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The definition of a family member of a citizen of the European Union, Iceland, Norway, Liechtenstein, and Switzerland

 

(1) For the purposes of this Act, family members of an European Union citizen are understood to include:
a)spouse;
b)parent, in the case of a European Union citizen who is less than twenty-one years of age, lives in a joint household with the parent  and is a dependent on the parent;
c)a child under twenty-one years of age or such child of a spouse of a European Union citizen; and
d)a dependent direct relative in the ascending or descending line or any such relative of a spouse of a citizen of the European Union. 
 
(2) If the purpose behind the stay of a European Union citizen is studies, only the spouse and dependent children are understood to be family members.
 
(3) A dependent person as specified in Subsection (1)(d) is understood to be a third-country national supported by an European Union citizen or the spouse thereof who:
a)is systematically preparing for a future profession;
b)cannot systematically prepare for a future profession or perform gainful activities due to illness or injury; or
c)is not capable of performing systematic gainful activities due to a chronic adverse health condition.
 
(4) The provisions of this Act, which pertain to family members of European Union citizens, will be applied in a commensurate manner to aliens who can credibly prove that:
a)they are a in a family relationship with an European Union citizen that is not specified in Subsection 1 if:
 1.they lived in a common household with a European Union citizen in the country whose citizenship they hold or in the country in which they held long-term or permanent residence;
 2.they are financially supported by a European Union citizen; or
 3.they cannot care for themselves without the personal care provided by a European Union citizen due to a chronic adverse health condition; or
b)they are in a permanent relationship with a European Union citizen that is comparable to a family relationship and that they share a common household.

(5) The provisions of this Act, which pertain to family members of European Union citizens, will be also be applied to a foreign national who is a family member of a citizen of the Czech Republic.

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