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FAQs - EU spouses and children

I'm a Slovak national who joined my husband (working in Germany) 6 years ago. He died 2 months ago and I have no independent income - my husband's work was our only source of income. The German authorities said I must prove I have sufficient personal resources, but right now I don't. Do I have to return to Slovakia until I find a job? Open Close

NO - Under EU law, you can continue to live in Germany without any conditions because you've been living there legally for 5 years.

I'm Norwegian and am moving to Spain with my same-sex husband. How will the Spanish authorities treat him? Open Close

He should have no problems with residence in Spain, which recognises same-sex marriages.

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

I am Estonian and I came to Germany 3 years ago to live with my Estonian husband working there. We are now divorcing. Does that mean that I will lose my right of residence in Germany? Open Close

NO - You retain the right of residence in Germany even after the divorce as long as you are employed or self-employed or if you can demonstrate that you have sufficient resources and comprehensive health insurance. The same rules apply if your spouse leaves Germany, or in the event of his death.

I'm Hungarian, and moved to Austria 6 years ago to be with my Hungarian husband, who was studying there. Two months ago, he died. The Austrian authorities have told me that to qualify for permanent residence, I must prove I have sufficient resources to support myself (which I don't - we lived from my husband's savings). Are they right? Open Close

NO - You can continue to live in Austria because you've been legally resident there for 5 years. Your right of permanent residence is no longer subject to the condition of sufficient resources.

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EU legislation

Last checked: 04/08/2023
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