---
title: "Family reunification in the EU: who can join you, the conditions and how long it takes"
url: https://immigrantset.com/guides/eu-family-reunification-guide/
published: 2026-11-06
updated: 2026-11-06
---

# Family reunification in the EU: who can join you, the conditions and how long it takes

> EU family reunification under Directive 2003/86/EC: who can sponsor, which relatives can join, income and housing conditions and the 9 month deadline.

- URL: https://immigrantset.com/guides/eu-family-reunification-guide/
- Section: Guides
- Countries: European Union
- Author: Sofia Müller, Professor of Immigration Law, International Migration Policy and Human Rights; Jessica Parker, Immigration Attorney, Family Immigration and Humanitarian Protection
- Published: 2026-11-06
- Last checked: 2026-11-06
- Topics: Family reunification, Directive 2003/86/EC, EU residence permit, spouse visa, refugees
- Cite as: Sofia Müller and Jessica Parker, "Family reunification in the EU: who can join you, the conditions and how long it takes", Immigrantset, November 6, 2026, https://immigrantset.com/guides/eu-family-reunification-guide/

**Short answer:** If you are a non-EU national living lawfully in an EU country with a residence permit valid for at least one year and reasonable prospects of permanent residence, EU law (Directive 2003/86/EC) gives you a right to bring your spouse and minor children to join you. Countries may require adequate housing, sickness insurance and stable resources, and some ask for integration measures. Authorities must decide within 9 months, and family members receive a first residence permit of at least one year. Refugees benefit from more favourable rules.

Being separated from your family is one of the hardest parts of migration. For non-EU nationals living in the European Union, there is a common legal framework that protects the right to be reunited: **Council Directive 2003/86/EC on the right to family reunification**. Each country applies it through its own national law, so procedures differ, but the core rights and limits are shared. This guide explains them in plain language: who can sponsor, which relatives can join, the conditions countries may set, how long decisions take, and what rights family members have once they arrive. It also covers the more favourable rules for refugees and how to respond if an application is refused.

## Who the directive covers

### The sponsor

The **sponsor** is the family member already living in the EU who applies for, or supports, the reunification. Under Article 3 of the directive, the sponsor must:

- be a **non-EU national** (a third-country national);
- live **lawfully** in an EU country that applies the directive;
- hold a **residence permit valid for at least one year**;
- have **reasonable prospects of obtaining permanent residence**.

The European Commission's guidance gives examples. An IT professional holding a one-year renewable work permit that can lead to permanent residence after five years is covered. An au pair with a non-renewable 24-month permit, or a seasonal worker with a nine-month permit, is not.

### Who is not covered

The directive does **not** apply to:

- family members of **EU citizens** (covered instead by the Free Movement Directive 2004/38/EC or national law);
- people who have applied for refugee status and are still awaiting a final decision;
- people with temporary protection or some forms of subsidiary protection, depending on the country;
- residents of **Denmark** and **Ireland**, which do not apply the directive.

## Which family members can join

### Members countries must admit

Countries **must** authorise entry and residence for the **nuclear family**:

- the sponsor's **spouse**;
- the **minor children** of the sponsor and the spouse, including adopted children;
- the minor children of the sponsor or of the spouse alone, including adopted children, where that parent has custody and the children are dependent on them.

Minor children must be below the age of majority in the country concerned and must not be married.

### Members countries may admit

Countries **may**, but are not obliged to, admit:

- **parents** of the sponsor or the spouse who are dependent on them and lack family support in the country of origin;
- **adult unmarried children** who cannot provide for themselves because of their state of health;
- **unmarried partners** in a duly attested stable long-term relationship, or registered partners.

### Limits countries can set

| Rule | What the directive allows |
|---|---|
| Polygamous marriages | Only one spouse can be admitted |
| Minimum age for spouses | Countries may require the sponsor and spouse to be a minimum age, up to 21, before the spouse can join |
| Children over 12 arriving separately | Countries with this rule at the time of adoption may check integration conditions |
| Children over 15 | Some countries may require applications to be made before age 15 |

## The material conditions

Under Article 7, countries **may** ask the sponsor to show:

| Condition | What it means in practice |
|---|---|
| Accommodation | Housing regarded as normal for a comparable family in the same region, meeting health and safety standards |
| Sickness insurance | Cover for the sponsor and family members for all risks normally covered for nationals |
| Stable and regular resources | Enough income to support the family without recourse to the social assistance system |

### How income is assessed

Countries usually set a reference amount, often linked to national minimum wages or pensions. The Court of Justice of the EU has limited how strict this can be. In the **Chakroun** judgment (Case C-578/08, 2010), the Court held that the income condition must be interpreted strictly, in light of the directive's aim of promoting family reunification, and that authorities must assess each application individually rather than refusing automatically below a fixed figure.

