#62024CJ0560EU Court allows checks on alleged marriage fraud after naturalisation
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
EU countries may investigate whether a person used a marriage of convenience to obtain residence rights as the family member of an EU citizen, even if that person later became a national of the host country. The judgment matters for immigration authorities, naturalised citizens, and EU-citizen family members. It confirms that later naturalisation does not automatically shield earlier residence applications from fraud checks, but any action must still respect EU safeguards and the person’s rights.
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Key Changes
- Confirms that national authorities may examine alleged marriage fraud linked to earlier EU family residence rights after the person has naturalised
- Clarifies that later citizenship does not erase the relevance of possible abuse in a previous residence process
- Requires fraud-related action to remain within EU law safeguards and respect individual rights
Obligations
What this law requires
Article 35 of Directive 2004/38/EC permits competent national authorities to investigate whether a third-country national obtained a derived residence right as the family member of an EU citizen through a marriage of convenience, even after that person has later acquired nationality of the host Member State.
Later naturalisation of a third-country national does not automatically prevent national authorities from examining whether an earlier residence application under Directive 2004/38/EC involved fraud or abuse of rights.
Any national action taken in response to suspected fraud or abuse under Article 35 of Directive 2004/38/EC must respect the safeguards and rights protected by EU law.