- April 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Questions about Recognition of Marriage in EU Countries
As a queer individual from Hungary, I have a question regarding the recognition of my marriage to a non-EU citizen in other EU countries. For example, if I were to marry in Germany instead of Hungary, where registered partnership is legal but marriage is not, would this marriage be recognized across the EU?
With the complexity of EU laws and regulations, it can be challenging to navigate the legal implications of such a situation. However, the use of AI Legalese Decoder can simplify and demystify the legal jargon, providing clear and concise information on the recognition of marriages in different EU countries.
## Spouse’s Rights and Permanence Residence
Furthermore, I am curious about the rights and opportunities that my spouse would have if we were to marry in Germany. Would they be able to apply for permanent residence in Germany and work legally in the country?
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## Seeking Reliable Resources
As I have struggled to find comprehensive resources on this topic, I am eager to access reliable information and guidance to better understand the legal implications of marrying a non-EU citizen in a different EU country. Links to credible sources and legal expertise would be greatly appreciated to help me navigate this complex legal landscape.
Overall, with the support of AI Legalese Decoder, I can gain clarity and direction in addressing my concerns and making informed decisions regarding marriage, residency, and immigration within the EU.
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FREE Legal Document translation
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Yes, it doesn’t matter if it’s recognised in your home country, it just needs to be valid in the country you got married in and recognised in the country you plan to live in. It’s a fairly common scenario.
As long as your marriage certificate is valid, the marriage is recognized in the country you register it in, and they don’t care about anything else.
I got married to my husband in Denmark. We are both non-EU citizens living in Germany. (We did not marry in Germany because it would involve a bureaucratic hell, Denmark is 1000% easier in that regard.)
So we got married – got back to Germany – registered our marriage in Germany – applied for spouse residence for my husband – he got it and he works without any restrictions.
We are still technically single in both our home countries and it’s a good running source of jokes.
The spouse residence permit is not a permanent residence, though it is easily renewable. Nonetheless, your partner may use this permit to live, work and eventually fulfill the permanent residence conditions to apply for it, even if he cannot qualify for the permanent residence permit right now.
Hungary recognizes same-sex marriage as civil partnership. Most other EU countries will recognize it as a marriage. And the spouse gets the same rights as any other family member within the EU.
Hungary legal advice: r/joghungary
Your question includes a reference to Germany, which has its own legal advice subreddit. You may wish to consider posting your question to /r/LegalAdviceGerman as well, though this may not be required.
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Yes. Article 17b section 1 in conjunction with section 4 of the Introductory Act to the Civil Code applies. According to this, contrary to different-sex marriages, the law of the country of residence applies instead of the law of the country of citizenship.
Additionally the general EU law applies that the spouse of an EU national also acquires free movement rights while accompanying the EU spouse. So it’ll probably be an easier process than it is for German citizens actually
https://www.gesetze-im-internet.de/englisch_bgbeg/englisch_bgbeg.html#p0115
Yes, as long as it’s valid in the country you intend to live in. He shouldn’t have any problems.
Yes, you need to see how the member state in question implemented the Freedom of Movement Directive, and you’re in luck Germany does reocognize civil unions registered in other countries. (Of course this is predicated on the fact that you are exercising your freedom of movement rights in Germany, i.e. working yourself. If you are not working it is still possible but then you’d need to look at the exact conditions of the Freedom of Movement Directive and how it has been implemented in Germany)
See Sec. 1 Subsec. 2 S. 1 No. 2 b)
[https://www.gesetze-im-internet.de/freiz_gg_eu_2004/__1.html](https://www.gesetze-im-internet.de/freiz_gg_eu_2004/__1.html)
Get married in Denmark or Gibraltar – these are destinations that make getting married as non-residents pretty straight forward (as in your non-EU partner). Your marriage will then be recognised as valid in other EU countries – here is the EU’s rules on then bringing your spouse over.
https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm