EMN Inform: Family reunification for beneficiaries of international protection

19.04.2024

The inform highlights the overall process of family reunification, documentary evidence needed, and family reunification with or for children coming of age. It also addresses the different practices between minor and the specific case of dependent adult children.

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. This includes countries covered by the Family Reunification Directive and those not covered, including Ireland and the EMN Observer Countries who also took part in this inform (Norway and Serbia).

The inform analyses the documentary evidence required in EMN Member and Observer Countries. Proof of pre-existing family ties between the sponsor and the family member is the main type of documentary proof required for family reunification reporting countries, such as marriage or birth certificates. Variation also exists in the definition of eligible family members, however, in instances where these documents are unavailable, the inform provides an overview of the alternative evidences that can be provided.

Lastly, there is consideration for family reunification with or for children coming of age, aligning with recent CJEU judgments. The judgments emphasize using the application submission date, not the decision date, to determine a child’s minority status during reunification proceedings. Some countries allow family reunification for children turning of age during their parent’s application examination, with varying timeframes. Article 4(2)(b) of the Family Reunification Directive permits entry for dependent adult children unable to support themselves due to health reasons, subject to medical proof. Some countries exempt dependent adult children from reunification, while others assess on a case-by-case basis. Age thresholds and conditions for adult children vary across nations, with some specifying no clear age limits. The concept of a “real family relationship” is also evaluated in certain countries, with criteria such as living together considered.

Find the inform here!