Navigation path

Students

Updated : 12/2011

Non-EU family members

My parents/ other relatives / non-registered partner

Staying abroad for up to 3 months

Your parents, other relatives and non-registered partner may stay with you in another EU country.

If they stay for up to 3 months, all they need a valid passport and sometimes, depending on the country they are from, an entry visa.

More about entry visa requirements and possible exemptions.

Before you leave, please check with the consulate of the country you are going to whether your non-EU family members will need an entry visa and how long it will take to get one.

Reporting presence

Some EU countries require them to report their presence within a reasonable period of time after arrival and may impose a penalty, such as a fine, if they do not.

Before they go to the other country, please check the deadlines and relevant conditions for reporting presence with the national authorities.

All they need to report their presence is a passport. They should not have to pay any fees.

If they are staying in a hotel, it is usually enough to fill in a special form - the hotel will take care of the rest.

In some EU countries, failure to report their presence might result in a fine, but they cannot be expelled just for this.

Because your parents, other relatives or non registered partner might need to prove at any time that they have right to live in the country (for example, if stopped by the police), they should carry their passport with them at all times.

They can be fined or temporarily detained if they leave it at home, but they cannot be expelled just for this.

Equal treatment

During their stay, your parents, other relatives and non registered partner should be treated as nationals of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools etc.

Even if they are staying there as a tourist, they should not, for example have to pay higher fees to visit museums or when buying transport tickets, etc.

Exception: some EU countries may decide not to give students and their family members income support during the first 3 months or a maintenance grant for studying before they qualify for permanent residence.

Expulsion            

Your new country of residence can, in exceptional cases, decide to expel your parents, relatives or partner on grounds of public policy, public security or public health.

The authorities must be able to prove they represent a genuine, present and sufficiently serious threat.

The expulsion decision must be given to them in writing. It must state all the grounds and implications and specify how they can appeal and by when.

Staying abroad for more than 3 months

The authorities in the EU country where you are studying will assess whether your non-EU parents, other relatives or non-registered partner should be authorised to stay there as family members of an EU national who is studying there. The assessment will be done on the basis of the national conditions and on a case-by-case basis.

The authorities will assess whether your relative/partner may stay beyond 3 months on condition that you:

  • are enrolled at an approved educational establishment
  • have sufficient income (from any source) for your whole family to live without needing income support
  • have comprehensive health insurance in that country for your whole family

National authorities may not require your income to be above the level that would qualify your family for income support in that country.

Residence card

Your non-EU parents, other relatives or non-registered partner should apply for residence with the authorities (often the town hall or local police station) within 3 months of arriving.

To apply, they will need:

  • a valid national identity card or passport
  • your registration certificate or any other proof of your residence there
  • proof of a family relationship with you
  • proof they are dependent on you or there are serious health grounds requiring you to take personal care of them
  • for partners, proof of a long-term relationship.

They cannot be required to show any other documents.

The authorities should make their decision to issue a residence card or not for your non-EU parents, other relatives or non-registered partners within 6 months. If they do not do so, you can call on our assistance service.

If their application is rejected, they can appeal. The authorities must give them the decision in writing, stating all the grounds and implications and specifying how they can appeal and when.

If the application is accepted, they should be issued with a residence card. Residence cards are often issued free of charge (or for the same price as identity cards for nationals).

The residence card should be valid for 5 years (or for the planned length of stay, if shorter). You may need to report any change of address to the authorities.

In some EU countries, if your relatives or partner fail to register their residence, they may be fined.

Because your parents, other relatives or non registeredpartner might need to prove at any time that they are entitled to live in the country (for example, if stopped by the police), they should carry their passport with them at all times.

They can be fined or temporarily detained if they leave it at home, but they cannot be expelled just for this.

Equal treatment

During their stay, non-EU parents, other relatives or non-registered partner should be treated as nationals of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools etc.

Some EU countries may decide not to give students and their families a maintenance grant for studying before they qualify for permanent residence.

Sample story

No automatic residence for a sick relative

Joaquín is Spanish but living and studying in Hungary. His uncle Fernando, 85, who lives in Argentina, is seriously ill and, as his only living relative, Joaquín is the only person who can care for him.

Joaquín applied for a residence card for his uncle but the Hungarian authorities refused, on the grounds that his uncle is not a direct ascendant or descendant.

Joaquín asked the authorities to take into account the special nature of his uncle's situation. They agreed to do so, but couldn't guarantee a positive outcome because uncles don't have an automatic right of residence.

Request to leave / Expulsion

Your non-EU parents, other relatives or non registered partner may live in the EU country you are moving to if they continue to meet the conditions for residence. If they no longer do so, the national authorities can require them to leave.

In exceptional cases, your new country can decide to expel them on grounds of public policy or public security but only if it can prove they represent a very serious threat.

In both cases, the decision must be given to them in writing. It must state all the grounds and implications and specify how they can appeal and by when.

Death

If you were living in another EU country and died before acquiring permanent residence there (usually after living there for 5 years), your non-EU parents, other relatives or non-registered partner may stay, if they've been living there for at least 1 year before your death.

To be able to stay, your non-EU family members must also meet the same conditions for residence as EU nationals.

Check rights, conditions and formalities:

Permanent residence

After living legally in the other EU country continuously for 5 years, your parents, other relatives or non-registered partner automatically acquire the right of permanent residence there, in the same way as your spouse and children would.

Check how your spouse and children acquire permanent residence.

Still need help?

Footnote

In this case, the 27 EU member states + Iceland, Liechtenstein and Norway

Retour au texte en cours.

In this case, the 27 EU member states + Iceland, Liechtenstein and Norway

Retour au texte en cours.