See: Family reunion Rankings
The best case
This is a composite of the best policy practices from the MIPEX normative framework of high European standards. Each of these practices was found, as of 1st March 2007, in at least one of the 28 countries.
Bringing families together can give a migrant a sense of social and cultural stability in community life that helps build stable diverse societies. After less than a year, she is eligible to sponsor her spouse, registered partner, minor or adult children and her dependent relatives, e.g. her grandmother. The procedure they must go through is fair, transparent, free and short; no extra conditions are imposed. A family member can renew her permit and stay as long as her sponsor. Her application can be rejected or permit withdrawn for two reasons: she is found guilty of fraud in trying to acquire it or poses a proven and major public policy or security threat. The right to an autonomous status and equal access as their sponsor to the many areas of life offers families opportunities to participate in their new country of residence.
The worst case
This is a composite of the worst policy practices that MIPEX found, as of 1st March 2007, in at least one of the 28 countries.
Bureaucratic conditions keep a migrant and his family apart, which can carry detrimental consequences for a migrant's sense of social and cultural belonging. He must wait two years or more to be eligible to sponsor only his spouse and his minor children, and only then under certain restrictions. He must go through a costly and long procedure and pass restrictiveemployment, income and housing conditions. He or his family members must undergo a mandatory integration course and pass a high-level test on the country's language and culture. Insecure in his status, a family member can have his application rejected or permit withdrawn on numerous grounds, without due consideration of his personal life and without any right to appeal. Adult family members are barred from education, training, healthcare, and housing, which undermines the equal treatment of men and women and the rights of the child.
OBSERVATIONS
The MIPEX 28 diverge most on the provisions that determine how long residents must wait to be eligible and which family members they can sponsor. Generally, migrants are not forced to take language or ‘integration' tests and courses to secure the right to live with their family. However, most sponsors must prove that they have a job or a certain income. Families are
partially secure in their status and have slightly favourable rights. If their application is refused or permit withdrawn, most have legal guarantees and avenues to appeal. Family members and their sponsors have equal access to take up jobs or further their education. |
MIPEX normative framework
- Tampere European Council Presidency Conclusions, 15 and 16 October 1999.
- EC Directive on the Right to Family Reunification, 2003/86 of 22 September 2003.
- Immigration Law Practitioners' Association and the Migration Policy Group, The Amsterdam Proposals: Proposed directive on long-term residents, (Brussels, 2000).
