The
Community right to accompany or join the
Union citizen in the host Member State is
granted to the following family members:
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The family members, who are Union citizens themselves, have the right of entry in their capacity as Union citizens, as described in detail in the relevant fact sheet.
THE RIGHT TO HAVE THE ENTRY FACILITATED
Other family members such as siblings, cousins, aunts and uncles and other relatives have the right to have their entry and residence facilitated by the host Member State if they are dependants or are members of the household of the Union citizen having primary right of entry and residence or where serious health grounds strictly require personal care by the Union citizen. This could be the case as well of non-dependant parents or children of more than 21 years if they live with a Union citizen in one household.
Registered partners of a Union citizen enjoy the same right in the Member States, which do not treat registered partnerships as equivalent to marriage. The same goes also for partners with whom the Union citizen has a durable duly attested relationship. This concept of partnership covers same and different sex partnerships and de facto partnerships, such as cohabitation.
This group of family members and partners has no "automatic" Community right to accompany or join the Union citizen
the Member States are obliged to undertake an extensive examination of their personal circumstances and refusal of entry and residence to those family members must be justified, notified in writing and is subject to an appeal.
Moreover, if the host Member States decide to recognize the right of entry and residence of such persons, they must treat them equally to all other family members with an "automatic" Community right of entry.
If for justified reasons they are denied entry, they do not benefit from Community right to accompany or join the Union citizen in the host Member State. However, they might still have the right to enter under the national legislation of the host Member State.
RULES ON DOCUMENTS REQUIRED
| Community legislation provides that family members who are not Union citizens themselves and who accompany or join him/her in the host Member State have the right to enter any EU Member State with a valid passport. |
The immigration officers are entitled to check the validity of your passport.
The border control must respect your fundamental rights and your dignity.
Beside the requirement to hold a valid passport, there might be only one additional condition.
YOU MIGHT BE REQUIRED TO HAVE AN ENTRY VISA
| Family members holding nationality of certain countries, which are subject to visa obligation, may be required to have an entry visa. |
It is not allowed to require any other type of visa, such as residence or family reunification visa.
Possession of the valid residence card, referred to in the relevant fact sheet, issued by any Member State, exempts you from the visa obligation not only in the Member State which issued the residence card, but in all Member States.
If you are national of a state that is subject to the visa requirement, you should apply for such a visa in the country where you come from or with which you have a link (e.g. you reside there).
The Member State of destination should grant you every facility to obtain the necessary visa, which shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. In any event, even in the most difficult cases, the visa should be issued no later than a couple of weeks following the date of application.
As your right of entry is derived from your family ties with a Union citizen, all the Member State consular officials can ask you to produce for the visa application is your passport and a document establishing the family ties with a Union citizen, such as marriage or birth certificate and proof of dependence, where applicable.
YOU ARE NOT REQUIRED TO HAVE AN ENTRY VISA AS YOU ARE NATIONAL OF A STATE THAT IS NOT SUBJECT TO THE VISA REQUIREMENT
If you are not subject to the visa requirement, as your right to accompany or join a Union citizen in the host Member State is granted to you on grounds of your family link with him/her, you might be required to prove the family link by any unequivocal means.
OTHER RIGHTS
When travelling with your children who are not Union citizens themselves, they can accompany you with their own passport or if they are included in your passport.
Your right to enter may be restricted only on grounds of public policy, public security or public health. For more information on this, please consult the relevant fact sheet.
WHAT YOU NEED TO KNOW
The above rules on crossing the borders are without prejudice to the more favourable treatment under Schengen rules, which have suppressed border controls at common internal borders.
Removal of border controls means that passports no longer have to be shown when crossing borders between Schengen Member States
However, you are obliged under Community law to have your passport with you in order to travel to another Member State.
In addition, these states have retained the right, on the basis of their national legislation, to carry out identity checks throughout their territory as part of police duties. The national legislation defines whether you should carry an identity card or a valid passport.
Immigration officers at the border may not:
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affix an entry stamp in your passport on arrival when you present the residence card;
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ask you to produce any documents other than a valid passport with a visa, where applicable, and documents attesting to your family link with a Union citizen, such as to furnish proof of means to support yourself, travel tickets, employment certificate, pay slips, bank statements, proof of accommodation, means of subsistence, medical certificate …
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ask you how much money you have to spend;
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ask you questions regarding the purpose and duration of your trip.
Consular officers issuing the visas may not:
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ask you to produce any documents other than a valid passport and documents attesting to your family link with a Union citizen and proof of dependence, where applicable, such as to furnish proof of means to support yourself, travel tickets, employment certificate, pay slips, bank statements, proof of accommodation, means of subsistence, medical certificate …
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ask you how much money you have to spend;
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ask you questions regarding the purpose and duration of your trip.
