Family reunification of third-country nationals: State of play of law and practice

The European Migration Network (EMN) has published a new study titled “Family reunification of third-country nationals in the EU: state of play of law and practice”. Family reunification has long been one of the main channels of legal migration to the EU, accounting for 26% of all first residence permits issued in 2023. It plays a crucial role in upholding the right to family life under international and EU law and supporting the integration of third-country nationals.

The legal framework

The EU’s framework for family reunification of third-country nationals is set out in Council Directive 2003/86/EC. Since its adoption, its implementation has been shaped by national legislative changes, key rulings by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR), and the digitalisation of migration procedures in EU Member States.

Who can sponsor and who can join

All 24 EMN Member Countries and Serbia allow third-country nationals with valid permits and refugees to act as sponsors. In most countries, people with subsidiary protection can also sponsor their families but usually face stricter rules. All responding countries allow spouses and children under 18 to reunite. Some countries also let adult children, parents, unmarried or same-sex partners, and other dependent or extended family members join, if certain conditions like health needs or humanitarian reasons are met.

Requirements and conditions

In EMN Member Countries and Serbia, sponsors must generally provide proof of suitable housing, health insurance, and financial stability. Minimum standards for housing vary by country. Exemptions or flexible rules may apply for groups such as refugees, unaccompanied minors, skilled workers, and older dependants. Seven countries require integration steps like civic or language courses, while 14 give refugees at least a three-month grace period before these requirements for family reunification apply.

Application processes and challenges

Procedures for lodging applications differ among respondent countries: applications may be made by the sponsor or the family member, either in person, by post, or online, often via diplomatic or consular missions. Required documents typically include a valid travel document and proof of family relationship, with alternatives such as interviews or DNA testing accepted if originals are unavailable. Applicants commonly face challenges such as lengthy processing times, high costs, limited consular access, and administrative burdens. To address these, EMN Member Countries and Serbia have adopted good practices, including digitalised systems, enhanced inter-agency coordination, travel assistance programmes, and priority channels for vulnerable groups.

Access to rights after arrival

Family members typically have the same rights as sponsors to access education, employment, vocational training, and healthcare. Targeted support—such as language lessons, civic integration courses, and diploma recognition—is frequently offered, especially to beneficiaries of international protection and their families. Autonomous residence permits are issued within five years of arrival, with 14 countries permitting earlier access to such residence permits in specific cases like widowhood, separation, or domestic violence. Practical challenges do persist, including bureaucratic barriers, registration delays, and difficulties integrating into society and the labour market, particularly affecting women and vulnerable groups.

Trends and outlook

Family reunification requirements in EMN Member Countries and Serbia have become more formalised, but practical access remains inconsistent due to varying eligibility, processes, costs, and waiting times. Current trends include streamlining reunification for skilled migrants—via digital applications and quicker labour market access—while imposing stricter rules for others, such as longer waits, narrower eligibility for extended family, and tougher documentation demands.

Full study can be found here.

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