Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 89Box 7. Family reunification in EU lawThe Council Directive 2003/86/EC of 22 September 2003 on theright to family reunification recognised such rights for the spouseof a third country national residing lawfully in a Member State,as well as for the minor, unmarried children, including adopted,of the non-national and of the spouse; and those of the non-nationalonly and those of the spouse only, including adopted. 203The Directive, furthermore, allows, but does not oblige, MemberStates to extend this right in their legislation to first-degreerelatives in the direct ascending line of the third country nationalor of the spouse, where they are dependent on themand do not enjoy proper family support in the country of origin.The same applies for adult unmarried children, wherethey are objectively unable to provide for their own needs onaccount of their state of health. 204States also may, but are not required to, apply the protectionof the Directive to the unmarried partner, being a thirdcountry national, with whom the primary migrant is in a dulyattested stable long-term relationship, or to a third countrynational who is bound to him or her by a registered partnership,and to the children of these partnerships, on the sameconditions as outlined above. 205In case of polygamous marriages, the Directive allows for thereunification with only one spouse, and the choice on whetherto admit the children of the other spouse is at discretion of theMember State. 206The same regime applies for family reunification when the primarymigrant is a refugee, except that in cases of refugeesthe State has no discretion to impose conditions for integrationon the entry of children over 12 years old. In addition, theState may authorise family reunification of refugees for a widerrange of family members than those listed in the Directive,if they are dependant on the refugee. 207It is notable that the scope of application of the Directive isconsiderably narrower than the definition of family as it has203 Article 4.1, Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification,EU, OJ L 251, 3.10.2003, p. 12–18 (EU Family Reunification Directive).204 Article 4.2, ibid.205 Article 4.3, ibid.206 Article 4.4, ibid.207 Article 10, ibid.