Legal Definition of Family Reunification
Family reunification is a legal concept usually applied in French law. It allows beneficiaries to bring their relatives (spouses, minor children, and in some cases, parents and minor siblings) to France without prior conditions. This procedure thus provides a legal framework for reuniting families separated by situations of persecution or danger.
The management of family reunification is handled by French consular authorities, responsible for issuing the necessary long-stay visas for family members. The Ofpra (French Office for the Protection of Refugees and Stateless Persons) plays a crucial role in this process. This authority is responsible for verifying the authenticity of family ties and supporting documents for the application. It ensures the legitimacy of each case and the compliance of the procedures.
In practice, family reunification applies to refugees, beneficiaries of subsidiary protection, and stateless persons with a residence permit in France. This also includes unmarried minors holding these statuses. For this specific case, the procedure allows them to bring their parents and minor siblings to France. Before 2018, family reunification in France was limited to spouses, children, and, in some cases, the parents of a minor who was a refugee or a beneficiary of subsidiary protection. The 2018 reform expanded this right, as the procedure now also includes the siblings of a protected minor child.
Conditions for Family Reunification :
- Family ties must exist before the asylum or statelessness application.
- The ties must be declared to Ofpra during the initial application.
- The spouse or PACS partner must be at least 18 years old before the date of the protection application.
- Children must be unmarried and under 19 years old at the time of the application.
- Provide evidence of identity and family ties, or in the absence of civil status documents, provide evidence of recognized status by Ofpra.
Etymology of Family Reunification
Etymologically, the term “family reunification” comes from the combination of the Latin word “re-” meaning “again” and “unificare” meaning “to unite.” It thus refers to the reuniting of what has been separated. The word “familial,” on the other hand, derives from the Latin term “familia,” meaning “family.” In French law, family reunification thus refers to a legal process that allows refugees, beneficiaries of subsidiary protection, and stateless persons to maintain family unity.