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Amendment of EU Residence Regulations

January 2009 - Real Estate & Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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29-10-2008 - The Danish Ministry for Refugee, Immigration and Integration Affairs has amended the EU Residence Regulations. The amendment is based on the ECJ’s decision in Metock to overturn Irish family reunification provisions.

Marianne Granhøj
mg@norrbomvinding.com

The Danish Ministry for Refugee, Immigration and Integration Affairs has amended the EU Residence Regulations. The amendment is based on the ECJ's decision in Metock to overturn Irish family reunification provisions.

In Metock the European Court of Justice overruled an Irish law requirement that family members of an EU citizen must reside lawfully in another member state before they can apply for family reunification with a spouse living in a member state other than his/her own. Specifically, the Irish provisions required an African man to reside lawfully in another EU member state, eg England, in order to become eligible for family reunification with his British wife, who was living in Ireland. Click here to see our brief commentary on Metock.

The Danish EU Residence Regulations contained a similar requirement: family members of EU citizens from other EU member states than Denmark could seek reunification with their family in Denmark only if residing legally in an EU/EEA country or Switzerland.

With the amendment, the requirement of legal residence in an EU/EEA country or Switzerland has been lifted for family members and replaced by a requirement of actual and genuine residence in Denmark for the EU citizen with whom the family seeks reunification.

Also, provisions have been made to prevent abuse. More specifically, in cases of family reunification based on marriage, civil partnership or unmarried partnership, a declaration is required from both persons involved that the purpose of the partnership is not solely to obtain legal residence for the spouse/partner.

This information does not constitute legal advice and should not be relied upon as such

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