Suchergebnisse

Family reunification is guaranteed by both by EU and national legislation. Right to reunify with family members for 3rd countries citizens in EU is defined by directive 2003/86/EB. Family members are defined as a spouse and his/her under-age children. National law can also determine other family members depending on consequences that might arise due to family inability to reunify. Estimating settlement of EU and non-EU citizens in EU territory it can be noticed that for citizens of 3rd countries and their family members settling is more restricted due to requirements to meet more conditions. Citizens of 3rd countries that can apply for reunification are persons that have refugee status or have temporary or permanent residence permit in EU. A few problems was noticed analysing EU family reunification law. First is fictitiuos marriage in order to settle in EU territory not due to family relationships, but due to having residence permit in EU. Secondly, non-marital partnership and marriage of the citizens of the same sex regulation in EU members varies. Thirdly, for persons, having temporary or complementary protection, right to reunify with family is not guaranteed in all EU countries even if they receive rights similar to refugee status. Finally, there is a problem of requirement to live in EU member state for a certain period before reunification, because EU law transfer to national legislation varies from country to country and for example in Lithuania is even inaccurate.

Family reunification is guaranteed by both by EU and national legislation. Right to reunify with family members for 3rd countries citizens in EU is defined by directive 2003/86/EB. Family members are defined as a spouse and his/her under-age children. National law can also determine other family members depending on consequences that might arise due to family inability to reunify. Estimating settlement of EU and non-EU citizens in EU territory it can be noticed that for citizens of 3rd countries and their family members settling is more restricted due to requirements to meet more conditions. Citizens of 3rd countries that can apply for reunification are persons that have refugee status or have temporary or permanent residence permit in EU. A few problems was noticed analysing EU family reunification law. First is fictitiuos marriage in order to settle in EU territory not due to family relationships, but due to having residence permit in EU. Secondly, non-marital partnership and marriage of the citizens of the same sex regulation in EU members varies. Thirdly, for persons, having temporary or complementary protection, right to reunify with family is not guaranteed in all EU countries even if they receive rights similar to refugee status. Finally, there is a problem of requirement to live in EU member state for a certain period before reunification, because EU law transfer to national legislation varies from country to country and for example in Lithuania is even inaccurate.