Family reunification rights: Durable partners and extended family members

Would you like to reunite with your partner or with a member of your extended family in your EU country of residence or host state? While there are family reunification rights in these cases, they are limited and not automatic. Discover how the Withdrawal Agreement (WA) applies to you and your partner/family members.

Family reunification rights of durable partners

Durable partners of WA beneficiaries do not have automatic rights to family reunification but their reunification should be ‘facilitated’.

Their rights to family reunification also depend on whether the relationship existed at the end of the transition period (31 December 2020) and whether their application to have their residence and entry facilitated was made before or after that date. There is no right under the WA to be joined by a future partner.

The principle of non-discrimination is a key aspect of family reunification, in particular, on the basis of gender. Thus, both same-sex and opposite-sex durable partnerships are covered by the family reunification rights provisions of the WA.

1. Facilitating your partner’s residence before the end of transition

If a WA beneficiary was in a durable partnership before the end of transition and still is, and their partner’s residence in their EU country of residence was already facilitated, their partner will keep their right of residence if they continue to reside in that host state.

Similarly, if the partner made an application for facilitation and entry before the end of transition, and it is in the course of being facilitated after the end of transition, the partner will keep their rights to have their entry and residence facilitated under the WA.

2. Facilitating your partner’s residence after the end of transition

WA beneficiaries who were in a durable relationship at the end of the transition period and still are, but who did not yet apply for their partner to join them in the host state, also have some rights to bring in their partner to their EU country of residence or host state . This is not automatic: the entry and residence should be ‘facilitated’, and the partners will have to provide evidence of the relationship.

Assessing the durability of the partnership

Ensuring the unity of the family in a broad sense is an objective set out in Recital 6 of the Free Movement Directive, and any assessment of the durability of a relationship should be made considering this objective (see the European Commission’s Guidance Note on Citizens’ rights). The assessment should take into consideration the applicant’s relationship with the WA beneficiary and any other factors, such as financial or physical dependence.

Family reunification rights of extended family members

Extended or other family members include relatives who are not core family members but who are

• dependent, or

• members of the household of the WA beneficiary, or

• who have serious health problems requiring care.

There are almost no family reunification rights for these extended family members under the WA. The only exceptions are where they were either already living in the host state with the WA beneficiary or in the process of joining them before the end of the transition period (31 December 2020). These family members are thus only covered in the following cases:

1. They were already residing in the EU country of residence or host state at end of transition, regardless of how long they have been residing there, and as long as they continue to reside there. Their rights will be evidenced by the host state by the issuance of a residence card (see Article 10(2) in the WA).

2. They had already applied to join the WA beneficiary in the EU country of residence or host state before the end of the transition period but their application was outstanding at the end of transition. In the case of a positive decision on their application, they will be treated similarly to extended family members who already resided in the host state before the end of transition.

It is thus important to note that extended or other family members do not have any rights to join the WA beneficiary after the end of the transition period (31 December 2020) unless they had already made an application to join the WA beneficiary before the end of the transition period.

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.