Family reunification of African refugees: Migrants and refugees in the EU can apply to reunite with their children and bring them to Europe if the children are minors.
What if the children reach maturity during the application process?
They can still be reunited with their parents, because what matters is the age they were when the application was filed.
When can the application for family reunification be dismissed?
An application for family reunification of a minor child may not be dismissed if the child has reached majority during the proceedings, the European Court of Justice (ECJ) ruled.
In its ruling on July 16th, the ECJ stated that the date which should be referred to in order to determine whether a ‘minor child’ is concerned is that of the submission of the application for entry and residence for the purposes of family reunification, and not the date at which a decision was given on that application.
The court referred to the directive on family reunification (2003/86), part of EU law, and said that the reunification of minors was of particular significance.
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The objective of the directive was “to promote family reunification and also to grant protection to third-country nationals, in particular minors.”
Who has a right to family Family reunification of African refugees?
The directive determines the conditions under which family reunification is granted. A migrant or refugee applying for reunification (called the ‘sponsor’) can apply to bring their spouse, minor children and the children of their spouse to the EU country in which they are residing in.
The unification with unmarried partners, adult children or dependent parents and grandparents, may be authorised by member states on an individual basis, according to the European Commission.
Some conditions may be imposed by EU states before allowing family reunification i.e by requiring proof of adequate accommodation and sufficient resources.
Foreigners are required by Member states to comply with integration measures before or after arrival.
The admission requirements for persons holding refugee status are usually “more favourable”, according to the European Commission.