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
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Awards
Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Media mentions
Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Media mentions
Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Media mentions
Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Media mentions
Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Media mentions
Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Blog post
Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Awards
Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Media mentions
Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Media mentions
Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Media mentions
Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Media mentions
Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Media mentions
Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Blog post
Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.