It Didn't Work Out: Citizenship through Marriage to a European and Divorce

Obtaining citizenship through marriage is a popular way to gain residency in European countries. Almost all EU countries support family reunification and offer simplified requirements for spouses of their citizens to apply for passports. It is important to understand that the foreign spouse will not immediately receive citizenship. Still, the naturalization process will be accelerated, and the visa will be granted under more lenient conditions.

Advantages of Obtaining Citizenship in the EU Through Marriage

Obtaining citizenship through marriage offers more advantages compared to traditional naturalization. One of them is the simplified procedure for acquiring a residence permit in a European country. Family reunification is already a sufficient basis for obtaining permanent residency. In contrast, to obtain a residence permit through employment or education, the applicant must first find a job and sign a contract, or enroll in an educational institution and receive confirmation.

If the applicant decides to change the type of residency permit, the naturalization period resets and the process starts from the beginning. With a residence permit for family reunification, this can be avoided.

Other advantages of obtaining citizenship through marriage in EU countries include:

• Simplified naturalization process. Local authorities in each country can make decisions on issuing a passport much faster. On average, citizenship in the EU through marriage can be obtained within 3 years.
• Retention of citizenship after divorce. If the foreign spouse has already acquired citizenship during the marriage, it cannot be revoked after the dissolution of the marriage.
• EU birth certificate for children. A child born in an EU country to a citizen automatically receives the same citizenship.

Ways to Obtain EU Citizenship Through Marriage

You can obtain an EU passport through a fiancé/fiancée visa or family reunification. In both cases, the foreign applicant will first be granted a residence permit. To retain this status and later apply for citizenship, the applicant must live in the chosen country for a certain period, as outlined by the country’s laws.

Citizenship for a Fiancé/Fiancée

To qualify for a permit, the hosting party must have sufficient financial resources to support the spouse. The living space of the fiancé/fiancée must meet the country’s legal requirements, typically around 9-12 m² per person. Additionally, the hosting party must have health insurance coverage.

Procedure for Obtaining EU Citizenship Through Marriage:

1. Obtaining entry permission: The candidate must apply for a national visa for “Marriage” and permanent residence in the chosen country. With the visa, the applicant enters the country to join the future spouse.
2. Marriage registration: The couple legally registers their marriage at a civil registry office, adhering to deadlines set by local laws.
3. Residence permit: Marriage to an EU citizen is a legal basis for obtaining a residence permit. The foreign applicant must collect and submit documents, including biometric data, to the immigration authorities. Upon approval, the applicant receives a residence card.
4. Co-habitation: The foreign spouse must live with their partner for about 2-3 years. In some countries like Italy and Finland, the period can be shortened if there are children.
5. Permanent residency application: The foreign spouse must prepare documents including a marriage certificate, residence permit, and a clean criminal record to apply for permanent residency.
6. Obtaining an EU passport: The applicant must personally visit the immigration office to apply for citizenship. After approval, they must pass a naturalization test and take an oath. After receiving the citizenship certificate, they can apply for an internal document and an EU passport.

Minors can apply for citizenship status, provided that one of the parents is a European citizen. To apply for citizenship for a child, the parents need to collect and submit the following documents:

• The child's birth certificate.
• The notarized consent of both parents to grant citizenship.
• The notarized consent of the minor applicant for granting citizenship.
• The child's residence permit card.

The filing of an application by a foreign applicant costs about 200-300 €, and the processing time can take up to 36 months."

This version reads a bit smoother while retaining the same meaning.

Family Reunification

Family reunification programs allow foreign citizens to move to a country where their closest relatives, such as a spouse, reside.

The family member must meet certain requirements, including sufficient living space (9-12 m² per person) and a stable income to support the family.

Foreign citizens must apply for a visa to enter the country, providing a passport and marriage certificate. If the partnership is not officially registered, other proof (utility bills, witness statements, cohabitation registration) is required.

Citizenship Application Process for Foreign Spouses:

1. Opening a national visa: The applicant enters the country for family reunification.
2. Resident status: The applicant must show proof of income, register at their place of residence, and have no criminal record. Health insurance and proficiency in the local language are also required.
3. Co-habitation: The applicant must live with their spouse for 2-3 years and provide proof of their relationship if necessary.
4. Citizenship application: The applicant submits a file, including the residence card based on family reunification, to the authorities.

The process can take up to 12 months, with fees ranging from €250 to €750, depending on the country.

Main Expenses for Obtaining Citizenship Through Marriage

The cost of obtaining European citizenship through marriage varies by country and can range from €300 to €500.

Key expenses include:

• Certified translation and notarization of all documents – €40-50.
• Legal assistance from migration lawyers – from €250.
• Government fees for application processing and passport issuance – €50-100.

Obtaining European Citizenship Through Marriage and Its Specifics

The procedures related to obtaining citizenship through marriage are governed by the national laws "On Citizenship" and "On Foreigners." These legislative acts are present in the legal frameworks of each country.

Foreign applicants and their family members can find information about their rights on the official website of the European Union. Family reunification is regulated by Directive 2003/86/EC. Applicants must meet several requirements, which are common across most EU member states.

