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EUROPEAN UNION – European Court of Justice Rules that EU Countries Must Recognise Residence Rights of Same-Sex Spouses

, 14/06/2018

On 5 June 2018, the European Court of Justice (ECJ) ruled that all European Union Member States must recognise the residence rights of non-EU national same-sex spouses of EU citizens who were married in another Member State.

Background

In the case of Coman and Others (C-673/16), the US-national same-sex spouse of a Romanian citizen, married in Belgium, was refused the right to family reunification in Romania, as Romanian law does not recognise same-sex marriage. The Romanian Constitutional Court asked the ECJ for advice.

Action Items

EU citizens with non-EU national same-sex spouses, who are considering exercising their freedom of movement rights within the EU, should consult an immigration specialist for specific advice.