When certificates do not prove an alleged family relationship, section 29(2) and (3) NAG regulate DNA analysis, costs and data use.
If reliable certificates do not establish an alleged family relationship, section 29(2) NAG provides a specific route: the authority must enable a DNA analysis if the foreign national requests it and bears the cost. The authority must inform the person about this possibility.
The DNA analysis is an option. If it is not requested, section 29(2) NAG says that this is not a refusal to cooperate in clarifying the facts and must have no effect on the assessment of evidence. The general duty to cooperate in the proceedings has to be considered separately.
Section 29(3) NAG limits further data processing. In the further proceedings, only the information about the family relationship may be processed. Any data going beyond that information must be deleted.
This article addresses the specific DNA rule. General questions about identity, passports and cooperation in NAG proceedings are explained in the article on cooperation regarding identity and information. For the state of the authority file, see the articles on file inspection and the right to be heard.
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If reliable certificates make the family relationship traceable, the document chain should be reviewed first. Organise the civil-status records, translations and any explanations so that the relationship between the people concerned is clear. The specific DNA rule in section 29(2) NAG applies where proof through reliable certificates has not succeeded.
You can expressly request the authority to enable a DNA analysis. Under section 29(2) NAG, the authority must inform the foreign national about this possibility. The foreign national requesting the analysis bears the cost. Record the request, the family relationship concerned and the certificates already submitted in writing.
You do not have to request a DNA analysis. Section 29(2) NAG expressly states that failing to request it is not a refusal to cooperate in clarifying the facts and has no effect on the assessment of evidence. Other specific acts of cooperation in the proceedings have to be reviewed separately.
Under section 29(2) NAG, a DNA analysis is enabled on request and at the foreign national's cost. The provision does not state a fixed fee or general fee table. Before making the request, clarify which body will perform the analysis, which costs have been announced and how the appointment is organised.
Section 29(2) NAG provides for information about the possibility of a DNA analysis. If that information is not apparent, record the course of events and the open certificate questions in writing and ask the authority to clarify the position. The specific file determines the next procedural step.
Section 29(3) NAG sets a narrow limit for the further proceedings. Only the information about the family relationship may be processed. Data going beyond that information must be deleted. If the scope is unclear, ask which information is needed for the relationship and how the file reflects that limit.
Section 29(2) NAG connects this specific option to two conditions. First, the foreign national must rely on a family relationship in proceedings under the NAG. Second, proof through reliable certificates has not succeeded. This concerns a relationship that cannot be established reliably from the documents submitted so far.
In that situation, the authority must enable a DNA analysis at the foreign national's request and cost. The wording creates a right to have the analysis enabled. It does not make the analysis an automatic step that starts without a request.
The rule may matter in different NAG proceedings whenever the alleged family relationship is relevant to the residence title being claimed. The other requirements of that title remain a separate assessment.
The request must come from the foreign national. Section 29(2) NAG also requires the authority to explain the possibility. For a clear file, identify the family relationship and the current certificate position in a short written statement.
The foreign national making the request bears the cost. Section 29(2) NAG states no fixed amount and no general fee table. Reliable cost planning therefore requires information about the specific process. Before the request is made, the responsible body, appointment route and announced cost should be understandable.
A general statement such as “the relationship should be checked” is often poor file organisation. A clearer request identifies the people concerned, the alleged relationship, the certificates submitted and the question left open by those documents.
No. The request is a statutory option, not a separate duty. Section 29(2) NAG expressly provides that failing to request a DNA analysis is not a refusal to cooperate in clarifying the facts. It also has no effect on the assessment of evidence.
This statement concerns the decision whether to use the DNA option. It does not answer every other cooperation question in the NAG proceedings. Statements about the residence purpose, available evidence and responses to specific authority questions may be assessed under other provisions.
Anyone who does not request the analysis can record that decision in a factual way. The certificates available, the unresolved questions and the date of the decision should remain clear in the file.
Section 29(3) NAG limits further processing to the information about the family relationship. The further proceedings may therefore use the statement about the relationship as the relevant result. The provision does not authorise unlimited further use of data produced by the analysis.
Data going beyond that information must be deleted. This provision states no separate retention period and describes no technical deletion process. Its permitted scope nevertheless means that additional data cannot remain as a general part of the further proceedings.
When asking about data processing, separate the information about the relationship from data going beyond it. This distinction also helps when reviewing authority letters and the personal file.
The specific rule in section 29 NAG concerns the alleged family relationship. A result obtained under that rule therefore addresses the family relationship, to the extent that the analysis clarifies it. It does not automatically prove identity, residence purpose or the other requirements of the residence title applied for.
In a family reunification case, the sponsor's residence position, the title applied for and further certificates may remain important. The family reunification topic page places the general family route in context. The family reunification checklist helps organise the document package.
The DNA analysis should therefore be assigned to the precise open evidentiary question in the file. A positive or negative relationship result alone does not show that all other issuance requirements have been met.
If the authority has not clearly explained the DNA option, record the course of events and the open certificate questions in writing. Section 29(2) NAG provides for information about the possibility. For the next step, it matters whether the authority doubts the relationship, requests specific certificates or is already preparing a decision.
File inspection in NAG proceedings can show which certificates and evidentiary results the authority has considered. Before responding, compare the family relationship with the certificates submitted, the information given and the current procedural stage.
If a response can be submitted, state clearly whether the DNA option is being requested and why it relates to the open question. The article on the right to be heard explains the procedural setting.
No. Section 29(2) NAG provides a DNA analysis as an option where an alleged family relationship cannot be proved through reliable certificates. Failing to request it is not a refusal to clarify the facts and must have no effect on the assessment of evidence.
Under section 29(2) NAG, the foreign national who requests the DNA analysis bears the cost. The provision states no fixed amount. The specific cost information should be clarified with the responsible body before the request is made.
Section 29(3) NAG permits further processing only of the information about the family relationship. Data going beyond that information must be deleted.
No. The result addresses the specific evidentiary question of the family relationship. Identity, residence purpose and the other requirements of the residence title remain separate issues.
General questions about passports, identity and cooperation in NAG proceedings.
Classify residence titles and evidence from the family situation.
Understand the authority file before submitting a response.
Organise certificates and other documents for the family route.