Do unmarried partners of French and EU citizens have the same rights as married ones?

Reader question: Is there any significant difference with regard to moving to France for a non-EU citizen who is married to an EU citizen as opposed to just being long-term partners?

Yes, there is a significant differences in terms of the rights and administrative procedures. 

A spouse is recognised as having EU freedom of movement and thus has the right to join their EU spouse in another member state. 

This applies to both married partners and civil partners (if the EU member state sees these as equivalent to marriage, as is the case in France), both of whom can be classed in EU rules as ‘family members’.

Other ‘family members’ for these purposes include children under 21 and dependent parents/grandparents. 

These family members have the right to move and travel freely between EU member states with an EU citizen, are not limited by the 90/180 day rule for visa-free EU visits. They can also use the EU passport lane if travelling with, or to see, their EU citizen family member.

An ‘EU family member’ can move with their spouse or civil partner to France to settle for more than three months, as long as they apply at the local prefecture for a carte de séjour membre de famille d’un Européen. 

This is assuming, however, that the EU citizen spouse is considered to be in legal long-term residency in France, which includes supporting themselves. 

This card will allow the non-EU citizen to live with their spouse in France long-term and look for work there. 

A simple ‘long-term partner’ does not necessarily hold these automatic EU rights.

Having said this, French authorities are willing to consider long-term partners under these rules under certain conditions. 

They must have been living with their partner as a couple for at least five years, and be able to prove this through one document for each year of the relationship (shared bank statements, joint loan, insurance statements, etc). 

They must also have been living together in the six months prior to making the application. 

As part of the application, you will need proof that the EU citizen is living legally in France, such as evidence of their regular income, work contract etc. 

You may, if accepted, obtain a residency card issued for a maximum of five years (renewable). However, this is at the discretion of the prefecture, not an EU-protected right. 

Furthermore, if the relationship breaks down then the basis of the person’s residency rights may be called into question, whereas EU law lays down protections for spouses/civil partners in article 13 of a 2004 free movement directive. 

Among the scenarios where this EU protection applies is where the marriage/partnership has lasted at least three years, including at least one in France. 

Note that for long-term partners of French citizens or non-EU citizens different rules will apply.