The European court of justice states that even whose Member States oppose the same-sex marriage have to recognise rights.
Melchior Wathelet, the advocate general from Belgium, announced that the gay spouses have equal rights in countries "even where governments were implacably opposed to same-sex marriage", according to the Guardian.
Such opinions from the advocate generals of the European Court of Justice (ECJ) are non-binding. However, are usually followed by the full court.
The precedent case arrived from Romania. Adrian Coman lived in the United States with his American husband, Claibourn Robert Hamilton; they married in Brussels in 2010. However, his home country prohibits gay marriage and does not allows registering any same-sex related relationship, as other six EU Member States from the 28 as Bulgaria, Latvia, Lithuania, Poland and Slovakia.
This case highlighted the residency and immigration rights of the LGBT couples in the European Union.
Wathelet stated that the governments could not impede the freedom of residence of any EU citizen by not allowing his or her spouse, citizen of a third (not EU) country obtaining the resident status as well. The explanation cleared that the EU law is neutral regarding the gender of the spouses.
One of the "four freedoms of the European Union" is the freedom of movement and its grant the right of obtaining the residence permit for the wifes or husbands of the EU nationals, without declaring the gender of the spouses.
The gender-neutral judgement, introduced by the ECJ regarding the rights of spouses from third countries created an utterly identical situation for the spouses. According to Wathelet, the societies of the EU Member States reached to allow same-sex marriage in most of the countries. That's why the case law definition of marriage, "a union between two persons of the opposite sex", is no longer appropriate.
What does it mean for the LGBT community?
The residence rights of the gay-spouses will be accepted in all EU nations. The ruling of the ECJ is not binding, the national courts or tribunals will have to issue their own decisions, but it will follow the conclusion of the European Court of Justice.
Practically, those wealthy immigrants of the LGBT community, who obtain citizenship through investment can not only marry in the European Union, but they can also provide the resident status for their spouses, through the same process as any heterosexual spouses from third countries. There are two citizenship by investment programs in Europe:
You can become a citizen of these two EU Member States through investment. Then or before, you marry your spouse, and he or she will receive the resident status as fast as possible. The whole process is simple and straightforward, so do not hesitate to contact us now!