Protection of the family is a principle explicitly upheld by the German constitutional provisions, principle which is reinforced by the international legal framework. The Universal Declaration of Human Rights and the International Covenants of 1966 on Civil and Political Rights and on Economic and Social Rights recognise that the family is the natural and fundamental unit of society and is entitled to the fullest possible protection by society and the State.

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Protection of the family is a principle explicitly upheld by the German constitutional provisions, principle which is reinforced by the international legal framework. The Universal Declaration of Human Rights and the International Covenants of 1966 on Civil and Political Rights and on Economic and Social Rights recognise that the family is the natural and fundamental unit of society and is entitled to the fullest possible protection by society and the State. The International Convention on the protection of the rights of all migrant workers and members of their families, adopted by the General Assembly of the United Nations in December 1990, provides that States Parties shall take appropriate measures to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, according to applicable law, produces effects equivalent to marriage, as well as with their minor dependent unmarried children. The Convention on the Rights of the Child of 20 November 1989 requires States to ensure that the child is not separated from its parents.

Among European legal instruments relevant to family reunification, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 is especially important. Article 8 secures the right to respect for private and family life; Article 12 secures the right to marry and found a family. A Union citizen exercising the right to free movement may be accompanied or joined by his family (the terms for integration of the family in the host country are the sine qua non for the exercise of free movement in objective conditions of freedom and dignity). At its special meeting at Tampere on 15 and 16 October 1999, the European Council reiterated that the European Union must offer fair treatment to third-country nationals residing lawfully in the territory of its Member State. To attain this objective, the Commission considers it necessary to allow third-country nationals residing lawfully in the territory of the Member States to enjoy the right to family reunification, subject to certain conditions.. The exercise of this right is, however, subject to conditions, such as respect for public policy and public security, the availability of adequate accommodation and resources. Regarding accommodation, some Member States require a resident who wishes to receive his family to have adequate accommodation to house them in acceptable conditions. This conditions is fixed in different ways depending on the Member State. The resources criterion is also subject to divergent interpretations. Resources must be equivalent to the minimum wage in France, Portugal and Spain. They must be no less than the minimum social-security pension in Germany.

Family members can obtain a residence permit (Aufenthaltserlaubnis) if :

• the alien already living in Germany has a a residence permit (Aufenthaltserlaubnis) or a right of residence (Aufenthaltsberechtigung) him/herself ,
• the family would have enough living space (equivalent to social housing),
• the applicant can support his/her family with his/her income, or his/her own patrimony or other means.

Reunited family members will have the same access to jobs as the first family members.

A refugee can obtain a residence permit for his/her spouse and unmarried, under-age children .

Family reunification was the most controversial question in discussions about the new Immigration Law which is going through the German legislative process. There are no negative changes regarding the reunification of but the situation concerning children became more complicated. Highly qualified specialists, who are especially encouraged to immigrate, will have the right to bring their children up to age 18. In most other cases, if they do not enter the country with their parents, only children aged 12 and under will be allowed, and the family must show proof of sufficient income. For children over 12 years of age, exceptions may be made according to their "ability to integrate" (for example their knowledge of the German language).

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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