On the 20th Anniversary of the Family Reunification Directive (2023/86/EC), the EMN inform analyses diverse approaches to family reunification for those under international protection. It offers detailed information on procedures in place in the EMN Member and Observer Countries, specifically when it comes to family reunification application procedures and developments since 2017.
The inform “Family reunification for beneficiaries of international protection” examines the overall process of family reunification, documentary evidence needed, and family reunification with children. It also addresses the different practices between minor and the specific case of dependent adult children. The inform focuses exclusively on family reunification for beneficiaries of international protection. It excludes beneficiaries of subsidiary protection from its scope, however, their situation was examined in the previous EMN Study on the topic and in a recent publication of ECRE (European Council on Refugees and Exiles). The inform covers the period from 2017 to June 2023.
Based on the inform, distinctions arise when considering the overall submission, processing and examination of applications for family reunification across EMN Member and Observer Countries, notably in eligibility criteria and application procedures.
Proof of pre-existing family ties between the sponsor and the family member, such as marriage or birth certificates, is the main type of documentary proof required for family reunification reporting countries. If these documents are unavailable, the inform provides an overview of the alternative evidences that can be provided. These can include interviews, DNA testing, or written declarations, in some cases photos or letters are also admitted. The inform also discusses conditions imposed by Article 12(1) of the Family Reunification Directive, related to suitable accommodation, sickness insurance, and financial stability.
The inform also looks at procedures in place for applying for family reunification in the EMN Member and Observer Countries and how these have evolved in light of the post-2017 case-law before the Court of Justice of the EU and the European Court of Human Rights.