Family Reunification: A Migratory Phenomenon

In the Declaration of Human Rights, the family is recognized as a natural and fundamental part of society, and as such it enjoys the right to protection on the part of society and the state. But what happens when a family member has to emigrate? Here we are dealing with the subject of family reunification.
Family reunification: a migratory phenomenon

Although migration and family reunification are not new phenomena, even in the 21st century, they continue to generate much controversy. According to the UN, in 2017 alone, the number of migrants stood at 258 million, an increase of 85 million since 2000.

Many migrants are forced by war, by the need to help their families or by flight from certain social situations. But what happens when only part of the family moves? This is why today we want to talk about family reunification.

According to the Ministry of Labor, Migration and Social Security, this is a temporary residence permit that can be granted to parents of foreigners residing in Spain, under the right to family reunification. Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration considers family reunification as a subjective right.

Likewise, if we adhere to article 16 of the aforementioned law, resident aliens have the right to family life and privacy. I the course is a series of requirements that must be met  at the initiation of the process. According to the summary by González (2008), these are:

  • Condition of prior residence. In other words, have resided in Spain for one year and have a residence permit for at least one year.
  • Availability of  sufficient means of subsistence  to support their families once reunited.
  • Have adequate and accredited accommodation through an official report.
  • Not to be in an irregular situation.
  • Have no criminal record.
  • Have health assistance through Social Security or private health insurance.
Family at an airport.

People affected by family reunification

While it is understandable that the whole extended family wants to stay together, this is not always possible in the case of family reunification. The people who can access it, according to the Ministry of Labor and Immigration (2011), are:

  • The spouse not separated in fact or in law, provided that the marriage was not celebrated in fraud of the law.
  • The person who maintains an emotional relationship analogous to the conjugal relationship with a spouse.
  • The children or those of u spouse or partner, including those adopted under the age of 18 or disabled and who are not married.
  • People under 18 or disabled, when the foreign resident is their legal representative.
  • Their first-degree ascendants aged over 65 or those of their spouse or partner, when they are dependent (because they are financially dependent on the sponsor) and there are reasons justifying the need to authorize their stay in Spain.
  • Exceptionally, for humanitarian reasons, ascendants under 65 years old.
A family at an airport.

The consequences of migration on families

Getting away from family, leaving home, and putting some distance from friends and what we know is often not an easy decision to make. Family members who must separate to move forward can face direct negative consequences. Two of the most relevant are uprooting and integration into the new host culture.

Uprooting (Riquelme, 2000) entails the existential and fundamental loss of family members and colleagues through repression and the explicit breakdown of a project of social and cultural transformations in which they took an active part. In other words, it implies the cultural and family separation of the roots.

In addition, let us underline the importance of maintaining the culture of origin while incorporating the customs of the adopted society. It is therefore necessary to promote legal channels for family reunification. Opportunities should also be offered for the real integration of foreigners.

Ultimately, we are all susceptible to migration.  So, faced with this reality, if together we promote active participation in the integration process, we will have a fairer place to live together.

What is cultural psychology?
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Do you want to know what cultural psychology is? AndrĂ© Malraux declared that “culture is what continues to be alive in death”.

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