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

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.

This news alert was prepared using information provided by Immigration Law Associates.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.