Family members of an EU citizen who have a permanent residence permit do not need to apply for a visa to stay in another EU Member State. A residence permit is also seen as proof of the status of family member of an EU citizen. The EU Court replies to questions from a Hungarian judge.
This is the judgment of the EU Court of 18 June 2020 in Case C-754/18, Ryanair Designated Activity Company v. Országos Rendőr-főkapitányság.
The case concerns a Ukrainian passenger of the airline Ryanair who wanted to travel from the United Kingdom to Hungary without a visa. The passenger was in possession of a passport and permanent residence permit issued by the United Kingdom. The Hungarian police put the passenger on a flight back to London and fined Ryanair. Ryanair subsequently initiated legal proceedings against the fine in Hungary.
The referring court asks the EU Court of Justice whether the Directive provides that holders of a permanent residence permit no longer need to apply for a visa. The court also asks whether this also applies to citizens of third countries who have a permanent residence permit from an EU member state. Finally, the judge asks whether such a residence permit is sufficient to establish the status of family member of an EU citizen.
The jugment of the EU Court
The EU Court confirms that, in principle, the Directive exempts only family members of EU citizens with a residence permit from the requirement to apply for a visa. However, according to the EU Court, it is clear that after a general reading of the Directive, it must be concluded that the legislator intended to extend this visa waiver also to family members of EU citizens with a permanent residence permit.
According to the Court, the purpose of the directive is to promote the integration of EU citizens and their family members. This would be counteracted by requiring family members of EU citizens to re-apply for a visa after obtaining a permanent residence permit.
The EU Court does point out that a permanent residence permit can only be obtained if a person has already had a residence permit and lived in an EU Member State for more than five years.
Since the Directive applies to all Member States, the exemption applies to all family members with a residence permit. It does not matter whether the residence permit was issued by a Member State within or outside the Schengen area.
Such a permanent residence permit should only be issued to family members of EU citizens. Therefore, a residence permit is also sufficient to establish the status of family member of an EU citizen.
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NAZALI TAX & LEGAL |