Background information
In accordance with the qualification directive (2011/95/EU), (QD), family members of beneficiaries of international protection will normally be vulnerable to acts of persecution due to their relationship with the recognised beneficiary, which could be the basis for refugee status (recital 36 QD). In accordance with Article 2(j) QD, family members of the beneficiary of international protection include:
- 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 may have a shorter validity than that of the sponsor (Article 24(1) QD), but must be issued as soon as possible after international protection has been granted to the sponsor (Article 24(2) QD).
Additionally, Member States must ensure that family unity can be maintained, and thus, they must ensure that family members of the beneficiary of international protection, who do not individually qualify for such protection, are entitled to claim benefits granted to the beneficiary, including a residence permit (Article 23 QD).
The family reunification directive (2003/86/EC) (FRD) 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 FRD).
Information provision messages
Inform beneficiaries of international protection on the below.
- Family reunification as a fundamental right of beneficiaries of international protection.
- Their right to request a residence permit for their family members, including details on which family members are eligible for the procedure.
- The applicable interdependent relationship between the family members and the beneficiary of international protection.
- Their right to family reunification, including which family members are eligible for the procedure. Inform them about the main aspects related to the procedure, such as duration and costs.
- How and where to apply for a residence permit and information on the competent authority or a relevant contact point.
- Existing support services for obtaining a residence permit for family members or for family reunification, including counselling and assistance in submitting applications. Additionally, provide contact details of the stakeholders offering these support services.
- The general rights and obligations of family members of a beneficiary of international protection who receive a residence permit. Emphasise the dedicated rights and services available for persons with special needs and those in vulnerable situations.
Practical tips
- Use visual aids such as infographics, diagrams and videos to explain the process. This approach can help overcome language barriers and make information more accessible for beneficiaries and their family members who are illiterate or have a lower level of understanding.