and integration. This new EMN study takes stock of these developments, examining how legislation, policy, and practice have evolved across countries and identifying both persistent challenges and emerging solutions.

The main findings of the study can be summarised as follows:

  • Family reunification policies have evolved significantly since 2017, with many Member and Observer Countries aligning their national laws with European Union (EU) case law, introducing digitalised procedures, and embedding family reunification in broader migration and labour strategies.
     
  • EMN Member and Observer Countries have increasingly differentiated their approaches, facilitating family reunification for attracting certain categories such as skilled workers, while introducing stricter requirements for other groups, such as age thresholds, waiting periods, and proof of income.
     
  • Eligibility rules for sponsors and family members vary, with most countries permitting third-country nationals with valid permits to act as sponsors. Definitions of eligible family members range from nuclear to extended family, depending on factors such as dependency and humanitarian grounds.
     
  • Material and integration requirements remain key conditions for family reunification, although many countries apply exemptions or case-by-case flexibility for vulnerable groups such as beneficiaries of international protection (BIP), unaccompanied minors, and older adult dependents.
     
  • Application procedures differ between Member States, including who can submit the application and how (via consulates, in-person, or online). Required documents, when unavailable, may be substituted with alternative evidence such as interviews or DNA testing, witness statements and history records of the family.
     
  • Delays, high costs and administrative burdens persist, especially for applicants from conflict-affected regions. Good practices include digitalisation, priority processing for minors, and inter-agency coordination emerging as effective solutions.
     
  • Post-reunification access to rights such as education, employment, and healthcare is generally granted, often supplemented by tailored support like language training, diploma recognition, and vocational services, particularly for BIP.
     
  • Early access to long-term or autonomous residence varies, and delays risk dependency on the sponsor. Some countries provide conditions for earlier access in cases of domestic violence or widowhood and are exploring broader equal rights frameworks to enhance integration.

For full details, read the complete study above. For a shorter overview, consult the EMN Inform. For a quick, two-page summary, see the EMN Flash. If you wish to learn more about the state of play and current practices in Belgium, please read the Belgian contribution to the study.