Ad-Hoc Query on travel documents issued to family members of refugees or other beneficiaries of international protection who do not hold travel documents Requested by GR EMN NCP on 2 nd September 2015 Compilation produced on 14 th November 2015 Responses from Austria, Belgium, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Latvia, Luxembourg, Netherlands, Slovak Republic, Sweden, United Kingdom (15 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does not necessarily represent the official policy of an EMN NCPs' Member State. 1. Background Information The Asylum Service of the Hellenic Ministry of Interior and Administrative Reform, is currently drafting a Presidential Decree setting up the procedure for the issuance of the approval decisions regarding the admission of the family members of a refugee or other beneficiary of international protection. In this context, we would like to submit the following questions: 1 of 11
Questions 1. Do you grant entry visas to third country nationals who are family members of a refugee or other beneficiary of international protection, in the case that they do not hold a travel document and they are in a different country than the country of their origin (i.e. Syrian refugees in Lebanon). 2. If yes, what kind of a travel document do you issue (lesser-passer or other). 3. Which are the terms and conditions for granting a travel document to third country nationals who are family members of a refugee or other beneficiary of international protection lacking travel documents? We would very much appreciate your responses by 5th October 2015. 2. Responses 1 Wider Dissemination? 2 Austria Yes According to Art. 15 Aliens Police Act, aliens generally need a valid travel document for entry and departure (passport obligation). Furthermore, aliens subject to this passport obligation additionally are subject to visa requirements. Pursuant to Art. 22 Aliens Police Act, in cases of particularly exceptional circumstances, the Austrian representative authorities for humanitarian reasons or for reasons of national interest may issue visas on a form according to the council regulation No. 333/2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (Official Journal L 053, 23/02/2002 P. 0004 0006). Such visas are to be restricted to the federal territory of Austria. 1.If possible at time of making the request, the Requesting EMN NCP should add their response(s) to the query. Otherwise, this should be done at the time of making the compilation. 2. A default "Yes" is given for your response to be circulated further (e.g. to other EMN NCPs and their national network members). A "No" should be added here if you do not wish your response to be disseminated beyond other EMN NCPs. In case of "No" and wider dissemination beyond other EMN NCPs, then for the Compilation for Wider Dissemination the response should be removed and the following statement should be added in the relevant response box: "This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further."
It can be summarized that each alien not in possession of a valid travel document under certain circumstances may be issued a loose-leaf visa, which authorizes him/her to enter Austria. In any case, these are subject to case-by-case examinations. Source: Federal Ministry of the Interior Belgium Yes 1. Do you grant entry visas to third country nationals who are family members of a refugee or other beneficiary of international protection, in the case that they do not hold a travel document and they are in a different country than the country of their origin (i.e. Syrian refugees in Lebanon). Yes, provided that all the requirements for family reunification are met. 2. If yes, what kind of a travel document do you issue (lesser-passer or other). A laissez-passer is issued. 3. Which are the terms and conditions for granting a travel document to third country nationals who are family members of a refugee or other beneficiary of international protection lacking travel documents? The issuance of the travel document is a competence of the Federal Public Service Foreign Affairs. When transferring the visa application to the Immigration Office for examination, the embassy asks the Immigration Office for its authorisation to issue a laissez-passer in case of a positive outcome of the visa application. When all the requirements for the visa application are met, the Immigration Office indicates in its decision that it does not have any objections to the issuance of a laissez-passer. The practical execution is handled by the embassy. Bulgaria Yes Cyprus Yes Croatia Yes N/A Czech Republic Yes 1. Family members (spouses, minors) of refugees or persons with subsidiary protection are entitled to ask for longterm visas for the purpose of family reunification. In the case that they do not hold the travel document they can submit any other ID document with name and nationality or in special cases it is possible to issue by Czech authorities a travel identity card. If they are in the different country, they are entitled to ask for a visa in this country in the case of their long-term residence. 2. Please see the answer above.
