Immigration in Europe: basic rules
Luca Enrico Calabrese LLM,* Josephine Drydale intern at Family Law Italy**
EU Immigration Protocol
The European Union (EU) includes many countries in Europe and have unique rules surrounding immigration and changing citizenship of individuals and families. Below are some of the most important things to remember regarding regulation and law when moving across borders as an individual or moving family members to different locations in the EU.
Uniting your Family
Family reunification is defined as applying as a sponsor on behalf of your family members to enter the country and live with you.
The Family Reunification directive under EU law provides the basic rules for bringing families together. There may be specific rules for nations, so it is important to review their individual regulation as well.
You can apply for the process if…
- You have a residence permit issued for at least a year in an EU country (some countries require 2 or 3 years).
- You have reasonable prospects of staying in that country, defined by that country.
They can join you if…
- They are your marriage partner (same-sex marriage is recognized in some countries).
- They are minors that are children of you and your partner.
- If they are from a previous relationship, if the minor is your dependent and under your custody.
- You have consent from the other parent in the case of shared custody.
They are a minor if…
- They are not considered “lawful adults” in the country they are applying to enter.
- They are required to be unmarried.
- Adopted minors included.
Depending on the country, you may need to meet further qualifications with minors, such as…
- You and your partner must be a certain age, such as 21 or above.
Some EU nations will allow….
- An unmarried spouse.
- A registered partner.
- Your parents or spouse’s parents who are dependent and do not receive support from country of origin.
- Your or your spouse’s adult unmarried children who are dependent because of health.
Conditions to fulfill include…
- Health insurance.
- Adequate accommodation (house, food, etc.).
- Stable and sufficient financial support.
Their permits can be withdrawn or refused if…
- They fail to fulfill family reunification requirements.
- The family system ends.
- They use the wrong information.
- There is a present threat to public security, policy, or health.
It is important to know that Denmark and Ireland are under different regulation.
Becoming a Long-Term Resident
A long-term resident is defined as a citizen from outside the EU has been in the EU nation for five years and has been given similar rights to an EU citizen.
Conditions to fulfill include…
- Stable and sufficient healthcare.
- Health insurance.
If you want to leave the nation during the five-year period, your conditions to fulfill include…
- Spending less than six months at one time abroad.
- Your time does not add up to more than ten months abroad.
- If your time aboard was military service, maternity leave, research, or military service.
You may apply through the national authorities with proof in documentation of your length of residence.
I can lose long-term resident status if…
- I provided false documents.
- I pose as a serious threat to public security and policy.
- I have left EU territory for more than twelve consecutive months.
- I have become a long-term resident in another country.
Traveling in the EU as a non-EU citizen
The type of visa or permit you possess will determine the regulations that apply to your travel throughout the EU.
Short term travel- 90 days or less
With a Schengen visa, you can travel for 90 days in a 180-day time period and will not need to show a passport at internal borders of the Schengen area. The Schengen area is a borderless part of the EU that is made up of 22 EU nations. However, you will need a separate visa for Romania, Croatia, Bulgaria, Cyprus, and Ireland. The Schengen visa is required to enter the area from these nations.
Long-term travel- longer than 90 days
In order to reside for more than 90 days, a long-stay visa and/or a residence permit are required.
If your permit is issued in a Schengen area nation, you must…
- Justify the purpose of staying.
- Possess financial resources for arrival and return.
- Not be a threat to public security, policy, or health.
This visa allows you to enter and exit the Schengen area during your return to your original country of residence.
You will need a new residence permit if you choose to move to the new EU country.
In order to study, work, or bring your family to your new place of residence, more conditions will apply.
It is important to review national immigration protocol before attempting the process of traveling between EU nations, bringing your family into the EU, or becoming a long-term resident. They may have additional, specific rules that accompany the basics of EU immigration regulation. However, following the listed guidelines will make the process easier to understand. Please review the EU immigration portal on the EU webpage for more information.
* Luca E. Calabrese: Managers Relocation and Immigration for The Family Law Italy [email protected] www.familylawitaly.com
** Josephine Drydale: Italian and Political Science Minor (University of Arkansas) [email protected]
Work Cited
BRIZ, D. (2020, January 31). Already in the EU? Retrieved March 18, 2021, from https://ec.europa.eu/immigration/general-information/already-eu_en.