We would like to share some new research conducted by ACMRL member Betty de Hart together with Nadia Ismaili and Daan de Bruijn for the Research and Data Centre (WODC). This study shows that family migration law defines "family" differently than family law.
The study highlights that family migration law focuses on existing family ties and overlooks evolving relationships and the diversity of family forms in social realities. It states that there is tension between social developments related to family forms, advancements in family law, and the interests of a restrictive migration policy. The concept of family has become more variable and differs for various categories of families. Although the concept has partly been broadened, particularly with the recent policy for young adults, it remains strongly characterised by restrictive tendencies. The most striking aspect is the use of the term ‘actual’ family ties in Dutch policy, which exists alongside the concept of family life.
🔑 Further insights into their work were:
- The assessment of the best interest of the child is central in family law, but in migration family law, significant emphasis is placed on parental decisions
- The care needs of young adults and the elderly are often overlooked in restrictive migration policies
- Stratified family migration policies create differences between EU citizens on the one hand and third-country nationals and Dutch nationals on the other
- Rights granted – or denied – in the context of the welfare state influence the interpretation of the concept of family in both family and family migration law
📌 The findings emphasise the need for a more dynamic interpretation of "family" in migration law—one that better reflects societal realities and considering the development of family life. Recommendations further include strengthening child-centred approaches and addressing unequal treatment in policy stratification.
📖 The full report, including an English summary (pages 112–116), can be downloaded here or found on the WODC website.