Metock (C-127/08): EU Law Protecting Family Members Even After Irregular Stay or Without a Residence Permit

For many individuals living in Sweden without a residence permit, the situation can feel hopeless. It is a common belief that past irregular stay or the absence of lawful entry automatically prevents any possibility of obtaining residence rights. However, EU law offers protections that are often overlooked in Swedish migration practice.

One of the most significant judgments in this area is the Court of Justice of the European Union's ruling in Metock (C-127/08). This landmark case clarifies that even people who previously stayed irregularly, entered without a visa, or never held a residence permit can still benefit from EU free-movement rights when they are family members of an EU citizen exercising those rights.

What Does the Metock Judgment (C-127/08) Establish?

In Metock, the CJEU held that Member States may not refuse residence rights or an EU residence card to a family member of an EU citizen solely because:

• they previously stayed irregularly,

• they did not enter lawfully, or

• they have never held a national residence permit.

The Court confirmed that lawful prior residence is not a requirement for EU family members. When an EU citizen is exercising free movement (living in a Member State other than their own), their qualifying family members are protected by EU law regardless of their prior migration history.

Family members covered include, but are not limited to:

• spouses and registered partners,

• parents of the EU citizen,

• other dependent relatives.

Metock clearly shows that EU law is designed to safeguard family unity, even where national immigration law would otherwise consider the stay unlawful.

What Does This Mean for People Without a Residence Permit or in Irregular Stay in Sweden?

The Metock judgment means that a person who is undocumented, without a residence permit, or in irregular stay may still have a right of residence under EU law and can therefore apply for an EU residence card.

This includes important legal consequences:

• The Swedish Migration Agency may not reject an EU residence card application solely due to irregular stay.

• A prior refusal or removal order does not automatically block EU-law-based rights.

• EU law takes precedence over Swedish migration law when the rules conflict.

• A stable family relationship with an EU citizen can form the basis for a residence card even if the applicant never held any national permit.

• Undocumented persons may still fall under the protection of EU law and obtain legal status in Sweden.

In short: Irregular stay does not eliminate EU-law residence rights when the conditions for free movement are met.

Why Is the Metock Judgment So Important?

Metock is one of the most frequently cited EU cases concerning:

• EU citizens' rights to live with their family members

• Residence rights for persons with irregular stay or without a permit

• Protection of family life within the EU

• The supremacy of EU law over national immigration rules

The ruling expressly rejects national requirements for "prior lawful residence," meaning Swedish authorities must assess EU-law rights even if the person previously overstayed, entered without a visa, or never had a residence permit.

For many undocumented individuals in Sweden, Metock opens a genuine path to obtaining lawful residence status.

Why Contact AdamLaw?

At AdamLaw Juristbyrå, we work with EU free-movement law every day. We regularly assist clients who are undocumented, in irregular stay, or without a residence permit but who nonetheless fall under the protection of EU law.

We provide support in matters such as:

• Applications for EU residence cards

• Metock-based legal strategies and appeals

• Legal opinions demonstrating the primacy of EU law

• Advice for undocumented individuals with EU-family rights

Metock is one of the most powerful legal tools for people in vulnerable positions. With the correct legal strategy, EU law often provides solutions that Swedish law alone does not.

Need Legal Advice?

If you are in a similar situation or want to understand how the Metock judgment may affect your case, you are welcome to contact us. We offer a professional, confidential, and thorough assessment of your EU-law options — even if you have previously been undocumented or have never held a residence permit.

Adam M. Lindström & Lyle Castro Nuñez
AdamLaw Juristbyrå