Glossary

Definition The establishment of a family relationship which is either:
a) the entry into and residence in an EU Member State, in accordance with Council Directive 2003/86/EC (Family Reunification Directive), by family members of a third-country national residing lawfully in that EU Member State (‘sponsor’) in order to preserve the family unit, whether the family relationship arose before or after the entry of the sponsor; or
b) between an union citizen and third-country national established outside the European Union who then subsequently enters the European Union.

Synonyms family reunion

Broader right to family unity

Narrower family formation

Related chain migration, family member, family migration, right to family, life

Comments 1. Art. 5(3) of Council Directive 2003/86/EC (Family Reunification Directive) also covers 'reunification' when a third-country national is already resident in the European Union under different permissions (e.g. a residence permit for the purpose of remuneration or study).
2. In FR, ‘réunification familiale’ is only used when referring to family members of beneficiaries of international protection.

Source Part (a): Art. 2 (d) of Council Directive 2003/86/EC (Family Reunification Directive)
Part (b): Developed by EMN

Definition In the general migration context, a person either married to, or having a relationship legally recognised as equivalent to marriage, to a migrant, as well as their dependent children or other dependants who are recognised as members of the family by applicable legislation.
In the context of the Family Reunification Directive (Directive 2003/86(EC), a third-country national, as specified in Art. 4 of this Directive (normally members of the nuclear family – i.e. the spouse and the minor children), who has entered the territory of the European Union for the purpose of family reunification.
In the context of the Free Movement Directive (Directive 2004/38 EC):
(a) the spouse;
(b) the partner with whom the union citizen has contracted a registered partnership, on the basis of the legislation of a EU Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b).
In the context of asylum , and in particular Regulation (EU) No 604/2013 (Dublin III Regulation), this means insofar as the family already existed in the country of origin, the following members of the applicant’s family who are present on the territory of the EU Member States:
a) the spouse of the applicant or their unmarried partner in a stable relationship, where the law or practice of the EU Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals;
b) the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law;
c) when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present;
d) when the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for them whether by law or by the practice of the Member State where the beneficiary is present.

Related dependant, family reunification, nuclear family, sponsor

Source General: Derived by EMN from Art. 4 of UN Convention on the Protection of All Migrant Workers and Members of their Families
Family reunification: Recital 9 and Art. 4 of Council Directive 2003/86/EC (Family Reunification Directive)
Free movement Art. 2(2) of Directive 2004/38/EC (Free Movement Directive)

Definition In the global context, a general concept encompassing family reunification, family formation, and migration of an entire family at the same time.
In the EU context, a concept which refers explicitly to family reunification and family formation.

Related chain migration, family formation, family reunification, right to family unity

Source Global context: Derived by EMN from the discussion of types of family migration in Chapter 6 of IOM World Migration Report 2008
EU context: Developed by EMN

Definition The entry into and residence in an EU Member State of a third-country national on the basis of the establishment of a family relationship either a) after their third-country national sponsor has gained legal residence in an EU Member State; or (b) with an EU national.

Broader family reunification

Related chain migration, family migration, nuclear family, right to family, life right to family unity

Comments

Source

Developed by EMN

Definition

All persons who have a certain country as their country of usual residence and who are citizens of another country.

Narrower stock of foreigners

Related migrant stock

Source

OECD Glossary of Statistical Terms

Definition Any travel or identity document:
(i) that has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a State; or
(ii) that has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or
(iii) that is being used by a person other than the rightful holder.

Synonyms fraudulent travel document, fraudulent identity document, false travel document, false identity document, forged travel document, forged identity document

Related travel document

Source

Art. 3(c) of Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organised Crime

Definition

A person subject to a migratory movement in which an element of coercion exists, including threats to life and livelihood, whether arising from natural or man-made causes (e.g. movements of refugees and internally displaced persons as well as people displaced by natural or environmental disasters, chemical or nuclear disasters, famine or development projects).

Broader migrant

Narrower displaced person, refugee

Related de facto refugee, economic migrant, forced migration

Source Derived by EMN from IOM Glossary on Migration, 2nd ed. 2011

Definition

A migratory movement in which an element of coercion exists, including threats to life and livelihood, whether arising from natural or man-made causes (e.g. movements of refugees and internally displaced persons as well as people displaced by natural or environmental disasters, chemical or nuclear disasters, famine or development projects).

Broader migration

Narrower displacement

Related economic migration, forced migrant, managed migration

Source IOM Glossary on Migration, 2nd ed. 2011

Definition

All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered themselves voluntarily.

Synonyms compulsory labour, compulsory work

Related child labour, exploitation

Source

Art. 2(1) of ILO Convention No. 29, 1930 (Forced Labour Convention)

Definition A country in which an applicant for international protection has either
(a) been recognised as a refugee and they can still avail themselves of that protection; or
(b) otherwise enjoys sufficient protection, including benefiting from the principle of non-refoulement, provided that they will be readmitted to that country.

Synonyms country of first asylum, first asylum principle

Comments 1. In applying the concept of ‘first country of asylum’ to the particular circumstances of an applicant, EU Member States may take into account Art. 38(1) of the Directive 2013/32/EU (Recast Asylum Procedures Directive) (‘concept of safe third country’).
2. In accordance with relevant legislation, an applicant shall be allowed to challenge the application of the first country of asylum concept in relation to their particular circumstances.

Source Art. 35 of Directive 2013/32/EU (Recast Asylum Procedures Directive)

Definition

In the EU context, a worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals.

Related border resident, local border traffic

Comments 1. The definition covers in particular third-country nationals entering the European Union from the neighbouring third-country in which they reside.
2. Contrary to 'cross-border workers', frontier workers work in the frontier zone of the neighbouring country.

Source

Council Resolution of 20 June 1994 on limitation on admission of third-country nationals to the territory of the Member States for employment

Definition An untruthful declaration of a relationship of parenthood which does not actually exist either (a) between a minor who is an union citizen or settled third-country national and a third-country national adult, where the adult claims to be the parent in order to obtain or legalise their residence in a EU Member State, or (b) between a third-country national minor and a union citizen adult or a settled third-country national adult where the adult declares themselves parent of the minor in order to obtain or legalise the residence of the child and / or possibly the residence of the other parent.

Related partnership of convenience, civil partnership of convenience, marriage of convenience

Comments For more information on false declarations of parenthood, see EMN: Misuse of family reunification, 2012.

Source Developed by EMN

Definition

A decision on whether the third-country national or stateless person be granted refugee status or subsidiary protection status by virtue of Directive 2011/95/EU (Recast Qualification Directive) and which is no longer subject to a remedy within the framework of Chapter V of this Directive, irrespective of whether such remedy has the effect of allowing applicants to remain in the EU Member State concerned pending its outcome.

Source

Art. 2(e) of Directive 2013/32/EU (Recast Asylum Procedures Directive)