Travel identity card can be issued if there is a serious concern that using of national travel document would face an actual risk of serious harm or if there is no possibility due to reasons beyond the applicant s control to obtain the travel document. Denmark Yes Estonia Yes 1. No, Estonia only grants visas to family members who hold a travel document. 2. N/A 3. N/A Finland Yes 1. Do you grant entry visas to third country nationals who are family members of a refugee or other beneficiary of international protection, in the case that they do not hold a travel document and they are in a different country than the country of their origin (i.e. Syrian refugees in Lebanon). In principle, no; lesser-passer may be granted if it is not possible for applicant to get a national state travel document. 3. Which are the terms and conditions for granting a travel document to third country nationals who are family members of a refugee or other beneficiary of international protection lacking travel documents? Lesser-passer may be granted to the family members of the above mentioned groups who have been granted residence permit: - if they are UNHCR refugees and therefore they may not apply their national state travel document. - if it is not possible to get a travel document approved by Finland. For example a Somalian travel document is not approved by Finland and Syrian Palestinians are not issued travel documents by Syria. Even significant hardship to get a travel document does not entitle to lesser-passer; it has to be proven to be impossible to get one. For example being in a different country than the country of the origin does not entitle to the lesser-passer. Until July 2015 the residence permit applications were refused because of lacking travel documents even in the cases mentioned above when it concerned so called new family relations = the family relation created after the sponsor had moved to Finland. The custom was changed after the decision made by the Supreme Administrative Court which ruled that a residence permit application cannot be refused if it is not possible for the applicant to get a travel document that is approved by Finland for example for the reason that Finland does not approve travel documents granted by certain countries.
Lesser-passer is issued by the Embassy of Finland usually after consulting the Finnish Immigration Service. Decisions are made case by case. France Yes 1. Yes. 2. A laissez-passer is issued. 3. The issuing of a laissez-passer can be carried out solely in a third country, due to the law of the forum that subjects a national to the jurisdiction of his/her own country s authorities, when he/she is in his/her country of origin: the issuing of travel documents by a foreign embassy to nationals of a third country in which it is accredited would raise sovereignty issues. In any case, the issuing of laissez-passer is carried out only after the verification of the status of the refugee (or of the person granted international protection); of the identities and of the family composition and links and their reality. Germany Yes 1. Yes. Greece Yes N/A 2. The persons concerned will be issued German travel documents for foreigners. 3. The terms and conditions correspond largely to those of the visa application proceeding and are examined based on information and documents submitted in these proceeding. This involves among others that the identity of the family member is ensured and that his kinship with the beneficiary of international protection is absolutely certain. In the process, the difficulty of providing appropriate documents during a refugee situation is taken into consideration. Additionally, visa application data are verified for safety reasons, to eliminate the possibility of the family member being a threat for public order and security. Hungary Yes 1. NO In Hungary the family members of a refugee or other beneficiary of international protection can apply for a residence permit based on the provisions of Directive 2003/86/EC transposed into the Hungarian law. According to those provisions a valid travel document is essential for applying and obtaining a residence permit. Therefore no travel document is issued on behalf of Hungary for family members, and similarly no entry visa is issued for those not having a travel document. 3. It is though presently planned to accept the laissez-passer document issued by the International Red Cross in cases of people that might be resettled to Hungary. Nevertheless, in their case the procedure does not fall under the scope of
Ireland Yes legal migration channels of family members of refugees or other beneficiaries of international protection, it is rather their own asylum application in which such a travel document is planned to be accepted, while in legal migration cases such travel documents continue to be unacceptable. Italy Yes Latvia Yes Latvia doesn t grant entry visa in these cases. One of requirements for a foreigner, in accordance with the procedures laid down in the Immigration Law, to request a visa is that he or she has to have a valid travel document, which term of validity exceeds the period of time of the planned residence in the Republic of Latvia or in the territory of another Schengen Agreement Member State by at least three months. Lithuania Yes 1. No, there are no provisions in the national legislation concerning family members of people who have received international protection in Lithuania who are in a different country and do not possess a travel document. According to the national legislation, such persons must possess a valid travel document in order to arrive to Lithuania unless international treaties specify otherwise. 2. 3. Luxembourg Yes 1. Yes. 2. The travel document is a laisser-passer. 3. The laissez-passer is established in order to travel to Luxembourg. Family bonds and identity must be proven by any means. After the arrival in Luxembourg, family members often apply for international protection, if it is granted, they get a refugee travel document. If they continue their application for a residence permit as a family member, a travel document for foreigners can be established. The identity must be proven. It also has to be proven that it is impossible to get a national passport. Malta Yes Netherlands Yes 1. Do you grant entry visas to third country nationals who are family members of a refugee or other beneficiary of international protection, in the case that they do not hold a travel document and they are in a different country than the country of their origin (i.e. Syrian refugees in Lebanon). Yes, we grant laissez-passers to these third country nationals. 2. If yes, what kind of a travel document do you issue (lesser-passer or other).
