FAQs - Non-EU spouses and children

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

YES - As your family member, your husband has a right to live in the Germany and to take up employment or self-employment there.

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 Spain long enough before his death to acquire permanent residence there. However, our daughter (also Nigerian) is attending an Spanish school. Do we have to leave Spain now?

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.

I'm going to Holland for a 1-month language course. My same-sex wife, a non-EU national, who I married in Belgium, is coming with me. Does she have to go through any formalities?

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.

Last checked: 19/06/2023

FAQs - Non-EU spouses and children

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? Open Close

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

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? Open Close

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? Open Close

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? Open Close

My German husband died and I, as a Nigerian, had not lived with him in Spain long enough before his death to acquire permanent residence there. However, our daughter (also Nigerian) is attending an Spanish school. Do we have to leave Spain now? Open Close

I'm going to Holland for a 1-month language course. My same-sex wife, a non-EU national, who I married in Belgium, is coming with me. Does she have to go through any formalities? Open Close

See main information on this topic

EU legislation