Court of Justice Rules That EU Countries Must Grant Residence Rights to Same-Sex Spouses of EU Nationals
June 8, 2018
The situation
In binding advice to a Romanian national court, the Court of Justice of the European Union (CJEU) has ruled that all EU countries must recognize same-sex marriages when evaluating applications for residence rights for dependent same-sex spouses of EU nationals that have resided in other EU countries.
Background
In the Coman-Hamilton case brought before the CJEU, the question involved a Romanian citizen and his U.S. partner, who were married in Belgium and moved to Romania. The Romanian immigration authorities refused the spouse’s family reunification application because Romanian laws do not allow same-sex marriages and the authorities did not recognize the same-sex marriage entered into abroad. The couple appealed to the CJEU for advice on the interpretation of related EU law, and the court advised that the Romanian authorities must accept the family reunification application of same-sex spouses, where marriage was legally conducted in another EU country.
Impact
Based on this ruling, EU nationals who move to another EU country can sponsor a same-sex spouse as a dependent in any EU country. EU countries cannot obstruct the freedom of residence of an EU national by refusing to grant their same-sex spouse a dependent residence permit in that EU country.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
Media mentions
Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.
Blog post
Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.
Media mentions
Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
Media mentions
Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.
Blog post
Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.
Media mentions
Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