### Integration measures

Under Article 7(2), countries may require family members to comply with **integration measures**, such as language or civic orientation courses. The Commission's guidance says these should help integration, not act as a barrier, and must take account of individual circumstances such as age, illiteracy and disability.

## Waiting periods

Countries may require the sponsor to have lived lawfully in the country for up to **2 years** before the family can join. A country whose law already had a capacity-based waiting period when the directive was adopted may wait up to 3 years before issuing a permit.

## The procedure

## Step 1: Check which country's rules apply

Look up the immigration authority of the country where the sponsor lives. Each country implements the directive differently, with its own forms, fees and income levels.

## Step 2: Decide who applies and where

Depending on national law, the application is made by the sponsor in the EU country, or by the family member at the consulate abroad, or either.

## Step 3: Gather documents

Typical documents include marriage and birth certificates, passports, evidence of the sponsor's residence permit, housing evidence, income evidence and health insurance. Many countries require legalised or apostilled documents and certified translations.

## Step 4: Attend interviews if asked

Authorities can interview the sponsor and family members and carry out other checks where they suspect a marriage of convenience or fraud.

## Step 5: Receive the decision

Authorities must give written notice of the decision **as soon as possible, and at the latest within 9 months**. In exceptional, complex cases they may extend this deadline, but must explain why. Refusals must give reasons, and applicants have the right to challenge them in court.

## Rights after arrival

| Right | What the directive provides |
|---|---|
| First residence permit | At least **one year**, renewable |
| Duration link | Family permits generally do not go beyond the expiry of the sponsor's permit |
| Education | Same access as the sponsor |
| Work | Access to employment and self-employment, which countries may restrict for up to 12 months |
| Vocational training | Same access as the sponsor |
| Autonomous permit | After at most **5 years** of residence, the spouse or partner and children who have reached majority can get a permit independent of the sponsor |

In cases of widowhood, divorce, separation or death, and in particularly difficult circumstances such as domestic violence, countries must or may issue autonomous permits earlier, depending on the situation.

## Special rules for refugees

The directive gives **refugees** more favourable treatment:

- countries **may not** impose a minimum residence period before the family joins;
- if the application is made **within 3 months** of refugee status being granted, countries may not require the accommodation, sickness insurance and resources conditions;
- countries must consider other evidence of family ties when official documents are unavailable;
- the family members covered can be wider, for example including dependent relatives in some countries.

## Grounds for refusal or withdrawal

Applications can be refused, and permits withdrawn, where:

- the conditions are not met;
- the family member is a threat to public policy, public security or public health;
- the documents were false, or there was fraud;
- the marriage, partnership or adoption was entered into **only** to obtain residence (a marriage of convenience);
- the sponsor and family no longer live in a real marital or family relationship.

Authorities must take account of the **best interests of minor children** and must weigh the nature and solidity of family relationships, the length of residence, and family, cultural and social ties with the country of origin.

## Common mistakes to avoid

1. **Assuming one EU country's rules apply in another.** Income levels, fees and documents vary.
2. **Using the wrong legal framework.** Family members of EU citizens follow different rules.
3. **Unlegalised documents.** Check apostille and translation requirements early.
4. **Missing the 3 month window for refugees.** Applying later can bring back the material conditions.
5. **Not keeping evidence of the relationship.** Photos, communication records and proof of visits help where officials question the relationship.

## Getting help

Rules on family reunification are technical, and the stakes are high. Free help is often available from refugee councils, migrant support organisations and legal aid services in the country where the sponsor lives. For complex cases, such as missing documents, previous refusals or children who live with another parent, speak to a qualified immigration lawyer in that country.

## Documents commonly required

Each country sets its own list, but most applications include:

| Document | Purpose |
|---|---|
| Passports of all applicants | Identity and nationality |
| Sponsor's residence permit | Shows lawful residence and permit length |
| Marriage or partnership certificate | Proves the relationship |
| Birth certificates of children | Proves parentage |
| Custody documents and consent of the other parent | Where only one parent is moving a child |
| Employment contract, payslips, tax records | Proves stable and regular resources |
| Rental contract or property deed | Proves adequate accommodation |
| Health insurance policy | Proves sickness insurance |
| Integration certificates | Where national law requires language or civic tests |

Civil documents often need an **apostille** or consular legalisation, and translations by a sworn or certified translator. Start this early, because obtaining documents from abroad can take months.

