The right to family life is a central tenet of European Human Rights Law. It is also a key premise for refugees' successful integration into a host society. It is difficult for refugees to rebuild their lives without the support of their families. For children (especially separated children) but also for refugees in general who have found safety and protection in Europe, one of the most pressing issues is concern for their family members left behind.
EU Rules
In September 2003, the EU adopted a Directive on the right of third country nationals legally staying in a Member State to family reunification. While the Directive is primarily an instrument of immigration policy, specific rules are established for refugees. In contrast, persons who have been granted subsidiary protection status are excluded from the right to family reunification under EU law. Furthermore, the narrow definition of family set out in the Directive risks excluding adult children and elderly parents, as well as dependent relatives, from being reunited with other family members.
ECRE's position
Family reunification should take place with the least possible delay. ECRE considers that any obstruction in unifying separated families is inhumane, especially in cases where children are involved.
The right to family reunification should not be limited to persons who are recognised as refugees in accordance with the 1951 Refugee Convention but should also be extended to persons granted protection on other grounds.
The possibility of reunification should not be limited to nuclear family members, but extended to inter alia adult children and dependent relatives both in the ascending and descending line.
All persons granted international protection should be exempted from meeting any eligibility requirements for family reunification relating to the length of residence, employment status and access to appropriate housing and independent income of the principal applicant.
The absence of documentary proof of relationships should not affect the credibility of the application for family reunification nor result in the application being considered fraudulent.
Refugees' family members should be given the option of having the same legal status as the principal applicant, as well as having access to the same socio-economic and other rights as the principal applicant.
