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EU citizen’s family reunification. Right of EU citizen’s family members who are aliens to reside in EU

EU citizen’s family reunification. Right of EU citizen’s family members who are aliens to reside in EU

Family reunification is one of the grounds for a non-EU citizen to acquire a right to reside in the EU. Family members of EU citizens who reside, work, study or carry out any other activity in other EU country, who are not EU citizens, can obtain a permit to reside and move freely within a territory of EU without a visa.

The following persons shall be considered family members of an EU citizen:
- spouse/registered partner;
- direct descendants of an EU citizen having the right to reside in Lithuania, or direct descendants of his spouse/registered partner who are under the age of 21;
- dependent direct descendants of an EU citizen having the right to reside in Lithuania, or dependent direct descendants of his spouse/registered partner;
- dependent parents/grandparents of an EU citizen having the right to reside in Lithuania, or dependent parents/grandparents of his spouse/registered partner.
- A person who enjoys the right of free movement under legal acts of the European Union shall also be treated a family member:
- a person who is not a family member of an EU citizen but is a cohabiting partner with whom the citizen of the EU Member State has durable relationship during the past 3 (three) years;
- a person who is a dependant or a member of the household of the citizen of the EU Member State;
- a person whose serious health grounds strictly require a personal care provided by the citizen of the EU Member State.

In order to obtain a residence card of a family member of EU citizen, which can be issued for a period of 5 (five) years, an alien must submit the following documents:
- a valid passport;
- a certificate of EU citizen evidencing that an EU citizen resides in Lithuania;
- a proof of existence of family relationship (e.g., marriage certificate or birth certificate);
- in case of children and grandchildren, a proof will be required that they are under the age of 21 or are dependants of EU citizen;
- in case of parents and grandparents, a proof will be required that they are dependants of EU citizen;
- in case of other members of a family, a proof will be required that they are dependants or that their serious health grounds strictly require a personal care provided by EU citizen;
- in case of partners with whom a marriage has not been concluded, evidence of long-term or durable relationship will be required.

Family members who do not have EU citizenship, but intend to live in Lithuania, will have to declare their place of residence in Lithuania.

In the event that an EU citizen permanently resides only in his own country and has never exercised the right of free movement of EU law, his family members who are non-EU citizens coming to live with him shall be subject to national rules. In this case, family members in Lithuania should apply for an issue of temporary residence permit in the Republic of Lithuania.

 

MIGRATION LAW CENTER 

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