Moving to the European Union to be with family is a dream for many. Unfortunately, it can feel like a maze of paperwork, laws, and requirements. Whether you’re a non-EU citizen joining a family member already living in the EU or an EU resident seeking to bring loved ones to your new home, the EU Family Reunification process offers pathways to make it possible.
In this blog, our expert lawyers will break down the rules, timelines, and benefits of family reunification, throughout various EU member states. From eligibility criteria to navigating the necessary documentation, we’ll guide you step by step to ensure a smooth, stress-free process.
So, are you ready to reunite your family in Europe? Let’s explore how to make it happen!
What is Family Reunification?
Family reunification is a legal process that enables non-EU citizens, residing lawfully within any EU member state, to bring members of their family to live with them. Family reunification is recognized as a fundamental right under EU immigration law. This ensures that families can stay together, when borders and immigration regulations would otherwise separate them.
The right to family reunification is protected under EU Directive 2003/86/EC for individuals with valid residence permits of at least one year. It applies to various family members, such as spouses, minor children, and, in certain cases, dependent relatives. This directive reflects the EU’s commitment to respecting family life, as outlined in the Charter of Fundamental Rights of the European Union.
By standardizing the rules among EU states, family reunification ensures consistent opportunities for immigrants to integrate socially and economically whilst maintaining family ties. However, each member state retains the discretion to implement the directive with national adaptations. This may include eligibility requirements, timelines, and supporting documentation. As a result, there is a diverse and somewhat complex framework for families seeking reunification, making guidance and legal support critical for navigating the process successfully.
Who Can Apply for Family Reunification?
Family reunification is open to non-EU nationals residing legally in an EU member state under certain conditions. The eligibility requirements encompass both sponsors (i.e. the individual initiating the application) and beneficiaries (i.e. the family members they seek to reunite with).
Sponsors: Who Can Initiate the Process?
Sponsors are non-EU citizens holding a valid residence permit in an EU country. To apply, they must meet the following criteria:
- Residency Duration: Sponsors need to have lived in the host country for a minimum period. This is often one to two years but varies depending on national legislation.
- Residence Permit Validity: Their permit must be valid for one year or longer at the time of the application.
- Stable Financial Resources: The sponsor must demonstrate sufficient income to support their family without relying on public assistance.
- Adequate Housing: Sponsors need to provide proof of suitable accommodation for the family members they wish to bring.
- Health Insurance: Comprehensive health coverage for the entire family is typically required.
Beneficiaries: Who Can Be Reunited?
The following family members are commonly eligible under EU family reunification rules:
- Spouses or Partners: The applicant’s legally married spouse or registered partner. Some countries may extend eligibility to de facto partners if they can provide evidence of a durable relationship.
- Children: Includes minor children (under 18), whether biological, adopted, or under the sponsor’s legal custody. They must not be married or independent.
- Dependent Relatives: In certain cases, dependent parents or grandparents may qualify, especially when they rely on the sponsor for care and financial support.
Eligibility varies from country to country. Some EU states impose stricter conditions or offering additional allowances. For example, some nations recognize same-sex partners, while others may not. Similarly, adult children or extended family members might be included depending on specific national laws.
The EU family reunification policies aim to strike a balance between upholding family rights and regulating immigration flows. As a result, successfully reunifying your family can be trickier for some than others. Read on to learn about family reunification in different EU member states.
Which European Countries Support Residency by Family Reunification?
Family reunification is a vital component of immigration policy across Europe, enabling families to live together when one member is already legally residing in a country. Here’s an overview of how some European countries handle family reunification residency:
Portugal
Portugal is known for its family-friendly reunification laws. Under its immigration policy, family members of residents or legal immigrants can apply for residency. Eligible relatives include spouses, dependent children, and financially dependent parents. The application process is relatively straightforward, with an appointment with the Immigration Authority, focusing on maintaining family unity. Applicants are required to prove financial stability, provide adequate housing, and submit the necessary documentation.
Spain
Spain follows European Union rules that let residents bring their family members to live with them. There are two sets of rules: one for EU citizens and another for non-EU citizens.
