Family Reunification as a Right under Community Law

• Published in: European journal of migration and law Vol. 8; no. 2; pp. 215 - 230
• Main Author: Groenendijk, Kees
• Format: Journal Article
• Language: English
• Published: The Netherlands Martinus Nijhoff 01-01-2006
• Subjects: Citizenship; European Union; Family; Immigration Policy; International Law; Migration; Residence
• ISSN: 1388-364X; 1571-8166; 1388-364X
• DOI: 10.1163/157181606777975003

This article looks at three relatively new sets of laws dealing with immigrant family reunification as a right under European Commission community law & their effect on European Union citizens who also can claim the nationality of a third country. This first set of rules expands the rights of family members, specifically those who hold the nationality of a third country (such as an Algerian wife of a French worker both living in Germany). Under this set of rules autonomous permanent residence rights are granted to family members after five years of lawful residence regardless of their nationality. The second set of rules applies to the family members of Turkish workers who may be granted permanent residence upon completing their secondary education in their host country. Finally, the third set of rules concerns the Directive on the right to family reunification adopted in 2003 & the two year period between 2003 & 2005 during which member states had the ability to implement the rules of the Directive in their national law. Now that this period has ended "individuals can rely on the directly applicable provisions of the Directive before the administrative bodies & the courts of the 22 member states. C. Goger