Please see entry for rejected applicant for international protection
An untruthful declaration of a relationship of parenthood which does not actually exist either (a) between a Minorwho is an EU citizen or settled third-country nationaland a third-country national adult, where the adult claims to be the parent in order to obtain or legalise their residence in a Member State, or (b) between a third-country national minor and a union citizenadult or a settled third-country national adult where the adult declares themselves parent of the minor in order to obtain or legalise the residence of the
and/or possibly the residence of the other parent.
Narrower Term: false declaration of paternity
Related Term: civil partnership of convenience, marriage of convenience, partnership of convenience
For more information on false declarations of parenthood, see EMN: Misuse of family reunification, 2012
Source: Developed by EMN
The entry into and residence in a Member State of a third-country nationalon the basis of the establishment of a family relationship either
Broader Term: family reunification
Related Term: chain migration, family migration, nuclear family, right to family life, right to family unity
1. This term is specific to some Member States, particularly BE, NL, SE. In UK, this relates to the formation of family between a UK national and a third-country national only.
2. In other Member States, family formation is covered under 'family reunification'.
Source:Developed by EMN
In the general migration context, a person either married to, or having a relationship legally recognised as equivalent to marriage, to a migrant, as well as their dependent children or other dependants who are recognised as members of the family by applicable legislation.
In the context of the Family Reunification Directive, a third-country national, as specified in Art. 4 of Directive 2003/86/EC (normally members of the nuclear family – i.e. the spouse and the minor children), who has entered the territory of the European Union for the purpose of family reunification.
In the context of the Free Movement Directive:
In the context of asylum, and in particular Regulation (EU) No 604/2013 (Dublin III Regulation), this means insofar as the family already existed in the country of origin, the following members of the applicant’s family who are present on the territory of the Member States:
Source: General: Derived by EMN from Art. 4 of UN Convention on the Protection of All Migrant Workers and Members of their Families
Family reunification: Recital 9 and Art. 4 of Council Directive 2003/86/EC (Family Reunification Directive)
Free movement: Art. 2(2) of Council Directive 2004/38/EC (Free Movement Directive)
Asylum: Art. 2 (g) of Regulation (EU) No 604/2013 (Dublin III Regulation)
In the global context, a general concept encompassing family reunification, family formation, and migration of an entire family at the same time.
In the EU context, a concept which refers explicitly to family reunificationand family formation.
Related Term: chain migration, family formation, family reunification, right to family unity
Source: Gobal context: Derived by EMN from the discussion of types of family migration in Chapter 6 of IOM World Migration Report 2008
EU context: Developed by EMN
The establishment of a family relationship which is either:
Synonym(s): family reunion
Narrower Term: family formation
Broader Term: right to family unity
Related Term: chain migration, family migration, nuclear family, right to family life
Art. 5(3) of Council Directive 2003/86/EC (Family Reunification Directive) also covers 'reunification' when a third-country national is already resident in the EU under different permissions (e.g. a residence permit for the purpose of remuneration or study).
Source:Part (a): Art. 2 (d) of Council Directive 2003/86/EC (Family Reunification Directive)
Part (b): Developed by EMN
Please see entry for family reunification
All procedures which involve the partial or total removal of the external genitalia or other injury to the female genital organs whether for cultural or any other non-medical reasons.
Synonym(s): FGM, female circumcision, cutting, circumcision
Related Term: gender-based persecution, gender.-specific violence, social group
1. FGM is recognized internationally as a violation of the human rights of women and girls. The practice also violates a person’s rights to health, security and physical integrity; the right to be free from torture and cruel, inhuman or degrading treatment; and the right to life when the procedure results in death. The practice of FGM is considered as a criminal act in all EU Member States .
2.The UNHCR's Guidance Notes of 2009 state that a girl or woman seeking asylum because she has been compelled to undergo, or is likely to be subjected to FGM may qualify for refugee status under the Geneva Convention of 1951. The UNHCR Guidelines consider FGM to be a form of gender-specific violence that inflicts severe mental and physical harm and amounts to persecution. For further information see UNHCR Guidance Note on Refugee Claims relating to Female Genital Mutilation, 2009.
3. Art. 10 of the Recast Qualification Directive (Directive 2011/95/EU) reiterates that female genital mutilation may be invoked as one of the five existing Convention grounds for persecution. Recital 30 of this Directive states that 'for the purposes of defining a particular social group, issues arising from an applicant’s gender, including gender identity and sexual orientation, which may be related to certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’s well-founded fear of persecution".