## Children and custody

When a child is joining only one parent, authorities check that the parent living in the EU has **custody** and that the child is dependent on them. Where custody is shared, the consent of the other parent is usually needed. The **best interests of the child** must be a primary consideration in every decision, as required by the directive and the EU Charter of Fundamental Rights.

## How authorities assess genuine relationships

Countries may carry out checks where there are well founded grounds to suspect a **marriage of convenience**, fraud or a false adoption. They can interview the couple separately and compare answers. Checks must not be systematic for all applicants. Evidence that helps show a genuine relationship includes communication records over time, photos together, proof of visits and travel, and evidence that family members know about the relationship.

## Moving within the EU as a long-term resident

Non-EU nationals with **EU long-term resident** status under Directive 2003/109/EC can, under conditions, move to another EU country to work, study or live. Family members who already lived with them in the first country can usually join them in the second, under rules designed to make the move easier. This is separate from first-time family reunification and is worth exploring if your family plans may involve more than one EU country.

## A worked example

Karim, a national of a non-EU country, works in Spain on a renewable work permit valid for two years that can lead to long-term residence. His wife and their two children, aged 6 and 9, live abroad.

1. Karim is a qualifying sponsor: he holds a permit valid for at least one year with reasonable prospects of permanent residence.
2. His wife and children are nuclear family members, whom Spain must admit if the conditions are met.
3. Spain may ask him to show adequate accommodation, health insurance and stable resources, following Spanish rules.
4. Once a decision is made, which must be within 9 months, his family receives residence permits of at least one year.
5. His wife can work, subject to any national limit during the first 12 months.

## Challenging a refusal

The directive requires that refusals give **reasons** and that applicants can bring a **legal challenge**. National procedures vary: some countries have an administrative objection stage before a court appeal, and deadlines can be short, sometimes only a few weeks. Read the refusal letter carefully, note the deadline and the reasons, and gather any evidence that answers them. Where the refusal concerns income, the individual assessment required by the Chakroun judgment can be an important argument.

## EU family reunification at a glance

| Question | Answer |
|---|---|
| Legal basis | Council Directive 2003/86/EC |
| Countries not applying it | Denmark and Ireland |
| Sponsor | Non-EU national with a permit valid at least 1 year and prospects of permanent residence |
| Must be admitted | Spouse and minor children |
| May be admitted | Dependent parents, dependent adult children, unmarried partners |
| Possible conditions | Housing, sickness insurance, stable resources, integration measures |
| Maximum waiting period | Usually 2 years of residence |
| Decision deadline | 9 months |
| First permit for family | At least 1 year |
| Autonomous permit | After at most 5 years |

## Frequently asked questions

**Q: Does the Family Reunification Directive apply in every EU country?**

A: No. Denmark and Ireland do not apply Directive 2003/86/EC, and each participating country implements it in its own national law, so details such as income levels and waiting periods differ.

**Q: Does the directive apply to family members of EU citizens?**

A: No. Family members of EU citizens who move to another EU country are covered by the Free Movement Directive 2004/38/EC. Family members of citizens living in their own country are covered by national law.

**Q: How long do authorities have to decide?**

A: As soon as possible, and in any event within 9 months of the application. In exceptional, complex cases this can be extended, and the applicant must be told why.

**Q: Can my family members work once they arrive?**

A: Yes. Family members are entitled to access to employment and self-employment in the same way as the sponsor, although countries may limit labour market access during the first 12 months.

**Q: Do refugees have to meet the income and housing conditions?**

A: Countries may not require refugees to meet the housing, sickness insurance and resources conditions if the application is made within 3 months of refugee status being granted, and they cannot impose a minimum stay before the family joins.


## Sources

1. [Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (EUR-Lex)](https://eur-lex.europa.eu/eli/dir/2003/86/oj/eng)
2. [EUR-Lex: Family reunification, summary of Directive 2003/86/EC](https://eur-lex.europa.eu/EN/legal-content/summary/family-reunification.html)
3. [European Commission: Guidance for application of Directive 2003/86/EC, COM(2014) 210 final](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52014DC0210)
4. [European Commission: Report on the implementation of Directive 2003/86/EC, COM(2019) 162 final](https://data.consilium.europa.eu/doc/document/ST-8093-2019-INIT/en/pdf)
5. [Court of Justice of the EU: Chakroun, Case C-578/08 (4 March 2010)](https://curia.europa.eu/juris/liste.jsf?num=C-578/08)