Brussels, 27/02/2003 (Agence Europe) - Following long negotiations, the JHA Council reached an unexpected political agreement on Thursday on family regrouping, but at the cost of making further cuts in the scope of the text. The directive sets out the criteria whereby citizens of third countries legally residing in a Member State can bring members of their family over. It also outlines the rights of the family members concerned. Specific criteria will apply to refugees.
Legally resident foreigners can bring their spouse, under-age children and the children of their spouse. Member States can demand that the foreign resident be legally resident in the country for a certain period of time before they are authorised to bring over members of their family, but this cannot exceed two years. If legislation already in force when the directive is adopted so permits, Member States can apply a waiting period of three years or more from the movement of making a request for regrouping and actually authorising it.
Many restrictions requested by certain Member States were accepted on Thursday. For example, on the request of Austria and Germany, Member States can restrict family regroupment rights for children to age fifteen rather than eighteen. Moreover, a Member State may refuse to allow the entry of children over the age of twelve who travel separately from their family if they do not meet "integration criteria". Germany would have preferred the legislation to allow this even when children arrive with their parents, but this was not agreed. On the request of the Netherlands, family regrouping can be refused for spouses under a certain age (up to 21 years of age, rather than 18 as originally foreseen) in order to combat forced marriages.
In theory, people who benefit from family regrouping legislation are entitled to education, access to employment and/or training. Germany and Austria wanted to be able to restrict access to employment in line with national legislation. This was agreed to, but with a maximum of twelve months for the period in which the person in question may work, given the employment situation.