In the case of EU nationals residing in France and requesting family reunion, the family members must simply request from the Prefecture of the areas of residence of the EU national a residency card of the same type and duration of the applicant.

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In case the applicant is not a EU national a request for family reunion must be presented to the representations of the Direction départementale de l'action sanitaire et sociale (D.D.A.S.S.) or in some areas directly to the office of the e Office des Migrations Internationales (OMI).

The Prefect is entitled to give the final decision both in the case of the applicant being a EU national an in the case s/he is not.

Family reunion is provided for the spouses of foreigners legally residing in France and for his/her children. Also beneficiaries are the spouse’s children from a previous union. In case the children are reunited with a parent from a separated couple, the written consent of the other parent is required.

There is no right to family reunion for other relatives, including, parents, sisters and brothers. Also, in case of polygamic couples, only one wife can join her husband residing in France. Also excluded can be a member of the family who has an illness included in the list of the international register of infectious diseases.

Preconditions for family reunion are that the person requesting it has had a valid residency permit for one year and that the permit valid at least one year. Moreover s/he has to have stable resources equivalent to at least half of the minimum social income. In case of reunion of children to the parents, the family income is taken into account In case the income is not sufficient, a positive decision may be taken if proof of a likely positive development of resources and income in the foreseeable future are given.

The requesting person must show that s/he has an appropriate accommodation which conforms to the minimum requirements of space (at least 16 square meters for a couple.

The family member who wants to be reunited to a foreigner residing in France must obtain a visa, after positive decision by the French authorities on the request for family reunion. S/he must thereafter undergo a medical examination organized by the OMI. Also by OMI is a visit to check the accommodation conditions set by the law.

The reunited family members obtain a valid residency document, which clearly state that it is issued for family reasons (“vie privée et familiale”), of the same validity as the applicant. It is a temporary permit. Such document gives right to work to the holder (with due respect to norms on compulsory education and for the protection of children).

In case the family breaks down, the member of the family who obtained to enter France for reunification purposes may be refused a renewal of the temporary residency permit and lose the residency card.

Special, less restrictive, rules are applied in the case family reunion is requested by an Algerian citizen or in case of family members of Algerian nationality, on the basis of the Franco- Algerian bilateral agreement of 1968 and its updates. In particular, it has to be noted that in case of poligamic families of Algerian nationality, the husband can request reunion with only one of his wives and their children. His children by other wives can join the couple and reside in France, although their mothers can not.

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

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