EC: resolution on family reunification
01 January 1991
EC: resolution on family reunification
actdoc September=1993
AD HOC GROUP IMMIGRATION
Copenhagen, 1 June 1993
[SN 2828/1/93 WGI 1497. REV 1]
Subject: Harmonization of national policies on family
reunification
At their meeting of 1 June 1993, Ministers agreed on the
following resolution on harmonization of national policies on
family reunification.
The Netherlands delegation has expressed a parliamentary scrutiny
reservation on this text.
ANNEX
HARMONIZATION OF NATIONAL POLICIES ON
FAMILY REUNIFICATION
1 Ministers of Member States of the European Communities
responsible for Immigration, meeting in Copenhagen on 1
June 1993, adopted the following Resolution on the
harmonization of national policies on family reunification.
2. This question was included as a priority item in the
programme for harmonization of immigration policies adopted
by Immigration Ministers and endorsed by the European
Council at the conclusion of the Netherlands Presidency in
December 1991, and work on it has continued during the
Portuguese, United Kingdom and Danish Presidencies.
3. The question of family reunification is already to some
extent governed by international Conventions to which some
or all of the Member States are parties, as well as by
basic provisions of their national laws. The obligations
flowing from these Conventions and from basic national laws
have been taken into account in the process of seeking
further harmonization between the Member States, which does
not affect those obligations.
4. on the other hand, there is also a need to control
migration flows into the territories of the Member States.
This is considered to be one of the factors for the
successful integration of immigrants who are lawfully
resident within the territories of Member States.
5. With these considerations in mind, Ministers resolved that
the national policies of Member States in respect of family
reunification for immigrants resident in their territories
should be governed by the principles set out below. They
agreed to have regard to these principles in any proposals
for the revision of national legislation. They further
agreed to seek to ensure by 1 January 1995 that their
national legislation is in conformity with them.
The principles are not legally binding on the Member States
and do not afford a ground of action by individuals.
6. The harmonization principles are confined at this stage to
family reunification in respect of persons who are not
nationals of a Member State but who are lawfully resident
within the territory of a Member State on a basis which
affords then an expectation of permanent or long-term
residence.
7. A number of Member States have different policies in
respect of the family members of their own nationals,
whilst others treat non-EC nationals settled in their
territories on the same basis as their own nationals for
the purpose of family reunification. This question is not
affected by the present Resolution.
8. Policy in respect of the admission to Member States of the
family members of nationals of Member States who are
exercising a right of free movement of persons is governed
by Community law. When the Agreement on the European
Economic Area comes into force, the position of family
members of nationals of EFTA States will be governed by
that Agreement.
9. Member States have separate policies and practices in
respect of other categories of resident non-EC nationals,
i.e. those who do not have an expectation of permanent or
long-term residence (notably persons who are granted
permission to work in a Member State for a fixed period,
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