EU family members: visa & free movement for third-country partners

Whether the third-country partner of an EU citizen goes through a simple or a strict procedure depends on two situations. They are often confused, and the difference is big.

Two cases to distinguish

If the EU citizen lives in their own country — say a German in Germany — national law applies: AufenthG (Residence Act) §§ 27 ff., spousal reunification § 30, with A1 and secured subsistence.

If, by contrast, the EU citizen makes use of free movement and lives in another EU state (say a German in Spain), EU law applies: Directive 2004/38/EC.

What applies under EU law

Family members — spouses, registered partners, children, where applicable dependent relatives — may move with them or join them. The visa is issued free of charge, on the basis of the proof of family status and the identity documents, and should come as soon as possible in the accelerated procedure. A1 is not required, and neither is proof of secured subsistence as in national family reunification. Prior lawful residence is not required (CJEU, Metock, C-127/08).

For stays of more than three months, the residence card in the state of residence is added. The application is filed within three months of entry; the right of residence derives directly from the Directive.

Which authority and documents

The application goes to the representation of the EU state in which the EU citizen lives. Typical documents are the marriage certificate with legalisation or apostille and translation, the passports and proof of the EU citizen's residence or employment. Distinguish between a short stay (under three months) and a long stay with a residence card.

When national law still applies

If the EU citizen has never moved to another Member State, there is no free movement link — national law continues to apply. A move on paper only does not help: the authorities check whether free movement is actually exercised.

What to watch out for

Document the family relationship clearly, that is marriage or registered partnership, with translations. Check the nationality of the EU partner — the EU, EEA and Switzerland each have their own rules. Third-country national partners continue to be recorded biometrically (VIS). And keep to the deadlines for follow-up requests.

What the national route looks like alongside is in the article Spousal reunification. Those who submit often do not know what a visa centre may do — more on that: VFS Global & visa centres.

Note: general information, not advice. The information of the competent authority or representation is decisive. Last updated: 16.10.2026.

Sources

Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A32004L0038
CJEU, Case C-127/08 (Metock) — right of residence of family members without prior residence: https://curia.europa.eu/juris/liste.jsf?num=C-127/08
AufenthG (Residence Act) §§ 27 ff. (family reunification; distinction from EU law): https://www.gesetze-im-internet.de/aufenthg_2004/