ABSTRACT
In order to be granted family reunification, the person applying for family reunification must prove his/her/their relationship/family tie with the sponsor. After all, the right to family reunification is reserved to specific family members only. Whether and under which conditions a marriage contracted in Iran, filiation established in Afghanistan or a guardianship agreement from Eritrea can be recognised in, for example, Germany, Belgium or France, is a question of private international law. This chapter will unravel the peculiarities of private international law and illustrate its interaction/tension with migration law. After having outlined the existing international and European legal framework, this chapter will discuss case law from the European Court of Human Rights and the Court of Justice of the European Union. It will be demonstrated that the rights and guarantees enshrined in the European Convention on Human Rights and general EU principles, like EU citizenship, can be invoked to oblige a State to recognise a personal status established abroad and enable family reunification.
