Hierarchies of Privilege: Juxtaposing Family Reunification Rights, Integration Requirements, and Nationality in EU Law
Forthcoming in: Moritz Jesse (ed.), European Societies, Migration and the Law: The "Others" amongst "Us", (Cambridge University Press)
23 Pages Posted: 6 Nov 2019 Last revised: 10 Nov 2019
Date Written: November 1, 2019
This chapter focuses on EU laws and policies on family reunification in order to demonstrate how they create new ‘others’. The creation of Union citizenship disrupted the binary logic of ‘national’ and ‘foreigner’ in national immigration regulation even though, at first sight, it seemed to have recreated it at the EU level as the ‘EU citizen’ and ‘Third Country National’ (TCN). However, on a closer look, it becomes apparent that the new picture is much more complex, as a new hierarchy of statuses with different packages of rights has been created at the EU level for nationals, EU citizens and TCNs alike. This chapter compares and contrasts family reunification rights of Union citizens and TCNs granted under the Treaties, international agreements and secondary EU law and sheds light on the different degrees of ‘otherness’ and privilege created at EU level.
Keywords: family reunification, third country nationals, Union citizens, highly qualified, 'us/we v. them/others', (pre-departure) integration requirements, different degrees of ‘otherness’, family reunification directive
JEL Classification: K37
Suggested Citation: Suggested Citation