Analysis: “Migrationsverket: Member States may issue a residence permit for the purpose of family reunification to a third-country national whose identity cannot be established with certainty” by Janine Silga

In its case Migrationsverket (C-193/19), the Court of Justice had to determine whether EU law requires third-country nationals to establish their identity with certainty to be granted a residence permit for the purpose of family reunification.

While Article 6(1)(a) of the Schengen Borders Code (SBC) clearly requires that third-country nationals establish their identity to enter the EU territory for a short stay, the situation is unclear for third-country nationals who are already present in a Member State and who intend to stay there on a long-term basis.

The present case originates in the Swedish legal context, in which the identity of third-country nationals has to be established with certainty for them to be granted a re