3.4 | The Family Reunification DirectiveThe Family Reunification Directive 2003/86 allows non-EU citizens (called third-country nationals or TCNs) to reunite with their families in the European Union. Tip van LawbooksHieronder volgt een overzicht van de belangrijkste punten uit de Family Reunification Directive.1. Who Can Apply: A person (called the sponsor) must have a valid residence permit for at least one year in the EU to apply for family reunification. They don’t need to be a long-term resident.2. Who Can Join?: Unlike EU citizens who can bring a wider range of family members (like grandparents or adult children), non-EU citizens can only bring their spouse and minor children under article 4(1).3. Refusing Entry: Countries can refuse family reunification if there are concerns about public safety, health, or public order (article 6).4. Financial Requirements: The sponsor must be able to support themselves and their family without relying on government benefits aArticle 7). The Chakroun case clarified that social assistance means aid given to people who cannot support themselves, and a member state cannot reject an application simply because the sponsor's income is slightly below a set standard. The decision must consider the individual situation of each applicant.5. Family: The Directive primarily covers the immediate family (spouse and children) but includes families that are reconstituted through divorce and remarriage (article 4).6. Special Rules for Older Children: Member States can impose conditions on children over 12 who have lived apart from their family for some time. These conditions may include tests to see if they can integrate into the new country (e.g., language tests). Additionally, countries can require applications for family reunification for children to be submitted before they turn 15 (article 4(6)).7. Challenges and Human Rights: The European Parliament challenged some restrictions in the Directive, arguing they violated human rights (specifically the right to family life under article 8 of the European Convention on Human Rights, or ECHR). The Court ruled that the Directive did not inherently violate human rights but that member states must make sure each decision respects family life. This means they must carefully consider whether older children have ties to their home country and how well they might adapt to a new country.