This expert opinion seeks to answer the question whether a valid passport can be made a precondition to the right of residence and the issuance of a residence card in the case of a Union citizen’s third country national spouse under Directive 2004/38. It starts by explaining the nature of the right of residence of the Union citizen’s spouse and its relationship with the issuance of a residence card. It elaborates on the possibility to deny the residence right and/or residence card because of the absence of a valid passport. Finally it provides an overall conclusion.

The Right of Residence under Directive 200438