Background:

In November 2023, EMN France launched an ad hoc query in the context of the French draft law “to control immigration and improve integration” that was being discussed in the French Parliament at that time. The proposal aimed to extend the period of legal residence required for applicant sponsors for family reunification before they can be joined by their family members. Therefore, the French Family Integration Service requested EMN Member and Observer Countries to answer several questions, mainly relating to Article 5.4 (period between application for family reunification and decision) and Article 8 (period of legal residence before being joined by family members) of Directive 2003/86/EC of 22 September 2003 on family reunification. 

Respondents:

23 EMN Member Countries answered this question (including BE).

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• 8 EMN Member Countries (AT, FI, HU, LV, LU, PT, SK, SE) indicated that they have no legal waiting period (a period of legal residence) that applicants must demonstrate in order to open the right to family reunification. The requirements in other EMN Member Countries vary. Some of these countries indicated that although they had – generally – no legal waiting period, there were exemptions to this general rule. In DE, for example, the general rule is that there is only a waiting period for the reunification of two spouses. However, with certain residence statuses and if the marriage preceded the sponsor’s entry into DE, the waiting period does not apply. In other countries, the principle is that a waiting period applies, but there are usually exceptions to this. In NL for example, the general rule is that a waiting period exists, but in practice, most sponsors with a temporary residence permit will still be exempt from a waiting period.
• The legal time limit for processing an application for family reunification varies between 30 days (SI and BG) and 9 months (BE, CY, FI, GR, HU, LU). Several EMN Member Countries also provide for the possibility of extending the legal deadline (BE, CY, EE, FI, GR, LV, NL). Only LT provides a shortened procedure (45 days) for urgent cases.
• The vast majority of EMN Member Countries that provide for a waiting period, indicated that the time it takes to process the application is not included in the calculation of this period. Only CZ and SI indicated that they include this period.

For more information, please read the compilation of responses attached above.