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Updated : 29/09/2014

Non-EU family members – Faq

  • If I go to another EU country to work for a month, does my non-EU wife, who will be coming with me, have to undertake any formalities?

    NO - To live with you there for less than 3 months, she does not need to register with the authorities, though she might be asked to report her presence. However, she should carry a valid passport at all times - this is sufficient to give her right of residence.

  • I'm German and going to work as a doctor in Holland. My registered partner, who's Mexican, will be coming with me. Will she be treated as my spouse for the purpose of residence formalities?

    YES - When it comes to residence rights, registered partners enjoy full rights in Holland. The formalities will be the same as if you were married.

    However, not all EU countries treat registered partners in the same way - in these countries, your partner's right to stay is not automatic and will be assessed by the national authorities on a case-by-case basis.

  • I'm a Bulgarian doctor and have found a job in a Hungarian hospital. My half-brother, a Russian national who's been living with me and my parents in Bulgaria since he was a child, would like to accompany me to Budapest. Does he have an automatic right of residence in Hungary, as a family member of an EU national?

    NO - Because he is not your dependent direct ascendant or descendant but if the Hungarian authorities refuse residence, they must justify it, which they can do only after extensive research into your personal relationship with your half-brother.

  • I am a Greek national living and working in the UK. My Tunisian husband will join me shortly. Will he have a right to live and work in the UK?

    YES - As your family member, your husband has a right to live in the UK and to take up employment or self-employment there.
  • I'm Hungarian and live in Slovakia. The national authorities have recognised the right of my Ukrainian brother to stay with me in Slovakia. Will he also be able to work here, even if he is not an EU citizen?

    YES - If the authorities have recognised your brother’s right to stay with you in Slovakia, then he will enjoy the full rights applying to your family members, on an equal footing with, for instance, a spouse. He is entitled to take up employment or self-employment in Slovakia.
  • My wife and I are Columbian nationals residing in Belgium. Our youngest daughter was born in Belgium and is a Belgian national. Could we rely on her rights as an EU citizen to stay and work in Belgium?

    YES - Since you are the primary caregivers for your daughter, who is an EU national, you have a right to reside and work in Belgium - provided that not granting you this right would force the whole family out of the EU.
  • My wife and I are Chinese but our son, aged 7, was born in Ireland and is an Irish national. Can we rely on his right of free movement within the EU and move to Germany as a family?

    YES - As parents you are responsible for your child and you may decide that it is in his best interests, for instance for his upbringing and education, to move to Germany, and settle there with him. However, to settle in Germany, you would need to show that the family has sufficient resources not to become a burden on the German social assistance system and comprehensive health insurance cover.
  • I am Brazilian and our whole family came to France where my Portuguese husband was working. We divorced right after our arrival in France. Do I retain the right of residence in France if I have custody of our 6 year old child?

    YES - You retain the right to reside in France, the country of residence of the child, provided that you have custody of the child by agreement with your husband or by court order. The same would apply if the father is granted custody, but you have the right of access to your child and the court ruled that access to the child must be in France.
  • My German husband died and I, as a Nigerian, had not lived with him in the UK long enough before his death to acquire permanent residence there. However, our daughter (also Nigerian) is attending an English school. Do we have to leave the UK now?

    No. Your husband’s death should not affect either your or your child's right of residence provided you had resided in the UK for at least one year before his death. This condition does not apply if your child attends a school in the UK.

 

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