EU countries can verify the legality of obtaining citizenship based on marriage even after many years
European countries have the right to investigate possible fraud related to a fictitious marriage, even if the person has already obtained citizenship of an EU member state. This conclusion was reached by the Court of the European Union in a recent decision.
Circumstances of the case
A third-country national arrived in Ireland as a student. Shortly before the expiration of his residence permit, he married a citizen of the European Union who exercised the right to free movement within the EU.
Based on this marriage, the man obtained a residence permit as a family member of an EU citizen. Later, in 2015, he acquired Irish citizenship, which since then has been the basis for his legal stay in the country.
However, the Irish authorities suspected that the marriage was fictitious and that the right to reside was obtained by deception. Subsequently, the Irish Minister of Justice decided that fraud and abuse of rights had occurred and declared the rights obtained under EU free movement legislation invalid with retroactive effect.
Applicant's position
The man challenged these decisions, arguing that after acquiring Irish citizenship, he no longer falls under the scope of the EU directive on the free movement of EU citizens.
The Irish court handling the case referred to the EU Court for clarification on whether national authorities can investigate and establish facts of fraud or abuse of rights committed in the past if, at the time of the investigation, the person has already obtained citizenship of a member state and formally no longer falls under the directive.
What the EU Court decided
In its decision, the EU Court confirmed that member states can investigate possible past fraud and establish its fact even after the person has obtained citizenship of the country of residence.
The Court recalled that the free movement directive applies to EU citizens residing in another member state, as well as to their family members. After obtaining the citizenship of the country of residence, the person's legal status is usually determined by national law rather than this directive.
However, this does not mean that circumstances related to previous use of rights granted by the directive cannot be checked later.
Possible consequences
The EU Court emphasized that EU legislation provisions on combating fraud and abuse of rights also apply to past legal relationships.
According to the Court, member states have the right to verify the legality of previously granted rights even when the person is no longer a beneficiary of the respective directive. A different interpretation could significantly complicate the fight against fictitious marriages and other fraudulent schemes, which are often discovered only after a long time.
At the same time, the Court stressed that such investigations must be conducted in compliance with the principle of proportionality and procedural guarantees.
Under certain conditions, establishing fraud in the future may have serious legal consequences, including deprivation of citizenship of an EU member state and, accordingly, the status of an EU citizen, if this complies with EU law requirements.
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