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
Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.
Blog post
Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.
Media mentions
Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.
Blog post
Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.
Video
Director Raj Mann shares an overview of Fragomen's newly released 2025 Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.
Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.
Blog post
Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.
Media mentions
Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.
Blog post
Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.
Fragomen news
Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.
Blog post
Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.
Media mentions
UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.
Media mentions
Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.
Blog post
Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.
Media mentions
Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.
Blog post
Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.
Video
Director Raj Mann shares an overview of Fragomen's newly released 2025 Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.
Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.
Blog post
Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.
Media mentions
Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.
Blog post
Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.
Fragomen news
Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.
Blog post
Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.
Media mentions
UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.