Directive 2004/38/EC - about the right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states
Who is covered by Directive 2004/38/EC?
Citizens of an EU or EEA member state who visit, live, study or work in a different member state.
The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children).
Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members
Family members (as outlined above), where the EU citizen has worked in another member state and now wishes to return to their “home” country to work.
Citizens of non-EEA countries who are not travelling with or joining family members who are EU/EEA citizen.
What is covered?
- Where a visa is required, member states shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge, as soon as possible and on the basis of an accelerated procedure.
No-cost, easy, fast issue of visas, priority appointments, limited number of supporting documents;
Easy right to stay for up to 90 days if so desired. EU citizens and their non-EU family can work if desired in this period.
Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self-sufficient.
Family members must be travelling with or joining the EU citizen, in which case they have the same free movement rights as the EU citizen. They do not, in general, have an independent right of free movement to new places.
Requirements for a visa (for family members of EU citizen)
For a visa to be issued on the basis of Directive 2004/38/EC the following requirements need to be satisfied:
- Proof that the visa applicant is a direct “family member” of an EU citizen (marriage or birth certificate or some combination) of the relationship).
- Proof that the visa applicant will be travelling with, or joining, the EU citizen for a visit or permanent move to an EU member state.
- All travellers require a passport (or a national ID card for the EU citizen).
- These are the legal requirements for all of the EU/EEA member states, including all Schengen members, the UK, Ireland, Romania and Bulgaria. They also apply for Switzerland.
- If the family member has a “Residence Card for a family member of an EU citizen”, then no visa is required. (Only the UK does not implement this).
