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

June 13, 2018

On 5th 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.


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.

Our Advice

EU citizens with non-EU national same-sex spouses, who are considering exercising their freedom of movement rights within the EU, should consult their Newland Chase immigration specialist for specific advice.

For general advice and information on immigration and business travel to countries in the European Union, please email us at [email protected].