|
The right to family reunification for immigrants |
|
|
For the past 20 years, family reunification has been one of the main reasons for immigration to the EU. Without it, family life is impossible for some immigrants. Reunification also helps to create socio-cultural stability, facilitating the integration of non-EU nationals within EU States, thus promoting economic and social cohesion – a fundamental EU objective. The right to family reunification, recognised throughout the EU  Before the family can be protected and family life established or preserved, the conditions for exercising the right to family reunification in the EU must be determined. And they must be common to all EU States. The Directive on the right to family reunification determines the conditions under which family reunification is granted, as well as the rights of the family members concerned. On the basis of this legislative instrument, legally residing non-EU nationals can bring their spouse, under-age children and the children of their spouse to the EU State in which they are residing. EU States may also authorise reunification with an unmarried partner, adult dependant children, or dependant older relatives. Once in the EU, eligible family members receive a residence permit and obtain access to education, employment and to vocational training on the same basis as other non-EU nationals. After a maximum of five years of residence, family members may apply for autonomous status if the family links still exist. Some restrictions The right to family reunification is also subject to respect for public order and public security. EU States may also choose to impose other conditions: they may require the non-EU national to have adequate accommodation, sufficient resources and health insurance, and may impose a qualifying period of no more than two years. Family reunification can also be refused for spouses who are under 21 years of age. Moreover, polygamy is not recognised – only one spouse can benefit from the right to family reunification. EU states may also ask foreigners to comply with integration measures. Penalties in the event of fraud or marriages of convenience are also foreseen. However, as made clear by the European Court of Justice (Case C-540/03), EU States must apply the Directive’s rules in a manner consistent with the protection of fundamental rights, notably regarding family life and the principle of the best interests of the child. A general debate on family reunification The first report on the implementation of the Directive, issued in October 2008, has shown a low impact, partly due to the degree of discretion given to EU States when setting certain requirements. Both the European Pact on Immigration and Asylum and the Stockholm Programme identified family reunification as an issue where EU policies should be further developed, with a particular focus on integration measures. In November 2011, a broad consultation on family reunification has been launched. Based on the results, the European Commission will decide whether any policy follow-up is necessary. |
|