Notes FM Family Members

Question 0

Who is classed as a family member?

Answer 0

• spouse
• partner in registered partnership
• direct descendants under 21 or dependent
• dependent direct relatives in the ascending line

Question 1

Which directive deals with family members?

Answer 1

Directive 2004/38.

Question 2

What is the definition of spouse?

Answer 2

Means only marital relationships (Reed). Those separated but not divorced are also spouses (Diatta).

Question 3

Will divorce mean that the other party as a non-EU citizen lose their right to reside?

Answer 3

They will not in four situations:

• if they were married at least 3 years, 1 in the host state
• where he ex has custody of the children
• where it is warranted difficult circumstances (domestic violence)
• where the ex has right to access to a minor

Question 4

Others not falling into the category in Article 2 of Directive 2004/38 may be able to rely on Article3. What does this state?

Answer 4

That member states must facilitate entry and residence for various people without conferring family member status on them:

• if they are dependent or members of the household of the citizen or serious health grounds requiring personal care
• the partner of a citizen in a durable relationship (there is no case law on this, how long is sufficient)