Annexes to COM(2011)735 - GREEN PAPER on the right to family reunification of third-country nationals living in the EU (Directive 2003/86/EC)

Please note

This page contains a limited version of this dossier in the EU Monitor.

Annex: Family reunification in numbers

Total number of residence permits issued to third country nationals joining non-EU citizens (family reasons, compared to total number of residence permits issued to third country nationals (all reasons)

|| Family related first permits for TCNs joining non-EU citizens || Total first residence permits issued to TCNs, all reasons || Share of permits issued to TCNs joining non-EU citizens to total first permits issued to TCNs

COUNTRY/YEAR || 2008 || 2009 || 2010 || 2008 || 2009 || 2010 || 2008 || 2009 || 2010

Belgium || 7,333 || 8,596 || 9,997 || 46,201 || 58,939 || 67,653 || 15.9 || 14.6 || 14.8

Bulgaria || 1,480 || 1,482 || 1,725 || 3,933 || 4,385 || 4,051 || 37.6 || 33.8 || 42.6

Czech Republic || 9,712 || 8,281 || 13,398 || 61,350 || 27,539 || 34,653 || 15.8 || 30.1 || 38.7

Denmark || : || 1,410 || 1,490 || 31,655 || 30,255 || 28,576 || : || 4.7 || 5.2

Germany || 29,215 || 29,761 || 28,200 || 114,289 || 121,954 || 117,202 || 25.6 || 24.4 || 24.1

Estonia || : || : || : || 3,884 || 3,777 || 2,647 || : || : || :

Ireland || 456 || 568 || 300 || 28,926 || 25,509 || 22,235 || 1.6 || 2.2 || 1.3

Greece || 18,684 || 19,570 || 13,398 || 40,411 || 45,148 || 33,623 || 46.2 || 43.3 || 39.8

Spain || 103,640 || 82,521 || 89,905 || 399,827 || 290,813 || 257,918 || 25.9 || 28.4 || 34.9

France || 32,333 || 29,607 || 29,400 || 188,723 || 193,500 || 194,973 || 17.1 || 15.3 || 15.1

Italy || 60,134 || 70,904 || 160,200 || 550,226 || 506,833 || 589,988 || 10.9 || 14.0 || 27.2

Cyprus || 1 || 1 || 741 || 25,156 || 25,638 || 19,139 || 0.0 || 0.0 || 3.9

Latvia || 1,498 || 414 || 413 || 7,706 || 2,304 || 2,329 || 19.4 || 18.0 || 17.7

Lithuania || 641 || 764 || 691 || 5,298 || 2,659 || 1,861 || 12.1 || 28.7 || 37.1

Luxembourg || : || : || : || : || : || : || : || : || :

Hungary || 5,337 || 1,144 || 1,349 || 37,486 || 14,289 || 14,601 || 14.2 || 8.0 || 9.2

Malta || 172 || 61 || 30 || 4,989 || 3,682 || 2,763 || 3.4 || 1.7 || 1.1

Netherlands || : || : || : || 62,589 || 56,489 || 54,478 || : || : || :

Austria || 7,891 || 7,651 || 7,838 || 21,783 || 28,035 || 30,596 || 36.2 || 27.3 || 25.6

Poland || 8,805 || 8,549 || 598 || 40,907 || 33,427 || 101,574 || 21.5 || 25.6 || 0.6

Portugal || 17,087 || 11,036 || 11,967 || 63,715 || 46,324 || 37,010 || 26.8 || 23.8 || 32.3

Romania || 1,216 || 1,261 || 910 || 19,354 || 15,380 || 10,218 || 6.3 || 8.2 || 8.9

Slovenia || 0 || 2,110 || 2,231 || 29,215 || 15,759 || 7,537 || 0.0 || 13.4 || 29.6

Slovakia || 619 || 640 || 697 || 8,025 || 5,336 || 4,373 || 7.7 || 12.0 || 15.9

Finland || 4,915 || 4,304 || 4,302 || 21,873 || 18,034 || 19,210 || 22.5 || 23.9 || 22.4

Sweden || 35,050 || 36,325 || 25,358 || 84,144 || 91,337 || 74,931 || 41.7 || 39.8 || 33.8

United Kingdom || 106,538 || 96,341 || 103,187 || 633,170 || 671,324 || 732,208 || 16.8 || 14.4 || 14.1

EU above[21] || 452,757 || 423,301 || 508,325 || 2,534,835 || 2,338,669 || 2,466,347 || 17.9 || 18.1 || 20.6

Source of the data: Eurostat

Data from years before 2008 are not available as the data collection on residence permits was established by Regulation 862/2007, with 2008 as first reference year. Estonia and the Netherlands have not provided data on first permits issued to TCNs joining an non-EU citizens, as these data cannot be distinguisehd from other permits issued for family related reasons. Denmark did not provide data for 2008. Luxembourg did not provide any data for 2008-2010.

