The situation
In binding advice to a UK national court, the Court of Justice of the European Union (CJEU) has ruled that all EU countries must recognize unmarried partnerships when evaluating applications for residence rights for dependent partners of EU nationals who have resided in other EU countries.
Background
In the Banger case brought before the CJEU, a UK national and his South African partner cohabited in the Netherlands for several years, where the South African partner held dependent status. When moving to the United Kingdom, the residence application for the South African partner was rejected because the couple was not married or in a civil partnership.
When the couple appealed the rejection, the UK court sought advice from the CJEU, which advised that the UK Immigration Authorities should consider the facts of the case and not deny the partner residency rights based solely on the fact that the couple was unmarried.
This ruling is in line with the recent Coman-Hamilton judgment, which granted residence rights to same-sex spouses.
Impact
Based on this ruling, EU nationals who move to another EU country can sponsor an unmarried partner as a dependent in any EU country, if other conditions are met. EU countries cannot obstruct the freedom of residence of EU nationals by refusing to grant their unmarried partners dependent status on the sole ground that they are not married or in a civil partnership.
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
Video
Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.
Fragomen news
The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Blog post
Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.
Blog post
Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.
Media mentions
Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.
Awards
Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.
Media mentions
Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.
Awards
Australia and New Zealand Managing Partner Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.
Awards
Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.
Media mentions
Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.
Video
Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.
Fragomen news
The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Blog post
Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.
Blog post
Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.
Media mentions
Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.
Awards
Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.
Media mentions
Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.
Awards
Australia and New Zealand Managing Partner Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.
Awards
Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.
Media mentions
Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.