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04/29/2013

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Family Reunification
produced by the
European Migration Network
January 2008
This EMN Synthesis Report aims to summarise and compare, within a European perspective, thefindings from nine National Contact Points (
Austria
,
Estonia
,
Germany
,
Greece
,
Latvia
,
Romania
,
Sweden
,
Netherlands
and the
United Kingdom
) of the European Migration Network (EMN), on family reunification.In keeping with the EMN's objective, the purpose of this study was to improve the understandingof family reunification within the EU in order to support, in particular, policy-makers concernedwith any possible further development of this form of legal migration. It also, to the extentpossible, identifies incoherencies in the implementation of Directive 2003/86/EC on FamilyReunification. An overview of the available statistical data, given in more detail in each CountryStudy produced by the participating EMN National Contact Points (NCPs), is also presented.The EMN NCP Country Study reports upon which this Synthesis Report is based may beobtained directly from the EMN NCPs concerned themselves or by contacting Stephen DAVIES(Stephen.Davies@ec.europa.eu ).
 
EMN Synthesis Report: Family Reunification
 
2 of 56
CONTENTSDisclaimer and Explanatory Note4 Executive Summary5 1. INTRODUCTION8 
1.1 Context
 
2. METHODOLOGY10 
2.1 Definitions
 
3. DEVELOPMENT OF FAMILY REUNIFICATION POLICY SINCE 2002,INCLUDING TRANSPOSITION OF DIRECTIVE 2003/86/EC13 4. IMPLEMENTATION OF FAMILY REUNIFICATION POLICY,INCLUDING DIRECTIVE 2003/86/EC17 
4.1 Sponsor's Spouse (Article 4(1a))17 4.1.1 Reunification of third country national with their marriedthird country spouse17 
4.1.1.1 Polygamous Marriages (Article 4(4)
 
)
 
18  4.1.1.2 Entry of sponsor and spouse at same time(Article 5(3))
 
18  4.1.1.3 Documentary evidence of marriage (Article 5(2))
 
19 4.1.1.4 Prevention of marriages of convenience(Article 16(4))
 
20 4.1.1.5 Prevention of forced marriages (Article 4(5))
 
22 4.1.1.6 Material support requirement (Article 7(1)
 
)
 
22 4.1.1.7 Integration measures (Article 7(2))
 
23 4.1.1.8 Employment (Article 14(2))
 
24 4.1.1.9 Autonomous residence permit (Article 15)
 
4.1.2 Reunification of third country national with their unmarried(including same-sex) third country partner (Article 4(3))26 4.1.3 Reunification of EU Member State national with theirthird country spouse27 4.2 Sponsor's Child (Articles 4(1b-d))29 4.2.1 Procedural Approach29 4.2.2 DNA Testing31 4.2.3 Integration Measures (Article 4(1) last paragraph)32 4.2.4 Granting of autonomous right of residence (Article 15)32 
 
EMN Synthesis Report: Family Reunification
 
3 of 56
4.3 Other Dependants (Article 4(2a and b))33 4.4 Refugees (Articles 9 to 12 inclusive)35 4.4.1 Requirement for family relationship to predate entry (Article 9(2))35 4.4.2 Permitted dependants (Article 10)36 4.4.3 Derogation of material support requirement (Article 12)37 4.5 Inter-Member State experiences with implementation of EU legislation38 
5. SIZE AND COMPOSITION OF FAMILY REUNIFICATION
 
5.1 Family reunification statistics in the Member States40 5.2 Comparative overview of family reunification43 Table 1: Overview of family reunification statistics for thereference year 200644 
6. CONCLUDING REMARKS
 
 Table 2: Indicative overview of whether the eight Member States, covered bythis study and which have transposed the Family Reunification Directive2003/86/EC, have incorporated also the optional "may" clauses47
 ANNEX: COUNCIL DIRECTIVE 2003/86/EC
 

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