Given that efforts are being made to issue a common policy regarding immigration, there is discrepancy at the member states level with respect to observing the directive concerning family reunion since 2003. Starting from the definition of family, the waiting period and income conditions till the integration criteria imposed, the directive left a very wide interpretation margin, imposing just minimal standards. The need to modify this has been requested many times and to respect the child’s interest, to ensure access to an appeal and to debate the more favorable regime given to family members of refugees.

In 2011, the Commission once again brought for debate the dispositions of the directive to be amended, so as to gather opinions from public institutions and private entities from member states. Given this context, Romania sent a point of view regarding the questions posed by the Commission in the Green Card regarding family reunion.

Who can be a sponsor in case of family reunion?

The directive stipulates that the foreigner who has a valid residence permit for at least a year and who might get one can be a sponsor. This provision would allow the exclusion of every foreigner from the family reunion procedure. Furthermore, the directive specifies that the foreigner must reside for at least two years till requiring reunion.

According to the Romanian legislation, those who can ask for family reunion are: those who have residence permits valid for a year, highly qualified immigrants who possess the Blue Card, those who have long-term residence permits and those who are somehow protected. Thus, Romanian law is more permissive than European regulations, including even those who benefit from subsidiary protection. On the other hand, the sponsors must meet a series of requirements, unless they are refugees, such as: they have to possess the living space for a house considered normal for a similar family in Romania, they must have proof of paying social and health security and, first of all, they must prove they are related or married tot hat person, as well as providing the condition of living together.

Regarding the amendment of the directive, the Romanian state sustained relaxing the provisions for granting the foreigner the sponsor status, so as to facilitate the reunion procedure.

How do we define family?

According to the directive, family is made up of the husband or wife and underage children. Still, member states can impose some conditions such as: the wife should be at least 21 or children under the age 12 must meet some minimal integration conditions. The Commission sustains that these condition have been imposed to prevent forced marriages. Other family members or same sex partners may be included in the family reunion procedure if member states specify this.

Romania did not impose age restrictions, given that the right to marriage may be exerted since 15 in certain circumstances, or integration conditions for those below 12. The categories of people who are ideal for family reunion are: the husband/wife, the biological or adopted minors married or unmarried, if they are in the sponsor’s care, ascendents if they depend on the sponsor. There were situations in which foreigners with a residence permite in Romania were tutors for their brothers or had other people in their care who are not in the directive, for which reason the Romanian authorities have suggested regulating this aspect in the future.

Ex-ante integration?

Lots of member states imposed a series of conditions regarding integration to allow admission for family members, such as language and culture tests when going in the country or registering in an integration program when arriving in the country.

Such conditions regarding knowing the language and Romanian culture before coming in the country are not in the Romanian legislation, being considered almost impossible conditions to fulfil. Even integration programs after coming in the country are optional. Still, in the position they sent to the Commission, the Romanian authorities recognize the necessity of introducing foreigners in an integration program when they arrive in the country and facilitating the access to language courses. It remains to be seen if forcing foreigners to attend such courses and programmes will make them more integrated or will help them better integrate in Romanian society?

These were just some aspects up for debate. Other topics were preventing arranged marriages, the duration of granting a request which can take 9 months, taxes that need to be paid to fulfil the procedure and similar dispositions.

Consultations were over in March 2012 at a European level, but a consensus hasn’t been reached regarding the final form of amendments and no change of directive has been done. This can be because of the diversity of opinions, the different economic and social context at the level of member states. On the other hand, because of the fact that one of the main reason for immigrating to the EU is family reunion, some dispositions have to be clarified at a European level so as to respect the right to family life.

Bibliography:
• 2003/86/EC Directive
• Law 157/2011
• GEO 194/2002
• The Green Card regarding consultation on the right to family reunion of third country nationals who live in the EU
• Point of view sent by Romania at the public consultation: http://ec.europa.eu/dgs/home-affairs/what-is-new/public-consultation/2012/consulting_0023_en.htm