What are my rights to enter and live in another country?

Do I need a Visa to enter another country?

Many people move or travel to other countries on a regular basis, When is a visa required? The state in which a person intends to enter cannot demand that the person has a visa to do so or any equivalent form from anyone who is a European Union National.

A European Union national is a member of a country which is affiliated to the European Union. There are 27 countries currently part of the European Union and includes countries such as the United Kingdom, Greece, Spain, Italy, Belgium, Netherlands and Ireland.

The country of entry can demand such documentation from a non-union member and also family members of the person who has entered the country as a European union national.

The rights of a person moving from EU state to EU state

A person that wishes to move from one EU country to another has the right to enter another EU country, travel through that country and also reside there for a period of up to three months without the need for any form of permission.

The country upon which a person enters and now wishes to leave is obliged to allow the national and his family to leave the country freely, whenever they decided to do so, provided they have a valid passport and an exit visa if they are a national of the country they wish to leave.

A person has the right to be notified of any decision to expel or refuse their entry into the country and must also state the minimum period given to the person to leave the country which is not to be less than a term of one month under any circumstances.

Protection for people moving from one EU country to another

The following protections are offered to a citizen moving to another EU State:

  • The hosting member state is obliged to give a person moving to the country, the same assistance in relation to finding employment as they would a national of their own country.

  • The law prohibits any discrimination in any form on the grounds of a person’s nationality.

  • A person entering to reside in another member state has the right of equality in social advantages and tax advantages.

  • When a person works in another European Union country they are entitle to enjoy all the rights that a national worker would be entitled to.

The Rights of family members to enter, reside and leave the country they family member has already entered

To establish who is entitled to the forthcoming protection it will first need to be established who falls within the category of ‘family’. The term family is so broad it can cover a vast majority of relationships.

    For the purpose of this area of law ‘Family’ includes spouse, registered partners, descendants and ascendants. If the partner status is registered they will then have a status equal to that of a spouse. Considering the descendants and ascendants, these will be of the spouse and partner as well as the person on question. Members of the family may be of any nationality and includes Children under the age of 21years old and also children over the age of 21years old providing they are dependent on the worker. Where a couple are cohabitants and there is no legal recognition of their relationship, the courts will have the discretion upon whether or not to class the partner as a family member for the purpose of this law.

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For more information on:

  • Education of family members
  • Third country nationals
  • The right to remain in another EU country
  • Free movement of Lawyers
  • When can a state restrict entry?