A clear legal regime for family members of non EU citizens
4 Apr 2014 03:56 PM
Migrants' right to family reunification is
recognised throughout the EU. Common rules are in place on the conditions
under which family members of a non-EU citizen, legally resident in a Member
State, are allowed to enter and reside in the EU. Experience however
shows the need to ensure greater coherence in the implementation of these
rules.
That is why the Commission is presenting guidance for
the correct and meaningful application of the Family Reunification Directive
(2003/86/EC) across Member States while avoiding
possible abuses.
"The right to family life is a fundamental
right. Maintaining family ties is key to well-being and facilitates the
integration of migrants who have arrived in the EU. It is important for
happiness and well-being, and helps migrants integrating in
society”,
underlined Cecilia Malmström, Commissioner for
Home Affairs.
The
Communication follows up on a public consultation on family reunification of
third-country nationals which urged the Commission to take further action
towards achieving a more effective family reunification regime at EU
level.
The
communication addresses a wide range of issues that were identified during the
public consultation and in the implementation report of the
Directive.
The
right to family reunification must be genuinely applied according to the
rules of the Directive. While Member States retain a certain margin of
appreciation when applying some of the optional provisions of the Directive,
the guidelines will ensure that such discretion does not undermine the
individuals' rights. At the same time the right to family
reunification is not unlimited and guidelines allow for possible fraud and
abuse by applicants to be tackled effectively.
Altogether they provide for a more transparent and
clearer understanding of family reunification rules and common standards at EU
level, including on:
-
The
scope of the Directive (e.g. clarifying the definition and concepts applying
for the migrants who benefit from the EU rules);
-
The
submission and examination of the application (e.g. the requested evidence, the
length of the procedures);
-
The
requirements for the exercise of the right to family reunification (e.g.
accommodation, sickness insurance scheme, sufficient resources, integration
measures);
-
The
entry and residence of family members (e.g. long stay visas and residence
permits, access to employment);
-
The
situation of beneficiaries of international protection;
-
Overall principles related for instance to the
availability of information, the best interest of the child, abuse and fraud,
the right to legal challenge.
Background
The
right to family life is a fundamental right guaranteed by the EU Charter of
Fundamental Rights and the European Convention of Human Rights, and protected
by the highest courts in the EU.
Family reunification is a necessary way of making family
life possible and migrants have the right to have their close family members
join them if all the conditions of the Family Reunification Directive are
fulfilled. Being close to one’s family helps creating socio-cultural
stability, thereby facilitating the integration of migrants in Member States
and promoting economic and social cohesion. Family members also offer practical
support in the process of getting familiar with the new
country.
Non-EU citizens who are family members of legally
residing third-country nationals have the right to enter and reside in the EU
if the sponsor has resided "for one year or more" with
"reasonable prospects of obtaining the right of permanent residence".
Member States may require the fulfilment of other conditions such as sufficient
resources, adequate accommodation and sickness insurance, as well as
"integration measures".
In
2011 the Commission launched a public consultation on how to improve the
effectiveness of migrants' right to family reunification in the EU (Green Paper). More
than 120 replies were received
from NGOs, Member States, local and regional administrations,
international organisations, social partners and individuals. In 2012, the
Commission organised a public hearing which was attended by 230
representatives.
As
a result, the guidelines take into account the views expressed by the
stakeholders in the public consultation, together with case law of the Court of
Justice of the EU on the family reunification and other EU Directives, as well
as the EU Charter of Fundamental Rights.
In
2012, 364 929 family members joined a non-EU national in the 25 Member States
that apply the Family Reunification Directive (all EU countries, but Denmark,
Ireland and the United Kingdom). Of these there were 126 155 spouses or
partners and 180 395 children.
Useful Links
Communication on
guidance for application of the EU Directive on the right to family
reunification
Cecilia Malmström's website
Follow Commissioner Malmström on Twitter
DG
Home Affairs website
Follow DG Home Affairs on Twitter