EMN Inform: Family reunification for beneficiaries of international protection (external website)

Executive summary:

In the context of the 20th anniversary of the adoption of the Family Reunification Directive (2003/86/ EC)1 and in light of recent Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) case-law, this inform examines the legislation and practice in European Migration Network (EMN) Member and Observer Countries on aspects of family reunification for beneficiaries of international protection.

• 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).
• EMN Member and Observer Countries require certain documents and evidence to be submitted with the application. Documents proving family ties are required in all countries. In the absence of official documentation, alternative means to establish family ties include requests for additional documents, interviews with the sponsor/applicant, DNA testing, and/or a written declaration/oath.
• 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.
• Several EMN Member Countries accept the date of submission of the application for family reunification to determine whether an unmarried child is a minor, rather than the date of the decision on that application