The European Union (EU) is known for its commitment to free movement and integration, allowing EU citizens and their family members to live, work, and travel freely across member states. However, when it comes to third-country nationals (TCNs) who are family members of EU citizens, navigating their rights can be complex.
A third-country national (TCN) refers to a person who is not a citizen of an EU member state, Norway, Iceland, Liechtenstein, or Switzerland. If a TCN is a family member of an EU citizen, they can benefit from certain rights under EU Directive 2004/38/EC (the Free Movement Directive) and other legal provisions.
This guide will provide a comprehensive overview of:
- Who qualifies as a TCN family member
- Rights under EU law
- Residence and work rights
- Travel and visa regulations
- Family reunification processes
- Challenges and how to address them
By understanding these rights, TCN family members can better navigate their legal status and secure their place within the EU.
Who Qualifies as a TCN Family Member Under EU Law?
EU law defines family members of EU citizens under Directive 2004/38/EC. These individuals are granted specific rights if they accompany or join their EU citizen family member in an EU member state other than the one of the citizen’s nationality.
1. Core Family Members (Automatic Rights Under EU Law)
These family members are entitled to residency and other benefits:
✔ Spouse (legally married partner)
✔ Registered partner (if the host country recognizes the partnership as equivalent to marriage)
✔ Children under 21 years old (including stepchildren or adopted children)
✔ Dependent children over 21 (if financially dependent on the EU citizen)
✔ Dependent parents or grandparents (both of the EU citizen and their spouse/partner)
2. Extended Family Members (Discretionary Rights Under EU Law)
Member states may grant residence rights to:
✔ Unmarried partners in a durable relationship
✔ Relatives in the household of the EU citizen
✔ Relatives requiring serious personal care due to health conditions
While core family members have automatic rights, extended family members must prove their relationship and dependency before being granted residency rights.
Residence Rights for TCN Family Members in the EU
1. Short-Term Stay: Up to 90 Days
TCN family members have the right to enter and stay in an EU country for up to 90 days within a 180-day period, as long as they accompany or join their EU citizen family member.
Visa-Free Travel for TCN Family Members
- If a TCN family member holds a valid residence card issued by an EU country, they can travel visa-free within the Schengen Area.
- If the TCN family member does not have a residence card, they may need a Schengen visa, which should be processed free of charge and on a priority basis.
2. Long-Term Stay: More Than 90 Days
For stays exceeding three months, TCN family members must apply for residence rights under Directive 2004/38/EC.
Residence Card for TCN Family Members
- TCN family members must apply for a residence card within the first three months of arrival.
- EU countries are required to issue the card within six months.
- The card is usually valid for five years or for the duration of the EU citizen’s planned stay.
Documents required for a residence card application:
✔ Valid passport
✔ Proof of relationship (marriage or birth certificate)
✔ Proof of dependency (for dependent parents or children over 21)
✔ Evidence of the EU citizen’s residence in the country (employment contract, rental agreement, etc.)
Work and Social Rights for TCN Family Members
1. Employment Rights
TCN family members have the right to work or be self-employed in the host country without needing a separate work permit.
This means they can:
✔ Apply for jobs freely
✔ Start a business
✔ Access vocational training programs
2. Equal Treatment and Social Benefits
Once a TCN family member legally resides in an EU country, they must be treated equally to local citizens regarding:
✔ Social security benefits (e.g., healthcare, child support)
✔ Education and professional training
✔ Housing assistance
Family Reunification Under EU Law
Family reunification allows TCNs to join their EU citizen relatives in an EU member state. The process differs based on whether the EU citizen is moving within the EU or residing in their home country.
1. Family Reunification Within the EU (Directive 2004/38/EC)
- If the EU citizen moves to another EU country, their TCN family members have automatic residence rights under the Free Movement Directive.
- There are no income or housing requirements for the EU citizen.
2. Family Reunification in the EU Citizen’s Home Country
If an EU citizen wishes to bring a TCN family member to their home country, national laws apply, not the Free Movement Directive.
Some countries impose stricter requirements, such as:
✔ Minimum income requirements
✔ Language proficiency tests
✔ Integration courses
However, EU case law (e.g., the Chen and Zambrano cases) has made it easier for EU citizens to claim family reunification rights in their home country.
Travel Rights of TCN Family Members in the EU
Once a TCN family member obtains a residence card, they can:
✔ Travel visa-free within the Schengen Area
✔ Travel with the EU citizen to other EU countries
✔ Stay in another EU country for up to 90 days without additional paperwork
For long-term stays in another EU country, the TCN must apply for residence rights in that country.
Permanent Residency and Citizenship
1. Permanent Residence
TCN family members can apply for permanent residence after five years of uninterrupted legal residence in an EU country.
Key benefits of permanent residency:
✔ No need to prove dependency
✔ Retain rights even if the EU citizen leaves the country
✔ Unrestricted access to employment and social benefits
2. Citizenship Through Naturalization
After obtaining permanent residence, TCN family members may qualify for citizenship through naturalization, depending on national laws.
Some EU countries offer faster naturalization for TCNs married to EU citizens, typically reducing the residency requirement to 3–5 years.
Challenges Faced by TCN Family Members
1. Bureaucratic Delays
- Some EU countries delay issuing residence cards beyond the six-month deadline.
- Applicants may need to file complaints or seek legal support.
2. Recognition of Partnerships and Family Ties
- Some EU countries do not recognize civil partnerships or extended family ties.
- This can make it harder for unmarried partners or dependent relatives to secure residency.
3. Discrimination and Administrative Hurdles
- Some TCNs face discrimination when accessing work, housing, or social benefits.
- Knowing EU rights and local legal support options is crucial.
Conclusion
TCN family members of EU citizens enjoy significant rights under EU law, including:
✔ Residence and free movement rights
✔ Work and social benefits
✔ Family reunification opportunities
However, bureaucratic challenges and national variations in implementing EU law can make the process complex. Understanding legal protections, required documents, and available support can help TCN family members secure their rightful place in the EU.
For those planning to live with an EU citizen relative, careful planning and awareness of residency requirements, work rights, and family reunification processes are key to a smooth transition and long-term security in the EU.
