Directive 2004/38/EC

[Chris07]

In the directive

It states

"Without prejudice to issues related to recognition of decisions of national authorities, the notion of direct relatives in the descending and ascending lines extends to adoptive relationships or minors in custody of a permanent legal guardian. Foster children and foster parents who have temporary custody may have rights under the Directive, depending upon the strength of the ties in the particular case. There is no restriction as to the degree of relatedness. National authorities may request evidence of the claimed family relationship."

In the highlighted bit, does it mean that member states are obliged to treat applications for family reunification regarding permanent legal guardian the same way as direct relatives in the descending and ascending line?

[Obie]

Well the UK does not accept this in their guidance. They do accept adoptive relationship in certain countries or stepchildren, as family members. However in regards to minor in a foster relatinship or permanent guidian relationship, even though they don't recognise them as a child, they will be considered under Regulation 8, and given the best interest of the Child, which has to be considered under section 55 of the UKBA act 2007, it is likely that these minors will be granted a residence card, at the minimum, under Regulation 17(4).