Case summaries

The principle of effectiveness and the objectives of the Family Reunification Directive preclude domestic legislation that foresees the automatic issue of an entry and residence permit for family reunification on the sole ground that the time limit to decide on the application has expired without having established the substantial requirements for obtaining such a permit, e.g. family links.

The case concerned the conformity of integration requirements for residence permit applicants in Dutch law with Article 15 of Directive 2003/86, regarding autonomous residence permits. The CJEU held that it cannot be excluded that such a residence permit may be dependent on the successful completion of a civic integration examination on the language and society of that Member State. However, the connection of residence permits with integration frameworks cannot go beyond what is necessary for the objective of facilitating integration of third-country nationals.

An asylum applicant who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must still be regarded as a “minor” for the purposes of that provision.

The Family Reunification Directive does not make a distinction between whether a family relationship arose before or after the entry of the resident into the Member State. An application for family reunification may not be refused where the sponsor, the resident within EU territory, has proved that he has stable and regular resources which are sufficient to maintain himself and the members of his family, but who, given the level of his resources, will, nevertheless, be entitled to claim special assistance in order to meet exceptional, individually determined, essential living costs, tax refunds, or income-support measures.