European Union-Residency Rights of Same Sex Spouses

What has changed?

On June 5, 2018, The European Court of Justice in Luxembourg ruled that although the Member States have the freedom to decide whether or not to authorize marriage between persons of the same sex, they may not obstruct the freedom of residence of an European Union (EU) citizen by refusing to grant their same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory. Previously, the former Eastern Bloc member states of Romania, Poland, Slovakia, Bulgaria, Lithuania and Latvia did not offer legal protection.

Who is affected?

Same sex married couples residing in Romania, Poland, Slovakia, Bulgaria, Lithuania and Latvia.

What to expect

As a result of this ruling, all non-EU citizens who become residents through same-sex marriage to EU Citizens will have residential rights including employment rights and health benefits which were previously denied to them.

What you need to do
Planning ahead

Contact your Emigra Worldwide representative for further details on how these updates may impact you or your client.