Definition(s)
- 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.
Source(s)
- 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)
Translations
BG: член на семейство
CS: rodinný příslušník
DE: Familienangehöriger
EL: μέλος οικογένειας
EN: family member
ES: Miembro de la familia
ET: perekonnaliige
FI: perheenjäsen
FR: membre de (la) famille
GA: duine muinteartha
HU: családtag
IT: familiare
LT: šeimos narys
LV: ģimenes loceklis
MT: Membru tal-familja
NL: gezinslid
PL: członek rodziny
PT: membro da familia
RO: membru de familie
SK: rodinný príslušník / člen rodiny
SL: družinski član
SV: familjemedlem
NO: familiemedlem