Family unity provisions apply only to genuine family relationships and exclude forced marriages or partnerships created solely to gain entry or residence rights. The notion of family also covers families formed outside the country of origin, provided they were established before arrival to the EU (recital 19 Qualification Regulation (QR)). 

Family members of beneficiaries of international protection are generally at risk of persecution or serious harm due to their close relationship. When they do not qualify for international protection themselves, they should be allowed to apply for a residence permit. Such permits should be granted unless exclusion grounds, national security or public policy concerns apply. Once granted, these family members should enjoy the same rights as the beneficiary of international protection (recital 58 QR).

Family members include (Article 3(9) QR)

• the spouse of the beneficiary of international protection or their unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples comparably to married couples under its law relating to third-country nationals;
• the minor children of the couples referred to in the first point or of the beneficiary of international protection, on the condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law;
• the father, mother, or another adult responsible for the beneficiary of international protection, whether by law or by the practice of the Member State concerned, when the beneficiary is a minor and unmarried.

The residence permit issued for family members of beneficiaries of international protection should not extend beyond the validity of that of the sponsor (Article 23(2) QD).

The family reunification directive (2003/86/EC) specifically addresses the right to family reunification for third-country nationals, including those who have been granted international protection. It defines the family members eligible for reunification, typically including spouses, minor children, and, under certain conditions, dependent parents and adult children. Additionally, it sets out procedural requirements for family reunification applications, emphasising the need for timely and efficient processing (Article 4-5 of the family reunification directive).