Girish Mahajan (Editor)

Family reunification

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Family reunification is a recognized reason for immigration in many countries because of the presence of one or more family members in a certain country, therefore, enables the rest of the family to immigrate to that country as well.

Contents

Family reunification laws try to balance the right of a family to live together with the country's right to control immigration. A sub-case of family reunification is marriage migration, where one spouse immigrates to the country of the other spouse. Marriage migration can take place before marriage, in which case it falls under its own special category, or it can take place after marriage, in which case it falls under family reunification laws.

In recent years, there have been several cases of minors sent out on hazardous journeys in order to apply for political asylum status which, once granted, would enable the rest of the family to join them.

Family reunification in Europe

A major part of immigrants to Europe do so through family reunification laws. Many countries in Europe have passed laws in recent years to limit people's ability to do so.

  • Denmark - In the case of marriage, Danish law requires both spouses to be at least 23 1/2 years old. This is known as the 24 year rule. Additionally, the couple's connection to Denmark must be stronger than to the country of origin (meaning in practice that the spouse in Denmark must have resided there for 12 years), unless one spouse has lived in Denmark for more than 26 years or been a Danish citizens over 26 years (this exemption was recently suspended by a court ruling). The non-Danish spouse is required to pass the Danish A1 language exam within 6 months of receiving their residence visa. A collateral of 52.490,12 DKK is submitted by the Danish-spouse to support the non-Danish spouse during their residence, up to 60% of this collateral is returned on successful completion of subsequent Danish language tests (A1 and A2).
  • The Netherlands - In case of marriage, Dutch law requires the Dutch spouse to be at least 21 years old, and to earn a salary of at least 120% the minimum wage. The non-Dutch spouse is required to pass integration exams at the Dutch embassy in their home country, showing a basic mastery of Dutch. Where a law case would take years and thousands of euros, the EU-rules of free movement give right to family life immediately without costs more than that of an identity card. Therefore, some Dutch people move to Belgium or Germany for at least six months, in order to be governed by the EU family unification rules instead of the Dutch family unification rules. This has become known as the "Belgian Route" or "EU Route".
  • Germany - Since 2007, law requires each spouse to be at least 18 years old. The spouse living in Germany may not be dependent on social benefits and must possess adequate living space. The immigrating spouse needs to prove basic spoken and written knowledge of German language. The law applies to German and foreign citizens.
  • Norway - The sponsor must have an income of at least NOK 251,856 (US$37,000) pre-tax during 2014 and have earned at least NOK 246,136 in 2013 pre-tax. The reference person cannot have received social security benefits during the last 12 months. The income requirement must be proven to the Norwegian Directorate of Immigration every year.
  • UK - The Immigration Rules, under the Immigration Act 1971, were updated in 2012 to create a strict minimum income threshold for non-EU spouses and children to be given leave to remain in the UK. Since 2012, the applicant must meet the financial requirement of £18,600 per year if they’re applying only for themselves, £22,400 per year for themselves and one child, and £2,400 per year for each additional child. These rules were challenged in the courts, and in 2017 the Supreme Court found that while "the minimum income threshold is accepted in principle" they decided that the rules and guidance were defective and unlawful until amended to give more weight to the interests of the children involved, and that sources of funding other than the British spouse's income should be considered.

    • Family reunification in Canada

    Under the Immigration and Refugee Protection Act and associated Regulations, a Canadian citizen or permanent resident of Canada aged at least 18 is allowed, subject to certain conditions, to sponsor specific members of their immediate family for permanent residence in Canada.

    The eligible persons are the sponsor's spouse, common-law partner, or conjugal partner aged 16 and over, parents and grandparents, a dependent child of the sponsor, a child whom the sponsor intends to adopt, and orphaned brothers, sisters, nieces, or grandchildren under the age of 18 and who are not married or living in a common-law relationship. As an exception to the rules, if there are no eligible persons from the preceding list who may be sponsored and the sponsor has no relatives in Canada, the 'last-remaining family member' may be sponsored, but applications of this type are rare.

    Family reunification in the United States

    Family reunification in the United States is the most common legal basis for immigration to the United States, and it is governed by the terms of the Immigration and Nationality Act, as amended. Historically, the emphasis on family reunification in American immigration law began in that 1965 act by allotting 74% of all new immigrants allowed into the United States to family reunification visas. Those included, in descending preference, unmarried adult children of U.S. citizens (20%), spouses and unmarried children of permanent resident aliens (20%), married children of U.S. citizens (10%), and brothers and sisters of U.S. citizens over age 21 (24%).

    Citizens and permanent residents of the United States may sponsor relatives for immigration to the United States in a variety of ways. Citizens of any age may sponsor their spouses and their children, but only citizens who have reached the age of 21 may sponsor siblings and parents. (The Supreme Court decision United States v. Windsor ruled in 2013 that same-sex spouses must be treated the same as opposite-sex spouses.) Permanent residents may only sponsor spouses and unmarried children. In all cases, the sponsor must demonstrate the capacity to support their relative financially at 125% of the poverty level, and provide proof of the relationship. Immediate relatives of United States citizens (spouses, parents, and unmarried children under 21 years of age) are automatically eligible to immigrate upon approval of their application. All other people eligible to immigrate through a family member must wait for a place; a preference system governs the order at which these places become available. Citizens may only sponsor siblings, spouses, parents, and children. They cannot sponsor aunts, uncles, nieces, nephews, cousins, grandparents, or grandchildren, though in some cases such relations may enjoy derivative status.

    Immigration of parents

    Under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

    Under existing law, parents of United States citizens may be sponsored for immigration by their adult citizen children (those at least 21 years of age) under certain conditions. The child must demonstrate the financial ability to provide for the parents. In addition to this under current law and USCS policy individuals who entered illegally (EWI or Entry without Inspection) may not adjust in the country. However, leaving the United States triggers a ban on entering the U.S. If the parent was present in the U.S. for only between 180–364 days, the parent will receive a three-year ban. However, as is more common if the parent was present for 365 days or more, the parent will receive a ten-year ban on entering the United States. Unless the parent is willing to live out the ban outside the country, the parent may not regularize their status through the child. Parents who enter legally will not have to leave the U.S. to adjust their status unless they entered on K visas or entered on J visas and did not obtain a waiver for the foreign-stay period

    Having U.S.-citizen minor children has been mischaracterized as being beneficial in deportation proceedings: such benefits do not exist except in the very rare case of extreme and profound hardship on the child. The number of such hardship waivers is capped at 5000 per year. Federal appellate courts have upheld the refusal by the Immigration and Naturalization Service to stay the deportation of illegal immigrants merely on the grounds that they have U.S.-citizen, minor children.

    There are some 3.1 million United-States-citizen children with at least one illegal immigrant parent as of 2005. At least 13,000 American children had one or both parents deported in the years 2005-2007.

    References

    Family reunification Wikipedia
    (Text) CC BY-SA