One of the fundamental provisions guaranteeing the protection of families is the right to family life, a universal value that the State must protect and promote. Some migrants and asylum seekers, fleeing or voluntarily leaving their home countries, are separated from their families, not knowing when they will see them. The Directive on the right to family reunification states that the purpose of family reunification “is to enable family members of non-EU citizens who are legally residing in the territory of the EU to join them in the EU Member State in which they reside”. This article aims to examine the right to family reunification for migrants in the European legal context and to review the practice in Lithuania and the Netherlands.
Many migrants use family reunification because they often leave on their own, either to facilitate integration or, in the case of refugees, for other reasons, such as the need to make urgent decisions. People often migrate alone, hoping to settle in a new country before bringing their family members. Family reunification law allows immigrants to legally re-establish family ties and avoid dangerous ways of trying to reunite with their relatives.
Legal basis
Although family reunification is governed by various national laws and procedures, it is based on international law. In Council of Europe countries, the most important document is the European Convention on Human Rights. Although Article 8(1) does not explicitly guarantee the right to family reunification, it protects respect for private and family life.3 In order to invoke this article in family reunification cases, migrants have to prove that it is not possible to build a family life elsewhere, and that refusal to reunite would violate this right. Thus, this Article protects the right to cohabitation, but allows the State to regulate migration according to its national interests.
Although States have a margin of discretion and are not normally obliged to take into account the partners’ choice of residence and automatically allow family reunification on their territory, the European Court of Human Rights has clarified that Article 8 can have a significant impact in cases concerning family life and immigration. Based on these interpretations and the “Article 8 Guide”, the obligations of States depend on the specific circumstances of the case and the persons involved. When applying Article 8 in a family reunification case, the court looks at a number of criteria, including whether family life would be harmed if reunification were not granted, whether there are strong ties to the host country and whether the applicant has violated immigration rules.
The EU’s family reunification practice is governed by the 2003. September. A directive on the right to family reunification is adopted. To benefit from this right, a person must have a residence permit valid for at least one year and a realistic prospect of obtaining the right of permanent residence, according to criteria set by the state. Family reunification applications can be made by spouses, minor children, adopted children and, in exceptional cases, parents or adult children who are dependent on the applicant. The Directive also provides that the applicant must have adequate housing, health insurance and sufficient financial resources. Member States have the right to impose restrictions on family reunification on internal security grounds. In addition, the Directive aims to facilitate the integration of non-EU nationals in EU countries, as family reunification is considered to promote more successful integration and united families are better able to adapt to new communities. While these measures are certainly necessary, there are some limitations.
The issue of defining partners: policy and practice
Article 4(3) of the Directive establishes the right to family reunification for unmarried partners of third-country nationals in a formal long-term relationship. The transposition of this Article was not mandatory – it is up to the Member States to decide.
In Lithuania, only partners who are officially married or have entered into a civil union and have the relevant documents are entitled to family reunification. It is also necessary that the family ties started in the country of origin and not only after arrival in Lithuania. The narrow definition of family members has a significant impact on the rights and opportunities of third-country nationals seeking reunification in Lithuania. This restriction is particularly difficult for couples who, for cultural, legal or personal reasons, are unwilling or unable to formalise their relationship.
The Netherlands, Belgium and Sweden facilitate migrants seeking to reunite with their partners compared to Lithuania. The Netherlands not only recognises registered partners as having the same rights as spouses for the purposes of family reunification, but also allows unmarried partners in a stable long-term relationship to reunite. With a broader approach, these countries have developed a more humane and inclusive migration system, where partners are not encouraged to enter into marriages or registered partnerships in order to obtain the right to family reunification. In 2019, Lithuania had the highest number of married migrants whose spouses could not enter the country of all EU Member States. Lithuania’s legal framework, narrow definition of family members and strict family reunification policies can affect and complicate the reunification of migrants with their spouses and families. Separation can severely affect migrants’ mental well-being, as well as hindering their full participation in the labour market and community activities due to stress and feelings of loneliness. The right to family life is therefore a fundamental human right, and well-run family reunification processes promote better and faster integration and community development for migrants, especially women and children. These processes also stop people from looking for illegal ways to enter the country. While Lithuania has demonstrated its commitment to the implementation of Directive 2003/86/EC, it is important to review existing family reunification policies to ensure that they are effective and non-discriminatory. By improving this policy, Lithuania can significantly increase the integration of migrants into society and ensure the fundamental human right to family life.
The smooth and effective implementation of family reunification processes contributes to faster and more successful integration of immigrants, especially women and children, and to strengthening communities. They also help to avoid illegal entry routes. While Lithuania has committed itself to implementing the Directive, it is important to review and improve existing family reunification policies to ensure their effectiveness and non-discriminatory nature. By improving this policy, Lithuania can significantly strengthen the integration of migrants into society and ensure the fundamental right to family life.
Photo: Pexels I Emma Bauso
List of References
- European Convention on Human Rights (1950). Available online: http://prdechr.coe.int/documents/d/echr/Convention_ENG
- European Court of Human Rights (2018). Guide on Article 8 of the European
Convention on Human Rights. Available online: https://rm.coe.int/guide-onarticle-8-of-the-european-convention-on-human-rights/16808e67cb - Official Journal of the European Union. (2003). COUNCIL DIRECTIVE 2003/86/EC
22 September 2003 on the right to family reunification. Available online: https://eurlex.europa.eu/legal-content/LT/TXT/PDF/?uri=CELEX:32003L0086 - Finnish Institute for Health and Welfare. (2023). Family Reunification. Available via
Internet: https://thl.fi/en/topics/migration-and-cultural-diversity/integration-andinclusion/family-reunification - Law of the Republic of Lithuania on the legal status of foreigners. 2004. 2004-04-30,
Žin., Nr. 73-2539. Available via the Internet: https://eseimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.232378/asr - OECD. (2019). Family ties: How family reunification can impact migrant integration.
In International Migration Outlook 2019, OECD. Publishing: Paris. Available at:
Internet: https://www.oecd-ilibrary.org/docserver/ee76638den.pdf?expires=1721900285&id=id&accname=guest&checksum=59CD21792316D0
FC6DF0DBD7316892E8 - UNHCR (n.d.). Family Reunification. Available online:
https://www.unhcr.org/what-we-do/build-better-futures/long-termsolutions/complementary-pathways-admission-third - A guide to human rights. (n.d.). Family reunification. Available online:
https://www.zmogausteisiugidas.lt/temos/migracija-irprieglobstis/prieglobstis/prieglobscio-procedura/teigiamas-atsakymas/seimossusijungima