The relative low overall ratio of permits issued for family reasons as opposed to the other permits is due to the fact that this statistic only covers the Family reunification scenario, and does not include those third-country national family members who join EU nationals.

Number of first residence permits issued to third country nationals joining non-EU citizens for family related reasons, by type of family member.

REASON || Family reasons: Person joining a non EU citizen ||

COUNTRY/YEAR -2010 || Total || Spouse/partner joining a non EU citizen || Child joining a non EU citizen || Other family member joining a non EU citizen ||

Belgium || 9,997 || 4,157 || 5,831 || 9 ||

Bulgaria || 1,725 || : || : || : ||

Czech Republic || 13,398 || 4,547 || 7,626 || 1,225 ||

Denmark || 1,490 || 600 || 890 || 0 ||

Germany || 28,200 || 11,912 || 15,895 || 393 ||

Estonia || : || : || : || : ||

Ireland || 300 || 112 || 117 || 71 ||

Greece || 13,398 || 4,044 || 9,354 || 0 ||

Spain || 89,905 || 19,140 || 69,099 || 1,666 ||

France || 29,400 || : || : || : ||

Italy || 160,200 || 67,509 || 70,336 || 22,355 ||

Cyprus || 741 || : || : || : ||

Latvia || 413 || 254 || 78 || 81 ||

Lithuania || 691 || : || : || : ||

Luxembourg || : || : || : || : ||

Hungary || 1,349 || 0 || 794 || 555 ||

Malta || 30 || 2 || 21 || 7 ||

Netherlands || : || : || : || : ||

Austria || 7,838 || : || : || : ||

Poland || 598 || 291 || 286 || 21 ||

Portugal || 11,967 || 916 || 1,013 || 10,038 ||

Romania || 910 || 424 || 429 || 57 ||

Slovenia || 2,231 || : || : || : ||

Slovakia || 697 || 401 || 75 || 0 ||

Finland || 4,302 || 1,576 || 2,497 || 229 ||

Sweden || 25,358 || 18,223 || 6,938 || 197 ||

United Kingdom || 103,187 || : || : || : ||

[1]               Directive 2003/86 on the right to family reunification,. Hereinafter referred as "the Directive"

[2]               The situation of family reunification for EU citizens and their third-country national family members is covered by EU law through Directive 2004/38/EC. However, this Directive only covers cases where a Union citizen moves to, resides in or has resided in a Member State other than that of which he/she is a national and his/her third-country national family member joins or accompanies him/her.

[3]               Position paper – the Dutch standpoint on EU migration policy

[4]               This decrease is probably partly linked to recent policy changes in some Member States introducing stricter conditions. These policy changes claim to better manage large inflows of migrants but put in question the acknowledged right to family reunification as set out in the Directive which at present serves as a minimum legal guarantee throughout the EU.

[5]               EUROSTAT- Please see specific numbers in the annex; no data for Estonia, Luxembourg and Netherlands available.

[6]               http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0610:FIN:EN:PDF.

[7]               Notably, this consultation does not touch upon issues linked to Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

[8]               See recital 4 of the Directive.

[9]               COM(2010)573 final of 19.10.2010; see also the Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments, SEC(2011) 567 final of 6.5.2011.

[10]             In accordance with the travaux preparatoire the idea of this condition was that the right to family reunification would not be open to persons staying only temporarily without the possibility of renewal.

[11]             See page 5 of the report (COM 2008/610).

[12]             "Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation."

[13]             For more details see 4.3.4 of the report.

[14]             COM (2011) 455 final as adopted on 19/07/2011

[15]             C 540/03 para 100 and 101.

[16]             Minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (recast) COM (2009)0551 .)

[17]             ARGO, Project, an action programme on "Cooperation in the combat against abuse or misuse of EU administrative statutes" tackling also marriages of convenience among other things highlighted the need of the promotion of a common database and the need of a common approach how to deal with these "bogus marriages."

[18]             ECJ C-540/03

[19]             COM (2008) (610) p 11.

[20]             C-540/03; ECJ C-578/08.

[21]             EU total, excluding those Member States for which data are not available.