Although the European Union implemented immigration laws regarding third-country nationals in 2003, the application and cohesion of immigration procedures across the member states remains problematic. One of the most prominent issues, and one which the European Commission has attempted to address, is that individual EU member states differ in their interpretation and application of laws based on EU directives. Currently, the Commission is carrying out a consultation of guidelines aimed to standardize the practice in this regard. The Helsinki Foundation for Human Rights took part in this consultation.

“We think that a definition of the family contained in the guidelines under consultation, is too narrow ,” said Małgorzata Jaźwińska, an HFHR lawyer. “This means, for instance, that a foreigner may not file an application for a temporary stay of his or her adult family member, i.e. a mother, father or grandparents.”

HFHR’s experience shows that people who may exercise the right to family reunification waive it for cultural reasons. “They can’t reunite the whole family if some of their children have come of age,” Ms. Jaźwińska explained. “Therefore, parents are often forced to choose between their children or between children and a spouse.”

In a situation where a given member state allows only for reunification of parents with minor children, it becomes all the more important to act promptly and effectively. Otherwise, the excessive length of the procedure conducted by public authorities may deprive a minor child of the right to become reunited with his or her family, if he or she comes of age before it is completed.

“Another problem faced by foreigners who want to exercise the family reunification procedure is the requirement to have all the documents in a country where an application is made,” said Ms Jaźwińska. HFHR has called for enabling foreigners to submit documents both in the destination country in which a family member is already staying as well as in the country’s diplomatic and consular facilities abroad.

At the same time, the HFHR endorsed the Commission’s interpretation of the requirement that a family member who applies for family reunification must have stable and regular resources. According to the Commission, such resources may include private means already accumulated by a foreigner and not only a regular income, as specified under domestic laws.

According to data from Poland's Office for Foreigners, only three foreigners with refugee or subsidiary protection status applied for family reunification in 2012, while there were none in 2013 and one in 2014.