Updated : 25/04/2017
- Registering your non-EU family members in another EU country
I am Belgian and currently working in Sweden. I can prove that I have regularly sent money to my brother - a Moroccan national living in Morocco. Does this establish that he is dependent on me, and that he has a right to reside with me in Sweden?
Not necessarily - It is Swedish authorities who will decide, after an extensive examination of your brother's personal circumstances, whether or not he is dependent on you. The European Court of Justice has held that the EU countries enjoy a wide discretion in setting the requirements as to the nature and duration of the dependence.
I am a Danish national currently working in the Czech Republic. My wife's son, a 22-year old Ugandan, recently joined us here and will apply for a residence card. Does he have to prove that he is dependent on us?
YES – As he is an adult over 21 years old, he is required to provide proof that he is dependent on you.
To be regarded as dependent on me as an EU citizen, does my wife's son, who is 21 years old and a national of a non-EU country, have to prove that he has tried all possible means to support himself?
NO – EU countries cannot require that he prove that he has tried unsuccessfully to find work or to obtain a subsistence allowance in his country of origin.
I am Polish and live in the UK. The UK authorities doubt that my marriage to a woman from Congo is genuine and are delaying the issuance of her residence card as my family member. Can they do that?
If the UK authorities have reasons to doubt the sincerity of your marriage and can prove that it is a marriage of convenience, they can withdraw the right of residence on grounds of fraud or abuse of rights. Otherwise they should not delay or refuse issuance of your wife's residence card.