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
Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.
Media mentions
UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.
Awards
Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.
Video
Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer.
Media mentions
Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.
Video
Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.
Media mentions
Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.
Awards
Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.
Blog post
Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.
Media mentions
Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.
Media mentions
Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.
Media mentions
UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.
Awards
Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.
Video
Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer.
Media mentions
Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.
Video
Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.
Media mentions
Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.
Awards
Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.
Blog post
Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.
Media mentions
Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.