EXEMPTION FROM THE TRAVEL BAN TO EU BASED ON BEING A PARTNER/EU FAMILY MEMBER - MOŻLIWOŚĆ WJAZDU NA TERYTORIUM POLSKI CZLONKOW RODZIN/ PARTNEROW OBYWATELI UNII EUROPEJSKIEJ
In march 2020 many countries closed their borders and since the beginning of the pandemic there is no significant change in their policies. However, few exceptions might be found, which can help unmarried couples to be an exception from the travel ban. One of them is being a family member of a European Union citizen. Lately we saw a lot of inaccuracies in an interpretation of that rule. There were different interpretations in different member states, people tried to write to border control and ask to be admitted. Thus, in terms of clarification, two categories has to be highlighted:
1. Entities who exercised their right to “free movement”
Right to free movement is defined by European Union Law as the right of EU citizens and legally-resident third country nationals (in accordance with article 45 of the Treaty Establishing the European Community) to move and reside freely within the territory of the EU member states.
If a person exercised their right of free movement, in particular those who reside in a Member State other than that of their nationality, the Council Reccomendation’s definition of who is a family member must correspond to the definition in the Free Movement Directive. According to which member states must facilitate entry of unmarried partners with whom EU citizen “have a durable relationship, fully attested”. Member states may establish their own definition of what durable relationship means, especially minimum length of time as a criteria. However - the most important criteria, the hardest to prove is if the citizen of the European Union exercised his right of movement to be a beneficiary of this regulation. To sum it up - If you ever used your right to “free movement”, your partner may benefit from this exception, European Union Law will help you. Contact us, if you have any questions regarding european regulations, and curious if you are eligible for it.
2. Entities who did not exercise their right to “free movement”
People who did not exercise their right to “free movement” shall be a subject of polish regulations (or other country of their residency). Currently Poland does not provide a “sweetheart” exemption, only legalized marriage can help you to enter while travel ban is still in order.