There are only two official citizenship by investment programmes in the EU, in Malta and Cyprus. Malta recognises and allows the marriage of same-sex couples. You can read here more about the naturalisation processes of Malta and Cyprus.
If you want to become an EU citizen and later start a family reunification process for your same-sex partner or want to move to another Member State of the European Union to work or live, then it is good to know your spouse's rights.
First of all, EU citizens (citizens of any EU Member State) can move freely to live, work or study in the other Member States and the European Union facilitates the migration process. Your spouse, children and grandchildren can join, even in the case, when your family members are not EU citizens!
Your Non-EU citizen spouse, children and grandchildren can stay with you in another EU countries without any problems. If you plan to visit a jurisdiction for less than three months, then generally, your family members will need their valid travel document and depending on their country of citizenship, they may also need an entry visa. However, they have the right to obtain it. It is always good to move prepared, so the best practice is to check the relevant country's Consulate or Embassy if your family members need an entry visa and if so, how can they obtain it.
If your spouse or other family members have a valid residence permit from a country, which is part of the Schengen area, then they do not have to obtain the entry visa from the other Schengen area member countries.
Not all EU countries oblige the Non-EU citizen family members of an EU citizen to register or report their presence.
During your stay in the other EU country, your family will enjoy the "Equal treatment." It means that they will be treated as the citizens of the host EU Member State and this is a crucial issue for payments, benefits, access to employment and enrolment in the schools.
The Residence Card of the other EU country
If your non-EU family members wish to stay more than three months, they must apply for the registration and residence document of the host country (often immigration office, police station or town hall) within three months of arriving.
Your Non-EU citizen spouse, children and grandchildren may obtain the permanent resident status and permit of the host country, if they have lived there (registered) for five years.
Divorce of same-sex couples in the EU and the residency rights
Gay, lesbian, bisexual and transgender couples may not only marry or register their relationship in the EU but they can naturally also divorce. In the case of a divorce process, the Non-EU ex-spouse, children and the grandchildren may stay in the host country, even without becoming permanent residents, if they are there for more than one year and the registered partnership/marriage lasted for more than three years. Their legal status will still be the same as any other EU citizen residents.
Do you want to obtain citizenship in the European Union through investment programmes? Contact our experts for consultation here!