The Family Reunification Directive 2003/86/EC : the way forward

Abstract

The dissertation deals with the Family Reunification Directive 2003/86/EC: the way forward. However, since national migration policies in the EU Member States are currently not harmonised, this dissertation aims to provide an insight into the Family Reunification Directives on resource requirements; a common phenomenon experienced by the TCNs during the period of the extension of their residence permit. The present dissertation will further examine the TCNs rights on resource requirements from an EU law perspective. In doing this, a comparative study on the national legislations on Malta and Netherlands is carried out to present a balanced view about how the resource requirements are applied in these two EU Member States. In the dissertation, the research question asks whether the Family Reunification Directive promotes and safeguards the interests of the TCNs in the EU Member States or whether the processes adopted by the States concerning the resource requirements in the regulation of TCNs permit are too vague or restrictive? More so, given the differences in the conditions and procedure adopted by the EU Member States on resource requirements, what are the measures needed to improve the Directive towards finding adequate resources requirements for TCNs? Presently, the dissertation will assess the Family Reunification Directive as transposed into national law by Malta and the Netherlands. The author will also explore other areas such as the case law, how national courts proceed on the subject, advocate opinions, and EU pronouncements, in addition to different relevant legal sources within Europe and internationally will also be examined throughout this dissertation. After the examination of the issues, the dissertation suggests that the need for the EU States to harmonise their policy on resource requirements for the TCNs is long but overdue. The author supports the urgent review of the Directive aimed at reducing the inconsistencies prevalent on resource requirements that are expected to be met by the TCNs in the EU States. The dissertation concludes that the 'restrictive approach' from the EU Member States about the TCNs resource requirements are untenable and suggests that some policy changes are needed to reduce the obstacles faced by the TCNs and their family members in the regularisation of their stay permit. The author suggests that more transparencies on the resource requirements are needed. Also, national authorities should endeavour to follow the EU Commission’s advice on this subject, which appealed for Member States to demonstrate kindness and appropriateness when it comes to the issues relating to TCNs and also about Family Reunification of thirdcountry nationals to the EU Member States.