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
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
Media mentions
Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.
Media mentions
Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.
Media mentions
Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.
Blog post
The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps
Media mentions
Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.
Video
The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
Media mentions
Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.
Media mentions
Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.
Media mentions
Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.
Blog post
The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps
Media mentions
Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.
Video
The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.