Family reunification is an important right that can help refugees to restore normalcy in their lives. Family reunification in the protection context can also bring family members in potentially vulnerable circumstances to safety. In the EU, family reunification for non-EEA nationals, including refugees, is regulated by the Family Reunification Directive, which Ireland has not opted in to. In Ireland, provisions on family reunification for beneficiaries of international protection (‘recognised refugees’) are laid out in the International Protection Act 2015, while the non-EEA Family Reunification Policy covers applications that fall outside its scope (for example, family reunification for employment permit holders).
There has been significant debate in Ireland about the family reunification system in place for beneficiaries of international protection and other non-EEA nationals, with criticisms for example relating to the definition of ‘family’, challenges acquiring documents within given timeframes, and processing delays. Other countries have also reported challenges in this area, and it is useful to look at how other EMN Member and Observer countries manage their systems.
This EMN Ireland Migration Memo provides an overview of approaches to family reunification for beneficiaries of international protection by 25 responding EMN Member and Observer Countries.
Key Takeaways
• EMN countries have varying criteria for eligible family members for reunification. Many allow long-term or cohabiting partners to reunify, and many allow dependent adult children and dependent parents in some circumstances. Various approaches to submitting family reunification applications are taken in different countries.
• Almost all responding countries have defined time limits to issue decisions on applications, in line with the 9-month time limit under the Family Reunification Directive. Ireland is one of only two countries with no defined time limit.
• Proof of pre-existing family ties is verified across EMN countries by using official documentation, or alternatives such as photos and letters, information from asylum applications, interviews with sponsor/family members, DNA testing and written declarations/oaths.