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Family members of EU citizens

Third-country nationals who are family members of EU citizens derive their rights under the Directive (2004/38/EC) from EU citizens, the holders of the primary status. In principle, they do not enjoy any autonomous right to move and reside freely. Core’ family members have an automatic right of entry and residence, irrespective of their nationality.

The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:

  • Spouse
  • Registered partner
  • Cohabiting partner
  • A child (or other direct descendant) under 21 or who is economically dependant
  • Parents (or other direct ascendants) who are economically dependant
  • Another family member who is dependent on an EEA citizen for his/her support, or is part of the EEA citizen’s household, or whom an EEA citizen is required to take care of personally, for serious health reasons.

Please note that EU citizens residing in the Member State of their own nationality do not normally benefit from the rights granted by the Directive (as there is no element of free movement), for example a Swedish citizen living in Sweden do not hold a right of residence based on Directive 2004/38/EC in his/her home country, unless he or she returned to Sweden after having utilised the right of free movement in another Member State for a certain period.    

How to apply

You can apply for a short-stay Schengen visa (type C) which will allow you to enter and stay in Sweden and the Schengen area for up to 90 days.

Where family members decide not to make use of their right to lodge their application directly at the consulate but to use the services of an external service provider (VFS) or extra services, they may be required to pay for these services (service fee). Family members are exempted from paying the visa fee.

In the event that you wish to remain in the Member State for more than 90 days as a family member of a EU citizen exercising his/her free movement rights, you must apply (when in the Member State) for a Residence Card of a family member of an EU citizen.

Book an appointment

As a family member of an EU citizen, you also have the possibility to submit your visa application directly at the Swedish Embassy in Kenya.

Send an email to ambassaden.nairobi-visum@gov.se in order to receive an appointment. You will usually be given an appointment within a few working days.

More information

Directive 2004/38/EC

The Swedish Migration Agency on EES family members

EU-EEA family members- all countries 20240724

 

Last updated 14 Oct 2024, 11.36 AM