For EU citizens in Spain:
They can bring over any family member who depends on them, including their spouse’s dependents, without needing to meet specific housing standards.
For non-EU citizens in Spain:
They must have lived in Spain for at least one year and must have permission to stay for at least another year to bring over their children and spouse.
To bring over dependent parents, they need to have lived in Spain continuously for five years to get long-term residence status. They must show that their parents rely on them financially and have no other family or support options back home. They also need to provide criminal records and detailed housing reports.
These rules ensure that family reunification is managed properly, considering the resident’s ability to support their family members in Spain.
Italy
Italy supports family reunification under its immigration laws, allowing residents to bring spouses, children under 18, and dependent parents. Like Spain, proof of financial stability and adequate accommodation is required.
Italy has introduced as well a requirement for a 24 months lawful residence of the sponsor before you can apply for Family Reunification Visa.
If the family member has an Autonomous right (like a Visa waiver or a tourist Visa or other Visa) to enter Italy and is here in a lawful stay, they can Apply for Family Cohesion (without the 24 months requirement).
France
France has robust family reunification laws under its Code de l’entrée et du séjour des étrangers et du droit d’asile. Sponsors must have legally resided in France for at least 18 months and meet financial requirements. Eligible family members include spouses, minor children, and in some cases, dependent parents. The process also requires meeting specific housing conditions.
Greece
Greece implements family reunification laws under EU directives, with provisions for residents to sponsor immediate family members. The application requires proof of income, accommodation, and a long-term residence permit for the EU citizen. Eligible relatives include spouses and children. In specific cases, such as underage EU citizens, parents could also be eligible. The process reflects Greece’s emphasis on preserving family units while adhering to immigration laws.
Each country has unique procedures and eligibility criteria, but all aim to maintain family unity as a core value in their immigration policies. For a detailed guide on navigating family reunification in these countries, consult an immigration specialist.
Steps to Apply for Family Reunification in the EU
Applying for family reunification in the European Union involves several stages, requiring careful preparation and adherence to country-specific regulations. Below is a general guide to help you navigate the process:
1. Understand Eligibility Criteria
Before starting the application, ensure that both the sponsor and the applicant meet the eligibility requirements within the country they are applying. Generally, the sponsor must have a valid residence permit or citizenship and demonstrate financial stability, suitable housing, and, in some cases, health insurance.
2. Gather Necessary Documentation
Obtaining the correct documentation is critical for a successful application. Requirements vary by country, but the following documents are commonly needed:
- Valid passports for both the sponsor and the applicant(s)
- Residence permit or proof of legal status for the sponsor
- Proof of family relationship (e.g., marriage certificate, birth certificate)
- Evidence of sufficient financial resources (bank statements, employment contract)
- Proof of adequate housing (rental agreement or property deed)
- Health insurance coverage documents
- Criminal record clearance or similar certifications, if required
All documents must be translated into the host country’s official language, and be sure to have them legalized or apostilled if necessary.
3. Submit the Application
Applications are typically submitted to immigration authorities in the country where the sponsor resides. This might involve visiting a government office, such as the immigration bureau or local municipality, or applying online in countries with digital immigration services.
Some EU countries require the applicant to begin the process at their home country’s consulate or embassy, particularly if they are not currently in the EU.
4. Pay Application Fees
Most applications include a fee that varies by country and family member type. Fees generally cover administrative processing and may include additional costs for document legalization or translation.
5. Attend Interviews or Provide Biometrics
Applicants may be required to attend an interview to verify the authenticity of their relationship with the sponsor. Biometrics such as fingerprints and photographs might also be collected.
6. Wait for a Decision
Processing times vary, ranging from a few months to over a year, depending on the country and complexity of the case. During this time, immigration authorities will review the application and verify all submitted information.
7. Receive Residence Permits
Once approved, the applicant(s) will receive a residence permit or visa allowing them to join the sponsor in the EU. This permit often grants access to healthcare, education, and employment, depending on the country.
8. Register Locally Upon Arrival
After arriving in the EU country, family members may need to complete additional registration steps, such as obtaining a national ID card or registering with local authorities.
Navigating the family reunification process can be challenging, with complex paperwork and strict timelines. You can book a free consultation with Lexidy’s team of immigration lawyers where we will talk you through the steps involved in reuniting your family!
