A new EC Communication presents guidance for the correct application of the Family Reunification Directive (2003/86/EC)
The European Commission has today released a Communication presenting guidance for the correct application of the Family Reunification Directive (2003/86/EC) across EU Member States.
You can read the 29-page Communication here.
The purpose of the Family Reunification Directive is to determine the conditions under which third-country nationals residing lawfully on the territory of EU Member States may exercise the right to family reunification.
In a press release, the European Commission says the Communication issued today addresses a wide range of issues that were identified during 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 press release notes that the right to family reunification must be genuinely applied according to the rules of the Family Reunification Directive.
While Member States retain a certain margin of appreciation when applying some of the optional provisions of the Directive, today's guidelines aim to ensure that such discretion does not undermine the individuals' rights. At the same time the right to family reunification is not unlimited and the guidelines allow for possible fraud and abuse by applicants to be tackled effectively.
The European Commission says that today's guidelines 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.