ICMCEUROPE WelcometoEurope.pdf (5.89 MB)

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Chapter VII – Building a New Life in the Community
Rights, which recognises the obligation
to respect family life, and the 2003
Council Directive on the right to family
reunification of third country nationals,
which determines the conditions under
which family members from outside
the EU can come to reside in EU
member states. 37
While the Directive applies a general,
limiting definition of a ‘nuclear’ family, 38
it provides that Member States ‘may’
use an expanded definition in relation
to family members dependent on a
refugee (see Annex III). The Directive
establishes that those applying for
family reunification must evidence
adequate accommodation and
sickness insurance for themselves and
their family, and a stable and regular
income. Refugees can be exempt from
these requirements if they submit their
application for family reunion within
three months after refugee status is
granted. 39
The multitude of challenges faced by
resettled refugees in the period directly
after their arrival can make submitting
family reunification applications within
the three-month exemption period
challenging. Many reception and integration
programmes subsequently
include early provision of information
37 Council Directive 2003/86/EC of 22 September 2003
on the right to family reunification
38 Ibid. Article 4.
39 Council Directive 2003/86/EC of 22 September 2003
on the right to family reunification, Article 12
on family reunification. The legal
status granted to resettled refugees
can restrict family reunification - those
resettled to Germany for example,
are not granted formal refugee status
and so are unable to benefit from the
three-month exemption for family
reunification.
A 2008 report by the European
Commission found that some Member
States exceed the 2003 Directive’s
minimum standards, while others
have failed to adequately transpose
its requirements into their national
law. 40 Additionally, Member States
have extremely varied approaches to
defining ‘family’ for the purposes of
family reunification, as shown in the
table in Annex III.
5.2. Permanent residency &
citizenship
UNHCR’s definition of resettlement
requires that the status granted to
resettled refugees ‘ensures protection
against refoulement’, provides the
‘resettled refugee and his/her family
or dependants with access to rights
similar to those enjoyed by nationals’,
and carries with it ‘the opportunity to
eventually become a naturalised citizen
of the resettlement country’. 41
40 Report from the Commission to the European
Parliament and the Council of 8 October 2008 on
the application of Directive 2003/86/EC on the right
to family reunification
41 UNHCR Resettlement Handbook, 2011