FAQs - Non-EU spouses and children

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.

YES - As your family member, your husband has a right to live in the Germany and to take up employment or self-employment there.
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.
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.
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.
NO - Your husband's death should not affect either your or your child's right of residence provided you had resided in Spain for at least one year before his death. This condition does not apply if your child attends a school in Spain.

NO – In the Netherlands, she'll be treated the same as any other spouse.

For a stay of less than 3 months, all she needs is a valid passport (though she might also need a visa, depending which country she's from).

She might also have to report her presence in the country and should carry her passport at all times.

See main information on this topic

EU legislation

Last checked: 19/06/2023
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