The EU travel rules for non-EU family members of EU citizens are different to the general rules for other nationals of non-EU countries.

If you are a citizen of an EU country living in or or travelling to another EU country, your family can join you, including core family members who are not EU citizens.

Non-EU core family members include spouse, children, dependent descendants, dependent parents or dependent grandparents. It also applies to non-EU registered partners, however only if the country they are travelling to considers registered partnerships as equivalent to marriage.

What documents does a non-EU family member need to travel to an EU country with their EU family member?

Depending on which country the non-EU family member is from, aside from a valid passport from their home country, they may or may not need a visa.

A non-EU family member who is a citizen of a country who’s nationals are allowed visa free travel to the Schengen area will not need a visa, whereas a family member from a country where Schengen visa are required will.  The exception to this is where the non-EU family member holds a residency card issued by and EU country that is in the Schengen area.

For example a South African married to a German would need Schengen visa to travel to Spain with their spouse, however if they held a German residency card, they would not.

If a visa is required for a non-EU family member, according to EU rules it should be free of charge and processed under a fast track application procedure for core family members of an EU citizen.

A visa for a non-EU family member can be declined fir they fail to prove:

• they are a family member of the EU citizen
• that the EU citizen lives in or will travel to an EU country other than the country of their nationality
• they will join or accompany the EU citizen in that country

Additionally, EU countries have the right to refuse visa application for reasons linked to public policy, security or health, and reasons linked to abuse or fraud.

How long can a non-EU family member stay in an EU country with their EU family member?

Non-EU family members are entitled to accompany or join their EU family member without any conditions or formalities for consecutive periods of up to 3 months per EU country visited.  They are not subject to the overall limitation of up to 90 days in a 180-day period that applies in the Schengen area, i.e stays different EU countries can be combined without an overall time-limit.

So for example they could stay for 3 months in Spain, then 3 months in France consecutively, whereas other non-EU nationals would have to leave the Schengen area after a 3 months stay in Spain and would have to wait another 3 months before they could visit another Schengen country again.

Conditions of the EU rules on residence apply to non-EU family members of EU citizens visiting EU countries

EU citizen and non-EU family member staying in an EU country for up to 3 months

For stays less than 3 months, all that is needed is a valid passport and an entry visa for the non-EU family member if applicable.

EU citizen and non-EU family member staying in an EU country for more than 3 months

The applicable EU directive (2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004) allows each member state to set its own administrative and registration formalities for EU citizens of other EU countries coming to stay in their country for more than 3 months.  Articles 7, 8 and 9 cover residence for periods or more than 3 months and the administrative requirements that may be put in place.

While requiring the registration formalities is optional for each member state for EU citizens, it is are not optional for the their non-EU family member.

Article 9

Administrative formalities for family members who are not nationals of a Member State

1.   Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months.

2.   The deadline for submitting the residence card application may not be less than three months from the date of arrival.

3.   Failure to comply with the requirement to apply for a residence card may make the person concerned liable to proportionate and non-discriminatory sanctions.

If a member state has a requirement for registration for EU citizens for periods of residence longer than three months according to the directive ‘failure to comply with the registration requirement may render the person concerned liable to proportionate and non-discriminatory sanctions’.

What is the registration requirement for EU citizens and their Non-EU family members in Spain?

If the EU citizen and their non-EU family member family want to stay longer than 3 months in Spain, then the EU citizen is required to report their presence to the relevant authorities, and their non-EU family member must apply for a residence card.

In Spain the procedure for the EU citizen is an application for a ‘residency certificate‘ which is done at the National Police station.  This has to be done before the non-EU family member can apply for their residency card, as the EU family members residency certificate is required in their application.

Read more about getting a residency card for a non-EU family member of an EU citizen in Spain.