A/HRC/4/24
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proof of accommodation; no high-risk disease; and he/she is capable of work. For an application
for a temporary residence permit: proof that the alien holding a temporary or permanent
residence permit in Bosnia and Herzegovina has a permanent and sufficient income and proof of
relations and dependent persons.
98.
In Canada, family members can apply in any immigration category. However, there are
programmes that are in place specifically to facilitate family reunification. Canadian citizens
and permanent residents can reunite with their family members through the family-class
category, spouse and common-law partner in Canada class and on humanitarian and
compassionate consideration. Canadian citizens or permanent residents can sponsor family
members, and only family members that meet the definition in the Immigration and Refugee Act
can be sponsored.
99.
In Greece, country nationals, who have legally lived in Greece for at least two years,
have the right to apply for the entry and residence in the country of their family members. The
conditions for family reunification are: (a) family ties are proven; (b) family members are going
to live with the sponsor; (c) the sponsor proves that he has stable and regular income, sufficient
to cover the needs of his family, which is independent of the system of social assistance of the
country; (d) the sponsor holds complete health insurance regarding all dangers for which Greek
nationals are covered, which can cover the members of his/her family as well. However, there
have been recent changes in legislation. Recently the Presidential Decree 131 (Official Gazette
143/A/13.7.2006) has been issued, which transposed into national law the Directive 2003/86/EC
on the right of family reunification of third-country nationals legally residing in the territory of
the member States.
100. In Malta, there are no legal conditions yet for family reunification. However, family
members of a foreigner who has been authorized to reside in Malta for a specific purpose are
issued with a residence permit allowing them to reside in Malta for the duration of the
foreigner’s residence.
101. In Mauritius, dependants are authorized to stay with working non-citizens provided
documentary evidence of their family relationship is presented.
102. In Spain, a non-national may apply for family reunification after having legally resided in
Spain for one year and having obtained the authorization of residence for at least one more year.
Family members who can be part of the reunification include: spouses; unmarried children (or
children of the spouse) under age 1; children under 18 when the applicant is his/her legal
representative; ascendants of the applicant or of the spouse’s applicant if they are in charge of
them.
Question: Please provide information regarding any existing requirements and conditions for
marriages of non-nationals and/or of nationals with non-nationals as well as the possibility for
withdrawing authorization to stay following separation; and conditions for reunification of
children. Please indicate recent changes in such legislation.
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