An applicant seeking EU citizenship must meet the following criteria:

• Be of legal age – 18 years or older;
• Have no criminal record or convictions for serious crimes;
• Live in the chosen country for a certain period as the legal spouse of an EU citizen (in some cases, an officially unregistered partnership is allowed);
• Have proficiency in the official language of the country at a certain level;
• Have sufficient income or prove that the spouse can fully support the family financially;
• Prove that the marriage is not contractual or fictitious, and that the marital relationship is genuine.

Checking for Fictitious Marriages

It goes without saying that fictitious marriages are a criminal offense and are prosecuted by law. The police and immigration authorities are responsible for investigating the validity of marriages. Before granting a residence permit to a foreign applicant, the couple’s relationship will be thoroughly examined. As evidence, authorities may use interviews with neighbors, social media information, utility bill receipts, and more. Police or immigration officers may visit the couple’s registered address unannounced to verify cohabitation and shared life arrangements. They may inquire about the couple’s habits, interests, work details, and past experiences. If one spouse is absent, the inspectors may ask to see their personal belongings.

If the investigation reveals that the husband and wife live separately, even for a short period, this could result in denial of residency, annulment of status, and deportation.

Many fraudulent schemes involve the possibility of obtaining citizenship through a fictitious marriage. Fraudsters offer to arrange a fake marriage for immediate citizenship. In reality, the process is much more complex. The spouses will need to live together for 2-3 years before applying for citizenship. During this time, they must maintain a legal life and reside together continuously. Concealing the fictitious nature of a marriage for three years is almost impossible, a scenario that might work in films but certainly not in real life. These rules apply to spouses in all EU countries. In some countries, the rules are slightly more lenient, but this usually pertains to the duration of cohabitation.

Residence Permit Through Marriage – In Which EU Countries Is It Easier to Obtain?

When it comes to EU countries, it is helpful to know which member states have the least burdensome and fastest procedures for obtaining citizenship through marriage, due to less scrutiny and fewer checks by the authorities:

• Spain: You can apply for Spanish citizenship after just one year of cohabitation. If the marriage is found to be fictitious, penalties range from €100 to €10,000. The marriage will be declared void, and the foreign spouse will be deported.

• Italy: After the official registration of the marriage, the foreign spouse may apply for citizenship if they have legally resided in Italy for two years, or three years if living abroad. This period can be halved if the couple has biological or adopted children. During the first two years of marriage, the family may be subjected to several checks to verify the marriage is not fictitious. In the case of fraud or a fictitious marriage, the foreign spouse will face deportation.

• Portugal: A foreign citizen married to a Portuguese citizen for more than three years can apply for citizenship. To apply, a marriage certificate must be provided. If the marriage is not officially registered, a court-issued certificate proving the couple has lived together in a marriage-like situation for three years is required. If a fictitious marriage is detected, the Portuguese spouse could face criminal charges and up to five years in prison, while the foreign spouse will be deported.

Denials of Citizenship – In Which Cases?

At various stages of the EU citizenship process, applications may be denied. Common reasons include:

• The applicant did not submit all the original documents or failed to have them translated into the official language of the chosen EU country;
• The applicant provided false information or forged documents for citizenship;
• The citizenship application was submitted outside of the legally established time frame;
• The applicant has a criminal record, in which case marriage to an EU resident is not a guarantee of obtaining citizenship;
• The marriage was found to be fictitious or invalid;
• The applicant submitted an incomplete or improperly prepared document package;
• The applicant did not meet the minimum legal residency requirement for living in the country with a residence permit;
• The applicant works for the government or military structures of other countries;
• The applicant poses a potential security threat to the state and its residents.

To minimize the risk of denial, it is necessary to:

• Carefully review the citizenship process in the selected country, including requirements, time frames, conditions, and documents;
• Consult with specialized legal professionals who handle immigration matters. Experts at GARANT.in are available to provide consultations.

Divorce From an EU Citizen

The procedure for dissolving a marriage with a citizen of an EU country will depend on national legislation. EU Regulations No. 2016/1103 and 2016/1104 also apply, outlining the main provisions regarding the dissolution of marriage or civil partnerships, as well as issues concerning property division and child custody. Divorce can be granted by mutual consent in a civil registry office. A jointly completed application must be submitted along with the marriage certificate and identity documents.

If disputes arise between the spouses, they are resolved in court. After the divorce, the foreign spouse retains their acquired citizenship.

Dual Citizenship – What You Need to Know

When obtaining citizenship in an EU country, it is important to consider whether you can retain your original citizenship. Dual citizenship offers twice the privileges and opportunities. With two passports, it is easier for residents to live, find work, travel within the Schengen Zone and the European Union, and travel visa-free to other countries.

Not all EU countries recognize dual citizenship. For example, in Spain, only citizens from specific countries can retain both passports. Many countries require applicants to renounce their original nationality when acquiring citizenship in the chosen country. This is called second citizenship without retaining the first.

With two passports, a resident is a citizen of both countries and must comply with the rights and obligations of each.

If you have questions about obtaining EU citizenship through marriage or need legal assistance with any immigration matters, we invite you to a consultation. Timely legal support can help avoid problems when applying for and obtaining EU citizenship. Our specialists are familiar with the legal intricacies of EU countries and will help you gather the necessary documents, certify them, and submit them to the relevant authorities with the guarantee of a positive result. Don’t miss your chance for a new, promising future.