Background:

In recent years, the Migration Department in Cyprus has observed a recurring pattern where Cypriot and European Union citizens contract marriages abroad with third-country nationals who were previously designated as "Prohibited Migrants" and included in the national List of Prohibited Persons. Following these marriages, the citizens return to Cyprus and apply for the removal of their spouses' details from the list to enable their re-entry and residence. Cyprus launched this query to understand how other EMN Member Countries manage similar situations.

Respondents:

21 EMN Member Countries (including BE)  provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• The vast majority of responding EMN Members do not automatically remove a third-country national from an entry ban list solely on the basis of marriage to an EU citizen. AT, BE, BG, HR, CY, CZ, EE, EL, HU, IE, LV, LT, NL, PL, SK, and ES all confirmed that marriage does not trigger an immediate or automatic exemption from a previously imposed entry ban. In IE, entry bans are of indefinite duration and can generally only be addressed by revoking the underlying deportation order.
   
• Removal of an entry ban is typically subject to a case-by-case assessment and administrative discretion. In DE, SI, and SE, national legislation explicitly allows for the lifting or shortening of a ban upon application and subsequent assessment. In IT, if an individual obtains a residence permit based on their link to a Union citizen, the office issuing the permit will also revoke the entry ban, provided that the ban was entered by Italy. Many other countries (e.g., AT, BE, HR, CZ, EL, HU, LV, LT) allow for the lifting of bans under broader legal provisions, such as humanitarian grounds, changes in underlying circumstances, or the grant of a residence permit based on the right to family life.
   
• The primary criteria for lifting a ban involve weighing public order concerns against the right to family life and the genuineness of the marriage. EMN Member Countries (including AT, BE, BG, HR, CY, CZ, EE, DE, EL, HU, IT, LT, LV, LU, NL and SE) perform individual assessments to determine if a relationship is genuine and durable. Authorities consider the seriousness of the original grounds for the ban, the person's conduct, and whether they pose a "real, present and sufficiently serious threat" to public security.
   
• Several EMN Members have observed trends similar to those described by CY, involving the potential abuse of marriage rules. BE, DE, EL, and ES noted occurrences of marriages or de facto partnerships entered into for the fraudulent purpose of bypassing entry bans or SIS signals. In response, these countries have implemented measures such as increased scrutiny of documentation, personal interviews, and enhanced cooperation between police, civil registries, and consular authorities to detect marriages of convenience.
   
• Documentation requirements are rigorous to ensure the legality of the union. Applicants are generally required to provide legalized marriage certificates, proof of the spouse's EU citizenship, criminal record extracts, and evidence of sufficient financial resources and accommodation

For further details, please read the compilation of answers attached above.