If your non-EU family members need an entry visa, they should apply for one in advance from the consulate or embassy of the country they wish to travel to. If they will be travelling together with you, or joining you in another EU country, their application should be processed quickly and free of charge. Countries which are members of the border-free Schengen area should issue visas within 15 days, except in rare cases, when the authorities should provide an explanation for their decision. All other countries (Bulgaria, Croatia, Cyprus, Ireland, Romania) should issues visas as quickly as possible. The documents your family members need to include in their visa application may vary from country to country. Before travelling, check with one of our lawyers.
During their first 3 months in your host country, your family members who are not EU nationals cannot be required to apply for a residence card confirming their right to live there - although in some countries they may have to report their presence upon arrival.
After 3 months in your host country, your non-EU family members must register their residence with the relevant authorities (often the town hall or local police station).
To obtain a residence card, they will need: a valid passport, your registration certificate as an EU national or any other proof of your residence in the country, proof of the family relationship with you such as a marriage or birth certificate. The authorities should make their decision to issue a residence card or not within 6 months.
Towards the end of their 5th year of continuous legal residence your non-EU family members should apply for a permanent residence card in the EU country where you live. The permanent residence card is often issued free of charge (or for the same price as identity cards for nationals). It should be valid for 10 years and is automatically renewable without any condition or requirement.
When applying for their permanent residence card, your non-EU family member must give proof that they've been living legally in the country for 5 years - for example, using a valid residence card issued 5 years ago.
If you have problems getting a permanent residence card for your non-EU family members, contact our team of lawyers today.
If a child of non-EU nationals is granted citizenship in an EU country, then the parents of that child have the right to reside within the EU and do not require work permits. Not granting these rights to the parents would be depriving the child of the genuine enjoyment of their citizenship rights under Article 20 of Treaty on the Functioning of the European Union (TFEU). Therefore, an EU Citizen who is living in the their Home Country and has never exercised their right of free movement, who is dependent on a third-country national, can utilise the Zambrano principle and argue that the third-country national is entitled to live and work in the EU Country.
The Van der Elst process derives from a 1994 ruling by the European Court of Justice regarding the right of an EU company to provide services within the EU. It generally allows a non-EEA national who is legally employed by a company in an EU country to provide services on a temporary basis to a company in another EU country on behalf of his/her employer without the need to obtain a work permit. In general, "temporary" means that an employee should be required in the host EU country on a short term basis only.
Schengen refers to the EU passport-free zone that covers most of the European countries. It’s the largest free travel area in the world. A Schengen visa is a short-stay visa that allows a person to travel to any members of the Schengen Area, per stays up to 90 days for tourism or business purposes. The Schengen visa is the most common visa for Europe. It enables its holder to enter, freely travel within, and leave the Schengen zone from any of the Schengen member countries.
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