A decision on whether the third-country national or stateless person be granted refugee status or subsidiary protection status by virtue of Directive 2011/95/EU (Recast Qualification Directive) and which is no longer subject to a remedy within the framework of Chapter V of this Directive, irrespective of whether such remedy has the effect of allowing applicants to remain in the Member States concerned pending its outcome.
Please see entry for first country of asylum
A country in which an applicant for international protectionhas either (a) been recognised as a
and they can still avail themselves of that
; or (b) otherwise enjoys sufficient
, including benefiting from the principle of
, provided that they will be readmitted to that country.
Synonym(s): country of first asylum, first asylum principle
1. In applying the concept of 'first country of asylum' to the particular circumstances of an applicant, Member States may take into account Art. 38(1) of the Directive 2013/32/EU (Recast Asylum Procedures Directive) ('concept of safe third country').
2. In accordance with relevant legislation, an applicant shall be allowed to challenge the application of the first country of asylum concept in relation to their particular circumstances.
Please see entry for 5+5 Dialogue on Migration in the Western Mediterranean
A trans-Mediterranean forum set up as a security initiative to secure closer cooperation between five EU Member States and five Arab Maghreb countries through political dialogue and economic cooperation, and by encouraging more efficient management of resources as a means of enhancing regional interdependence and development.
Synonym(s): 5+5 Dialogue, Western Mediterranean Forum
Broader Term: Dialogue on Mediterranean Transit Migration, Euro-African Dialogue on Migration and Development , Global Approach to Migration and Mobility
1. The Western Mediterranean Forum, commonly referred to as the 5+5 Dialogue, was officially launched in Rome in 1990.
2. The forum involves ten partners (Algeria, Libya, Mauritania, Morocco, Tunisia, France, Italy, Malta, Portugal and Spain) and is facilitated by the IOM. Its areas of activity are information exchange, joint management of international borders, agreed forms of labour migration, migration for development, and protection of the rights of migrants in the Western Mediterranean region.
3. For more information see the website of the 5+5 Dialogue
Source:Website of the 5+5 Dialogue
All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered themselves voluntarily.
Synonym(s): compulsory labour, compulsory work
The union of two persons, at least one of whom has not given their full and free consent to the marriage.
A person subject to a migratory movement in which an element of coercion exists, including threats to life and livelihood, whether arising from natural or man-made causes (e.g. movements of refugees and internally displaced persons as well as people displaced by natural or environmental disasters, chemical or nuclear disasters, famine or development projects).
Narrower Term: displaced person , refugee
Broader Term: forced migration, migrant
Related Term: de facto refugee, economic migrant, forced migration
Source: Derived by EMN from IOM Glossary on Migration, 2nd ed. 2011
A migratory movement in which an element of coercion exists, including threats to life and livelihood, whether arising from natural or man-made causes (e.g. movements of refugees and internally displaced persons as well as people displaced by natural or environmental disasters, chemical or nuclear disasters, famine or development projects).
Narrower Term: displacement
Broader Term: Migration
Related Term: economic migration, forced migrant, managed migration
In the global context, obligatory returnof an individual to the country of origin, transit or third country (i.e. country of return), on the basis of an administrative or judicial act.
In the EU context, the process of going back – whether in voluntary or enforced compliance with an obligation to return– to:
Synonym(s): compulsory return , removal, refoulement
1. The term ‘forced return’ is not used at all in EU legislation.
2. Council Directive 2008/115/EC (Return Directive) which regulates the return of migrants whose stay has been found to be illegal refers to post-return decision return as ‘return’ (not ‘forced return’).
3. In the EU environment (e.g. in the metadata of Eurostat), ‘forced return’ is synonymous with ‘removal’ – i.e. the physical transportation out of the country following a return decision.
4. Outside of EU legislation the term ‘forced return’ is more commonly used and understood as a synonym with ‘compulsory return’ – i.e. return which occurs in compliance with a return decision.
Please see entry for migrant worker
Any travel or identity document:
Synonym(s): fraudulent travel document, fraudulent identity document, forged travel document, forged identity document, false travel document, false identity document
Related Term: travel document
Please see entry for intra-EU mobility
Please see entry for right to freedom of movement
In the EU context, a worker who is employed in the frontier zone of a Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals.
Related Term: border resident, cross-border worker, local border traffic
1. The definition covers in particular third-country nationals entering the EU from the neighbouring third-country in which they reside.
2. Contrary to 'cross-border workers', frontier workers work in the frontier zone of the neighbouring country.