Article 5, Paragraph 4. · Regulation (EU) 2024/1350

Contents

4.In order to ensure family unity, the following family members of third-country nationals or stateless persons to be admitted shall also be eligible for admission:

(a)the spouse or unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to that of married couples under its law relating to third-country nationals or stateless persons;

(b)the minor children on the condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted or recognised as defined under national law;

(c)the father, mother or another adult responsible for an unmarried minor, whether by law or by the practice of the Member State concerned;

(d)the sibling or siblings;

(e)third-country nationals or stateless persons who are dependent on their child, parent or other family member for assistance as a result of pregnancy, a new-born child, serious mental or physical illness, severe disability or old age, provided that family ties existed in the country of origin, that the child, parent or other family member is able to take care of the dependent person, and that the persons concerned expressed their desire in writing.

When applying this paragraph, Member States shall take due account of the best interests of the child. Where the third-country national or stateless person is a married minor but not accompanied by his or her spouse, the best interests of the minor may be seen to lie with the minor’s original family.