The Lounes Judgment: Important rights for family members of naturalised EU citizens
Many EU citizens move to Sweden to work, study, or build a life with their families. A common question is what happens to their family members' residence rights when an EU citizen later acquires Swedish citizenship.
The Court of Justice of the European Union (CJEU) addressed this issue in its Lounes judgment (Case C-165/16). The ruling has significant implications for families where an EU or EEA citizen has exercised their right to free movement and subsequently become a Swedish citizen.
What did the Lounes judgment establish?
Under normal circumstances, the residence rights of EU citizens and their family members are governed by the free movement directive. However, once an EU citizen acquires the nationality of the host member state, they are not considered EU citizens anymore for the purpose of thee free movement of persons and consequently fall outside the scope of the directive.
Despite this, in the Lounes case, the CJEU held that this does not mean that the rights of the EU citizen’s family members automatically disappear. As long as the individual retains the original EU nationality after naturalisation, family members may derive residence rights directly from Article 21 of the Treaty on the Functioning of the European Union (TFEU).
As the court explained, an EU citizen who has exercised free movement rights should not lose the ability to enjoy a normal family life merely because they later become a citizen of the Member State in which they reside.
Who can benefit?
The principles established in Lounes apply to family members of an EU or EEA citizen who:
- moved to Sweden under EU free movement rules;
- subsequently acquired Swedish citizenship; and
- retained their original EU nationality.
Importantly, it does not matter whether the family member joined the EU citizen before or after Swedish citizenship was obtained.
What rights can family members obtain?
Family members who derive residence rights under Article 21 TFEU may be entitled to:
- reside in Sweden on the basis of EU law;
- obtain a residence card;
- acquire permanent residence rights after meeting the relevant conditions; and
- benefit from protection against expulsion comparable to that provided under the free movement directive.
Furthermore, if the EU citizen had already acquired permanent residence before becoming a Swedish citizen, there is generally no requirement to demonstrate ongoing economic activity, such as employment or sufficient resources, in order for the family member to derive residence rights.
An important alternative to the free movement directive
The Lounes judgment demonstrates that EU citizenship rights extend beyond the free movement directive. Even where the directive no longer applies, Article 21 TFEU can continue to protect family unity and ensure that EU citizens are not discouraged from integrating into the host Member State through naturalisation.
Need advice on your Immigration status?
If you or a family member moved to Sweden as an EU or EEA citizen and later acquired Swedish citizenship, the Lounes judgment might be highly relevant to your situation. To determine whether residence rights can be derived under Article 21 TFEU in your case a detailed legal assessment is needed.