If you’re an EU citizen or a family member of one, learning your advantages and rights should be considered vital. This article will lead you through EU citizenship and the rights granted to family members, which will help you decide to move sounder to live, work, and study in the European Union.
Who Qualifies as an EU Citizen and a Family Member
This brings accumulative benefits to anyone, having an option of just living, working, and getting social services in other member states. If your family member is an EU citizen and you have an immediate one in the EU country where he/she lives, you can take advantage of being an EU member state. To be eligible, your status as their immediate or extended family member should be evident, in some cases supporting your dependency on them.
EU Citizens come from the following countries:
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Ireland
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Spain
- Sweden
While Iceland, Liechtenstein, Norway, and Switzerland are not EU members, they enjoy similar rights through the European Economic Area (EEA) and European Free Trade Association (EFTA) agreements.
Understanding Family Member Designations
As an immediate family member of an EU citizen, you fall into several categories:
- Spouse or registered partner of an EU citizen
- Dependent, unmarried child (under 21) of an EU citizen
- Parent of an EU citizen under 21 who relies on you for support
- Child, grandchild, or descendant dependent on an EU citizen due to inability to meet basic needs
- Parent, grandparent, or ancestor dependent on an EU citizen for basic needs
- Dependent immediate relative (child, parent, etc.) of an EU citizen’s spouse
Meeting Entry Requirements as a Family Member
The requirements to join an EU citizen depend on their circumstances:
- If your family member is working in the EU and is financially stable, you may need to prove your relationship and their ability to support you.
- Also, If one of your family is a pensioner or retiree, they must demonstrate self-sufficiency and adequate health insurance for you.
- If your family member is a student, they must be registered in an approved educational institution and financially capable of supporting you.
Enjoying Equal Rights
As an immediate family member of an EU citizen, you have the right to join them in their EU country of residence. Upon approval, you’re entitled to the same rights as the EU citizens themselves. This includes rights related to work, residence, social benefits, access to education, and the principle of equal pay.
The Path to Residency
If you’re planning to stay in an EU country for more than three months, a residence permit card is required. Apply for this card at the local city hall, an immigration office, or police authorities after you arrive. You’ll need:
- Valid passports for both you and your EU family member
- Proof of their EU residence
- Documents demonstrating your relationship, whether through marriage, birth, or dependency
- Evidence of long-term relationships for unmarried partners
- Proof of dependence if you’re a dependent child, grandchild, parent, or grandparent
- Documentation of health issues requiring support
The application process can take up to six months, during which you can stay in the EU even if your entry visa expires.
Pursuing Work and Education
As a family member of an EU citizen, you can work in the EU country that issued your residence permit card. No separate work permit is necessary, and you’ll enjoy the same taxation and social security benefits as nationals of that country. However, without a residence permit, working in the EU is not possible.
Similarly, once you have your residence permit, you can study at any educational institution in the country that issued it. However, for studying in a different EU country, a separate residence permit is needed.
Traveling and Moving Within the EU
With a residence card as an EU family member, you can travel to other EU countries with ease. Tourist stays of up to three months within six months are allowed. Moreover, you can travel to numerous non-EU/Schengen countries without requiring a visa.
Should you wish to move to a different EU country, obtaining a residence card in that country is necessary. For instance, if you are married to a French citizen and gain admission to a German university, a German student residence permit must be obtained.
The Road to Permanent Residency
After residing in an EU country for five years, family members of EU citizens can apply for permanent residency. This status grants security and is renewed automatically every ten years without additional requirements. Even if your family situation changes, such as through divorce, your permanent residency remains intact.
Handling Life Changes
- In case of life changes, such as the death of an EU family member or divorce, your residency may continue under certain circumstances:
- Also, In the event of your family member’s death, if you had lived in the host EU country for at least one year prior, you may continue your stay.
- In case of divorce, you can still reside in the host EU country if you meet certain criteria, including a minimum one-year prior residency and a marriage duration of at least three years.
Age Restrictions for Family Members of EU Citizens
1. Children
- Under 21 Years: Children of an EU citizen or the spouse of an EU citizen must be under 21 years of age to qualify as family members. This includes biological children, adopted children, and stepchildren.
- Dependent Children: Children who are over 21 can still be considered family members if they are financially dependent on the EU citizen or unable to support themselves due to health issues.
2. Parents
- Primary Caregiver Requirement: A parent can be recognized as a family member if they are the primary caregiver of an EU citizen who is under 21 years old. This means that the parent must live in the same household as the EU citizen.
3. Dependent Relatives
- Age Limit for Dependents: In some cases, dependent relatives (such as siblings or grandparents) may be considered family members regardless of age if they can demonstrate dependency on the EU citizen for financial support or care due to health reasons.
4. Special Provisions for Young Adults
- Up to 26 Years: For individuals who are systematically preparing for a future profession (like students), there are provisions that allow them to be recognized as dependents up to the age of 26, provided they meet specific criteria.
These age restrictions ensure that only certain family members qualify for rights associated with residency and benefits linked to EU citizenship.
Understanding your rights as an EU citizen or a family member is essential to ensure a smooth transition and enjoyable life within the EU. Whether it’s work, study, travel, or establishing permanent residency, knowing the rules will empower you to make the most of your experience.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the EU straightforward and successful. Whether you’re applying for a Blue Card or a Student Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit EU. You can call us today at +234 812 5505 986 to learn how we can help you.
