What Are Lily and Alvaro’s Rights of Residence in France?

Question from neal, What Are Lily and Alvaro’s Rights of Residence in France?

Answer from AI:

Understanding Free Movement of Persons in the EU

The European Union (EU) law provides for the free movement of persons, which allows EU citizens to live and work in any member state. This right is enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU). Additionally, Directive 2004/38/EC, also known as the Free Movement Directive, outlines the rights of EU citizens and their family members to move and reside freely within the EU.

Lily’s Rights as an EU Citizen

Lily, as a Dutch national, is an EU citizen and has the right to move to France to live and work. According to the Free Movement Directive, she can:

• Reside in France for up to three months without any conditions or formalities other than holding a valid identity card or passport.
• Stay for more than three months if she is employed, self-employed, a student, or has sufficient resources and comprehensive health insurance.

Alvaro’s Rights as a Non-EU Family Member

Alvaro, being a Cuban national and Lily’s partner, can also benefit from the rights provided under EU law, especially since they plan to get married. The Free Movement Directive extends rights to family members of EU citizens, including non-EU spouses. Here are the key points:

1. **Before Marriage:** As Lily’s partner, Alvaro may not automatically have the right to reside in France. However, some member states recognize long-term relationships akin to marriage. Lily should check if France has such provisions.
2. **After Marriage:** Once married, Alvaro will be considered a family member of an EU citizen. He will have the right to reside in France with Lily. He will need to apply for a residence card as a family member of an EU citizen.

Impact of Alvaro’s Employment Status

Lily is concerned about Alvaro’s employment status. Under EU law, Alvaro’s right to reside in France as Lily’s spouse is not dependent on his employment status. As long as Lily is exercising her treaty rights (e.g., by working in France), Alvaro can reside with her.

Relevant Case Law

Several cases have shaped the interpretation of these rights:

• Van Duyn v Home Office (Case 41/74): This case established that EU citizens have the right to move and reside freely within the EU, and member states must facilitate the entry and residence of family members.
• Angonese v Casa di Risparmio di Bolzano SpA (Case C-281/98): This case reinforced the principle of non-discrimination on the grounds of nationality, which is crucial for ensuring that EU citizens and their family members are treated equally in all member states.

Steps to Take

Lily and Alvaro should consider the following steps:

1. **Check French Immigration Rules:** Verify if France recognizes long-term partnerships for residence rights before marriage.
2. **Marriage Documentation:** Ensure all necessary documents are prepared for their marriage and subsequent residence application.
3. **Apply for Residence Card:** After marriage, Alvaro should apply for a residence card as a family member of an EU citizen.

When to Seek Legal Advice

While this information provides a general overview, Lily and Alvaro should consult with a legal professional for personalized advice, especially given the complexities of immigration law. A lawyer can help navigate the specific requirements and procedures in France.

For more detailed information, you can refer to the [Free Movement Directive](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0038) and the [Treaty on the Functioning of the European Union](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012E%2FTXT).

By understanding their rights and taking the appropriate steps, Lily and Alvaro can make informed decisions about their move to France.