EU Communication on guidance for application of the Family Reunification Directive

The Commission is presenting guidance for the correct and meaningful application of the Family Reunification Directive (2003/86/EC) across Member States while avoiding possible abuses.

Europea

Migrants' right to family reunification is recognised throughout the EU. Common rules are in place on the conditions under which family members of a non-EU citizen, legally resident in a Member State, are allowed to enter and reside in the EU. Experience however shows the need to ensure greater coherence in the implementation of these rules.

That is why the Commission is presenting guidance for the correct and meaningful application of the Family Reunification Directive (2003/86/EC) across Member States while avoiding possible abuses.

The Communication follows up on 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.

Altogether the 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;
  • The submission and examination of the application;
  • The requirements for the exercise of the right to family reunification;
  • The entry and residence of family members;
  • 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.

You can read the press release here.

The Communication can be consulted here and the report from the Commission on the application of the Family Reunification Directive here.

Comments on the Commission's new guidance by Professor Steve Peers can be found here.

Publication Date: Fri 04 Apr 2014
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