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
Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.
Blog post
Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.
Video
Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.
Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Fragomen news
Media mentions
Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.
Blog post
Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.
Video
Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.
Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Fragomen news