Directive 2003/86 / EC (family reunification directive)
 Directive 2003/86 / EC |
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|---|---|
| Title: | Council Directive 2003/86 / EC of 22 September 2003 on the right to family reunification |
| Scope: | European Union , excluding Denmark , Ireland and the United Kingdom |
| Legal matter: | Immigration law |
| Basis: | EC Treaty , in particular Article 63 number 3 letter a |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| Come into effect: | October 3, 2003 |
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To be implemented in national law by: |
October 3, 2005 |
| Reference: | OJ L 251 of 3.10.2003, pp. 12-18 |
| Full text |
Consolidated version (not official) basic version |
| The regulation must have been implemented in national law. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Directive 2003/86 / EC on the right to family reunification , which does not apply to Denmark, Ireland and the United Kingdom, defines the right to family reunification. Nationals from non-EU countries who are legally resident in the EU are allowed to reunite their families in the EU country in which they are legally resident. This is intended to maintain the family community and facilitate integration . However, a spouse must only be permitted to enter and stay if the sponsor can prove that they have living space, health insurance and a steady and regular income. This is to prevent social assistance benefits from the Member State concerned being used.
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- Chapter 1 (Articles 1 to 3): The general provisions restrict the application of the Directive to applicants in possession of a residence permit issued by a Member State with a validity of at least one year and the reasonable prospect of obtaining a permanent right of residence. The directive expressly does not concern family members of EU citizens. Recruiters who have applied for protection on the basis of international obligations that have not yet been decided are also excluded from it.
- Chapter 2 (Article 4) regulates the personal scope of application, in that only members of the nuclear family (spouses and minor children of the immigrant or his / her spouse) have a legal right to family reunification. It is at the discretion of the Member States to allow additional family members to reunite.
- Chapter 3 (Article 5) regulates the application and review process.
- Chapter 4 (Articles 6 to 8) regulates the restrictions imposed by the member states. For example, refusals may be issued for reasons of public policy , public security or public health, and Member States may require the sponsor to have been lawfully resident on their territory for a period not exceeding two years before relatives join him . With the exception of refugees, Member States may require proof of housing, health insurance and regular fixed income from the sponsor. According to national regulations, integration measures may be required of the moving third-country nationals.
- Chapter 5 (Articles 9 to 12) contain special regulations for family reunification of refugees
- Chapter 6 (Articles 13 to 15) regulates the entry and residence of family members
- Chapter 7 (Articles 16 to 18) regulates sanctions and legal remedies, in particular in the event of misleading information, forged or falsified documents, the existence of a well-founded suspicion of deception or fictitious marriage , fictitious partnership or fictitious adoption, and if previously fulfilled conditions are no longer applicable. The family reunifier or his relatives are entitled to appeal against negative notices.
- Chapter 8 (Articles 19 to 22) Final Provisions
Web links
- Directive 2003/86 / EC (PDF)
Individual evidence
- ↑ Otmar Philipp: ECJ judgment on rejection of family reunification of non-EU citizens . Euractiv April 25, 2016, accessed November 6, 2017.
- ↑ Hans-Peter Welte: Family reunification and family reunification: Practical handbook on immigration law . Walhalla 2009, ISBN 978-3-8029-1047-0 , p. 15.
