News · European Union
Advocate General: without genuine residence, no derived right of residence arises for a non-EU partner
On 17 September 2026 Advocate General Laila Medina delivered her opinion in Case C-449/25 at the Court of Justice of the European Union. In her view, where a Union citizen has not established genuine residence in another member state, the non-EU partner does not acquire a derived right of residence under EU law.
Summary
In brief
-
Case: C-449/25, Serviciul pentru Imigrări al judeţului Bihor; press release No 129/26.
-
In 2024 a Romanian citizen travelled to Italy solely to enter a civil partnership with her British partner, then returned to Romania.
-
The Romanian authority refused the partner's residence for family reunification.
-
According to the Advocate General, Article 20 and Article 21(1) TFEU do not preclude the refusal.
-
The opinion does not bind the Court; judgment will be given later.
Background
What happened
According to the Court's press release No 129/26, in 2024 a Romanian citizen travelled to Italy solely to enter a civil partnership there with her British partner, and then returned to Romania. About six months later the British partner moved to Romania and applied for an extension of temporary residence on family reunification grounds; the Romanian authority refused, citing the non-recognition of same-sex civil partnerships and failure to meet the family reunification requirements.
Advocate General Medina proposes that the Court rule that Article 20 and Article 21(1) TFEU do not preclude the authorities from refusing a right of residence, because no genuine residence was established in Italy and no shared family life developed there. According to the release, the Advocate General's opinion is not binding on the Court; the judges are now beginning their deliberations and judgment will be given at a later date.
For you
What it means for you
- For family members: the EU rules on derived rights of residence presuppose genuine, effective residence in the other member state; according to the Advocate General, a short trip or a legal act alone is not enough.
- No judgment yet: the opinion is guidance and the Court may depart from it; we will report on the final ruling.
- A permit of your own: if you plan to move to Europe as a family member, also check whether you have an independent basis for residence; we help with this when you request a quote.
Sources
Sources
Last checked: