Case C‑484/17
K
v
Staatssecretaris van Veiligheid en Justitie
(Request for a preliminary ruling from the Raad van State (Netherlands))
(Reference for a preliminary ruling — Directive 2003/86/EC — Right to family reunification — Article 15 — Refusal to grant an autonomous residence permit — National legislation providing for a requirement to pass a civic integration)
Summary — Judgment of the Court (Third Chamber), 7 November 2018
Border controls, asylum and immigration — Immigration policy — Right to family reunification — Directive 2003/86 — Entry and residence of family members — Entitlement to autonomous residence after five years of residence — National legislation permitting an application for an autonomous residence permit to be rejected on the ground that a civic integration test not been shown to have been passed — Lawfulness — Condition — Proportionality
(Council Directive 2003/86, Art. 15(1) and (4))
Article 15(1) and (4) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification does not preclude national legislation, such as that at issue in the main proceedings, which permits an application for an autonomous residence permit, lodged by a third country national who has resided over five years in a Member State by virtue of family reunification, to be rejected on the ground that he has not shown that he has passed a civic integration test on the language and society of that Member State provided that the detailed rules for the requirement to pass that examination do not go beyond what is necessary to attain the objective of facilitating the integration of those third country nationals, which is for the referring court to ascertain.
For that purpose, the referring court must ensure, in particular, that the knowledge required to pass the civic integration examination is at a basic level, that the condition imposed by the national legislation does not lead to an autonomous residence permit not being granted to third country nationals who have demonstrated their willingness to pass the examination and have made every effort to achieve that objective, that due account is taken of specific individual circumstances and that the fees relating to that examination are not excessive (see, to that effect, judgment of 9 July 2015, K and A, C‑153/14, EU:C:2015:453, paragraphs 54 to 70).
In that regard, it should be noted, in particular, that circumstances, such as the age, level of education, economic situation or health of a sponsor’s relevant family members, must lead the competent authorities not to subject the grant of an autonomous residence permit to passing a civic integration examination, when, due to those circumstances, they are unable to take or pass that examination (see, to that effect, judgment of 9 July 2015, K and A, C‑153/14, EU:C:2015:453, paragraph 58).
(see paras 22-24, operative part)