The 2008 Commission report on the implementation of the Family Reunification Directive9providesevidence of huge disparities between Member States, reflecting a low level of harmonisation onconditions for family reunification across EU Member States. Various studies have also highlighted ashared tendency among Member States to restrict the scope of their family reunification policies byadding new conditions for applicants and family members.
With regards to equality in the duration of family member residence permits, MIPEX shows that permits are not as long and renewable as their sponsor’s in 9 Member states (Austria, Cyprus, Estonia, France, Germany, Hungary, Latvia, Netherlands, and Slovenia). MIPEX also reports serious delays and obstacles to obtain autonomous permits: “Only 6 of the Member States concerned (Belgium, Italy, Portugal, Slovenia, Spain, and Sweden) do so in all cases for spouses and children reaching the age of majority. In comparison, family members remain dependent on their sponsor for up to five years in 18 of the concerned Member States and face additional obstacles in 9 (Austria, Bulgaria, Cyprus, Finland, Lithuania, Luxembourg, Malta, Netherlands, and Slovakia). Other adult family members have no clear entitlement in a majority of the concerned Member States (14)." Moreover, the 2008 Commission report on the transposition of the Directive found that many States incorrectly transposed the provision on autonomous permits.
ECRE believes that all family members of beneficiaries of international protection should be granted the same legal status and have access to the same political, civil, social, economic, and cultural rights as the sponsor...
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