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Family reunification concerns cases where an individual residing in an EU Member State seeks to reunite with family members who remain in their country of origin.

Pursuant to Article 4 of the EU Family Reunification Directive, spouses and minor unmarried children are entitled to reunite with an eligible sponsor from a third country. Member States, however, retain the discretion to impose specific conditions, particularly concerning the financial resources available to the sponsor. Article 4, paragraph 5 of the Directive further allows Member States to establish a minimum age requirement for both the sponsor and their spouse before granting family reunification rights. Under Cypriot law, the minimum age for spouses eligible for family reunification is set at 21 years.

EU law does not differentiate between family relationships established before or after the sponsor’s lawful residence in the Member State. However, according to the jurisprudence of the European Court of Human Rights (ECtHR), Member States are not obligated to respect the choice of married couples to reside in a specific country, nor are they required to permit non-national spouses to settle within their territory. Nevertheless, if a Member State enacts legislation granting the right to family reunification to certain categories of migrants, such legislation must comply with the principle of non-discrimination as enshrined in Article 14 of the European Convention on Human Rights (ECHR).

The dissolution of a marriage or partnership, in itself, does not automatically result in the revocation of residence rights. Directive 2004/38/EC on the free movement of EU citizens provides for the retention of residence rights by third-country national family members in the event of divorce or annulment, provided that the marriage lasted at least three years, with a minimum of one year in the host Member State. Additionally, residence rights may be retained if there are children from the marriage who require the presence and care of both parents.

Article 6 of the Family Reunification Directive empowers Member States to revoke or refuse to renew a family member’s residence permit on grounds of public policy, public security, or public health. In making such decisions, the Member State must assess the seriousness and nature of any offense committed.

Our law firm provides expert legal guidance on family reunification under both EU and Cyprus law. We assist clients in navigating the complex legal requirements, ensuring compliance with all relevant regulations while safeguarding the rights and interests of sponsors and their family members.