See answer to the first question. 3. Which are the terms and conditions for granting a travel document to third country nationals who are family members of a refugee or other beneficiary of international protection lacking travel documents? A laissez-passer is granted to family members of a refugee or other beneficiary of international protection who: - are granted a regular provisional residence permit for family reunification (and meet the conditions for family reunification); and - do not have a valid border-crossing document. Norway Yes Do you grant entry visas to third country nationals who are family members of a refugee or other beneficiary of international protection, in the case that they do not hold a travel document and they are in a different country than the country of their origin (i.e. Syrian refugees in Lebanon). Yes If yes, what kind of a travel document do you issue (lesser-passer or other). For family members of asylum seekers who do not have travel documents (Syrian passports) in their possession, Norway will issue a Laissez-passers when it is considered necessary and when it is considered a danger for them to contact the Syrian authorities. This will apply to Syrians who are still in Syria, and for those who have left. Laissez-passers (emergency travel documents) the Immigration Regulations section 12-9 A laissez-passer can be issued to a foreign national who has been granted an entry permit to Norway, without being in possession of valid travel documents or being able to obtain such documents, cf. the Immigration Regulations section 12-9 first paragraph. Which are the terms and conditions for granting a travel document to third country nationals who are family members of a refugee or other beneficiary of international protection lacking travel documents? This kind of emergency travel document is issued when the family member risks reactions from the authorities in their home country. When it comes to issuing a travel document, the family member will have to meet the conditions for being granted a residence permit based on the presumption that their association with the applicant (who has been granted asylum) would also endanger their lives should they return to the country of origin. The principle about the right to gain derived refugee status is anchored in the Norwegian Immigration Act, 28 with
certain exceptions. The right applies to spouses/ co-habitants, children under 18 who are not married or living with a significant other, who fulfill the conditions for a residence permit because of a close family relationship ( 40-42). When derived refugee status is granted, the travel document will be issued without the applicant having to make a separate application for it. There are a few exceptions to this right to a travel document, among others, the travel documents can be denied if there is any doubt about the person s identity ( 12-1) Poland Yes Portugal Yes Romania Yes Slovak Republic Yes 1. No. Visa applicant must have a valid travel document (e.g. also a document issued by the Red Cross) or such document that the diplomatic mission of the Slovak Republic can issue visa on a separate sheet for affixing visa. 2. The diplomatic mission can issue an emergency travel document only in case of a return to the Slovak Republic to a foreigner who is a holder of a travel document for an alien or to a foreigner who has been granted the subsidiary protection in the Slovak Republic and is holder of an alien's passport. In such cases the diplomatic mission can issue the emergency travel document only after favourable opinion of the police department which issued the original travel document. Third country national who is a family member of a refugee or other beneficiary of international protection can apply only for an emergency travel document and has to meet the conditions for its issuance. The emergency travel document is a travel document for a single journey with territorial and time validity which is limited by the purpose of the journey. The emergency travel document is issued with a maximum length of 6 months. The diplomatic mission of the Slovak Republic issues the emergency travel document for the return to the Slovak Republic and in emergency cases also for a journey to states which recognize the document as travel document. Slovenia Yes In case of family members of person with recognized international protection in Slovenia/applicant/, which are located outside of country and without travel document, responsible authority issued them passports for alien and residence permits both with validity of 90 days. Documents are issued without fingerprints. After family members entered territory of Slovenia responsible authority issued them a new type of document regarding status of applicant for a family reunification. IOM is taking over delivering of documents to applicant for family reunification. Costs for issuing new documents are covered by the applicant for a family reunification.
