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A family member of an EU/EEA/Swiss citizen who is in possession of a residence permit indicating their status is exempt from the requirement to hold a visa when entering the European Union, European Economic Area or Switzerland when they are accompanying their EU/EEA/Swiss family member or are seeking to join them. [376]
The introduction of a European form of citizenship with precisely defined rights and duties was considered as long ago as the 1960s", [12] but the roots of "the key rights of EU citizenship—primarily the right to live and the right to work anywhere within the territory of the Member States—can be traced back to the free movement provisions ...
The residence card should clearly state that the holder is a family member of an EU national. People who aren't EEA citizen family members but have a residence permit in the EEA for other reasons will get a similar residence permit card. Holders of an EU family member's residence card don't need to obtain a visa in the entire EU.
Total - Countries with some form of recognition of same-sex unions — — 502,747,040 (58.1% of the European population) No recognition (8 countries) † As part of the European Union, is legally bound to provide residency rights to foreign same-sex spouses of EU citizens in compliance with case C-673/16 of the European Court of Justice ...
For spouses applying for the visa, Germany requires the marriage certificate of the couple, proof of basic German language skills, a copy of the spouse's passport (if they are an EU citizen) or residency permit (if they are not an EU citizen). [6]
The marriage must have lasted for a minimum of 5 years. The spouse applicant must also have lived in Austria with a settlement permit (Niederlassungsbewilligung) for a minimum of 6 years. This entitlement scheme is the most restrictive among all the European Union member countries regarding foreign spouses obtaining the member state's citizenship.
Article 4(d) provides that neither marriage nor dissolution of marriage shall automatically affect the nationality of either spouse, nor shall a change of nationality by one spouse during marriage automatically affect the nationality of their spouse. Common practice among states at the beginning of the 20th century was that a woman was to have ...
Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne is a 2018 case of the European Court of Justice (ECJ) that affirmed residency rights in EU countries (that do not recognise same-sex unions), to the spouse of an EU citizen who is exercising their right to freedom of movement and if the marriage was legally performed in an EU member state.