EU Family Reunification Checklist
A successful family reunification application requires thorough preparation. Below is a detailed checklist to help you ensure that all necessary steps are completed and requirements are met:
1. Eligibility Assessment
- Verify the sponsor meets the following:
- Holds valid residence or citizenship in an EU country.
- Demonstrates sufficient income or financial stability.
- Has adequate housing for the family members.
- Maintains health insurance coverage (if required).
- Confirm the applicant qualifies as an eligible family member, typically:
- Spouse or registered partner.
- Minor child (biological, adopted, or under legal guardianship).
- In some cases, dependent parents or other relatives.
2. Documentation
Ensure all documents are current, properly translated, and legalized/apostilled where necessary:
- For the sponsor:
- Residence permit or proof of citizenship.
- Proof of financial means (bank statements, employment contracts, or tax returns).
- Housing documents (rental agreement or property deed).
- For the applicant(s):
- Valid passport.
- Proof of family relationship (e.g., marriage certificate, birth certificate).
- Criminal background check (if required).
- Proof of health insurance coverage.
- Translations into the host country’s official language.
- Apostille or legalization of key documents.
3. Application Submission
- Identify where to submit the application:
- Immigration office in the EU country.
- Consulate or embassy in the applicant’s home country.
- Pay any applicable fees.
4. Additional Requirements
- Prepare for any mandatory interviews.
- Complete biometric data collection (fingerprints, photographs) as required.
5. Follow-Up and Processing
- Track the progress of the application with the relevant authorities.
- Respond promptly to any requests for additional information.
6. Post-Approval Steps
- Track the progress of the application with the relevant authorities.
- Respond promptly to any requests for additional information.
- Secure residence permits for all approved family members.
- Arrange travel to the EU country.
- Complete local registrations upon arrival (e.g., obtaining a national ID or registering with municipal authorities).
Tips for Success
- Keep multiple copies of all documents.
- Ensure translations are certified by an authorized translator.
- Be prepared for possible delays and maintain open communication with immigration officials.
By following this checklist, applicants can navigate the family reunification process with greater confidence and clarity. For personalized assistance, Lexidy’s legal experts are ready to guide you every step of the way.
Frequently Asked Questions About EU Family Reunification
What family members qualify for EU family reunification?
Eligible family members generally include spouses, registered partners, minor children (biological, adopted, or under legal guardianship), and in some cases, dependent parents. The exact eligibility depends on the country and specific legal requirements.
Can I apply for family reunification if I’m a non-EU national living in the EU?
Yes, non-EU nationals residing legally in the EU, such as those with a valid residence permit or long-term visa, can apply for family reunification. Eligibility requirements vary, but proof of financial means, housing, and health insurance is typically needed.
How long does the family reunification process typically take in the EU?
Processing times vary by country but usually range from a few months to over a year. Factors such as the completeness of the application, country-specific procedures, and the applicant’s home country can influence timelines.
Is there a minimum income requirement for sponsors applying for family reunification?
Yes, most EU countries require sponsors to meet a minimum income threshold to ensure they can support their family members without relying on public funds. The exact amount depends on the host country and the size of the family.
Can family members work or study during the reunification process?
In many cases, family members may be allowed to work or study once their residence permits are granted. However, specific rights can vary depending on the host country and the terms of the permit.
What happens if my family reunification application is denied?
If an application is denied, applicants can typically appeal the decision through the relevant legal channels in the host country. It’s important to understand the reasons for rejection and address any deficiencies in documentation or eligibility.
Ready to Unite Your Family in the EU?
Family reunification is a useful pathway for bringing loved ones together, offering security and stability to families in Europe. This process, guided by EU immigration law, ensures that individuals can reconnect with their closest family members. With clear steps, proper documentation, and adherence to local regulations, successful family reunification is achievable.
At Lexidy, we specialize in guiding individuals through complex processes like EU family reunification. From determining eligibility to preparing and submitting the required documentation, our expert legal team ensures a seamless and stress-free experience.
Fill out the form below to get started, and let us guide you through reuniting your family within the EU!
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