Spain Yes Sweden Yes 1. Yes, Sweden can grant RP (rather than a visa) in these cases.. 2. An alien s passport or a temporary alien s passport can be granted. 3. The family member must not stay in his/her home country, he/she must not have or be able to obtain a passport and must have an RP (the RP and the alien s passport can be granted at the same time though). United Kingdom Yes 1. Yes 2. Family members of refugees or those with Humanitarian Protection in the UK are eligible to apply for a European Union Uniform Format Form if they do not hold national passports. These documents are issued by posts abroad so that visas can be attached to them which enable people to travel here to join their family members. 3. The family member must have the right to family reunification. Please see information below taken from policy guidance which details eligibility for family reunion. 2.1 Eligibility Only pre-existing families qualify for family reunion. Paragraphs 352A-FJ of the Immigration Rules lay out the detailed eligibility for the different family reunion applications which may be made. The particular rule applicable to a family reunion application will depend upon the relationship of the applicant to the sponsor, and on the sponsor s status. The exact criteria set out in the Immigration Rules must be applied when considering an application for family reunion. 2.1.1 Eligible applicants For the purposes of family reunion, paragraphs 352A-FJ define a qualifying family member of a person granted refugee status or humanitarian protection as; A spouse A civil partner An unmarried/same sex partner providing that the parties have lived together in a relationship akin to either marriage or civil partnership for two years or more and the sponsor was granted asylum or humanitarian protection on or after 9 October 2006. A child under the age of 18, who is not leading an independent life, is unmarried and is not in a civil partnership and has not formed an independent family unit. 2.1.2 Ineligible applicants
The Immigration Rules and the UK Border Agency s policy do not allow the following persons to be applicants for family reunion purposes: Persons who fall within the terms of one of the exclusion clauses listed under 1F of the 1951 Refugee Convention Post-flight family members, including persons who formed the relationship with the sponsor in a third country, after the sponsor fled their country of origin and arrived in the UK to seek asylum Fiancées, unless satisfying another rule, e.g., as a civil partner or unmarried/same sex partner (Immigration Rules 352A or 352AA) A dependent child over the age of 18 and other dependent relatives (e.g., elderly parents, siblings, etc.). Family members party to a polygamous2 marriage Family members in a consanguineous3 relationship Family members of children who have been recognised as a refugee or have been given humanitarian protection De facto adoption cases UK born children born after the grant of asylum (unless conceived pre-flight, see 4.3 Children conceived before the refugee fled to seek asylum in the UK and 4.4 UK Born children). Some individuals within some of these categories may, however, qualify under another Immigration Rule (see Other routes of entry). 2.1.3 Eligible sponsors For the purposes of family reunion, paragraphs 352A-FJ define a sponsor as; A person who has been recognised in the UK as a refugee, who has not yet obtained British citizenship. A person who has been granted 5 years humanitarian protection but has not yet obtained British citizenship. A person who acquired their refugee status as a result of being the dependant of a sponsor who was recognised as a refugee but has not yet obtained British citizenship. A person who was granted 5 years humanitarian protection as a result of being the dependant of a sponsor who was granted 5 years humanitarian protection but has not yet obtained British citizenship. 2.1.4 Ineligible sponsors The Immigration Rules and the UK Border Agency s policy do not allow the following persons to be sponsors for family reunion purposes: An asylum seeker whose claim in the UK has not been determined A British Citizen (even though they were previously granted refugee status or humanitarian protection) A minor with leave otherwise qualifying him/her as a sponsor (even to sponsor parents). A family member of a refugee (or person granted 5 years humanitarian protection) who has obtained entry
clearance from abroad to join them in the UK and who has not qualified as a refugee (or person eligible for humanitarian protection) in their own right. A family member of a refugee (or person granted 5 years humanitarian protection) who has been granted leave in line with the sponsor following an in country application for family reunion, and who has not qualified as a refugee (or person eligible for humanitarian protection) in their own right. See Other routes of entry for further information. The link below contains more information about the rights to family reunification of a refugee/recipient of international protection. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257465/familyreunion.pdf Norway Yes ************************