Rights Of Non-Eu Spouse Of Eu Citizen In Spain?

Rights Of Non-Eu Spouse Of Eu Citizen In Spain
Request to leave / Expulsion* – Your non-EU spouse, (grand) children or (grand) parents may live with you in another EU country as long as they continue to meet the conditions for residence. If they no longer do so, the national authorities may require them to leave – but they cannot be expelled.

Can EU citizen bring non-EU spouse to Spain?

Family members of a citizen of a European Union / European Economic Area country who are not nationals of any of those countries can enter into Spain with a valid passport and a visa. The issuance of such visas is free of charge and their processing takes preference when the family member accompanies the European Union citizen or travels to join them.

However, family members of a citizen of a European Union / European Economic Area country in possession of a valid residence card issued by any of those countries are exempt from the obligation of travelling to Spain with an entry visa.

Furthermore, upon presentation of their residence card, their passports will not be stamped either on entry or on exit of Spain. Therefore, family members of a citizen of a European Union / European Economic Area country with a 4EuFam residence stamp are exempted of visa to enter into Spain.

  • Here below are the documents required alongside a Schengen visa application to core family members of a citizen of the European Union, the European Economic Area (Norway, Iceland and Liechtenstein) and Switzerland who envisage a trip to Spain with them or to join them;

Core family members are:  • The spouse, if there has been no annulment or divorce. • The partner registered in a Member State of the European Union or EEA or Switzerland, if such registered partnership has not been legally terminated. • Direct descendants of the Union citizen or of their spouse or registered partner (if there has been no annulment or divorce or legal termination of the registration), who are under the age of 21 and above that age, provided that they are dependent or disabled.

• Direct relatives in the ascending line of the Union citizen or of their spouse or registered partner (if there has been no annulment or divorce or legal termination of their registration) that are their dependents.

• Family members other than the above who, in their country of origin, live with the citizen of the Union or are their dependents. • Exceptionally, other family members when serious health grounds or disabilities strictly require their personal care by the Union citizen.

  • • The unregistered partner, provided that stable cohabitation for a minimum period of one year can be duly attested;
  • When there are children in common, it will be sufficient to ascertain stable cohabitation;

Kindly be informed that spouses of British nationals are not eligible for EU/EEA Spouse category. They should apply for a standard Schengen visa. Please note that the Embassy may contact you later on and request additional information. Relatives of EU/EEA/Swiss citizens can submit their Schengen visa application at the Embassy of Spain in Ireland, free of any charge.

Basic documents • Passport of the applicant with at least two consecutive blank pages, valid for at least three months after the duration of the anticipated stay and issued in the last ten (10) years. • One copy of the page of the passport with biographic data.

• One Schengen visa application form completed, dated and signed. • One recent passport-sized photograph of the applicant (35-45 mm), on a white background, full front, on which the applicant must be bareheaded, without dark glasses or any other item that may hinder identification.

Veils or head coverings are permitted on religious grounds, provided all facial features are clearly shown on the photograph. If the applicant is a minor, one of their parents must sign the application. • Irish certificate of registration (GNIB card) valid for at least three months after the visa expiry date (original and copy).

• Copy of the passport of the EU/EEA/Swiss citizen (or also DNI, if he/she is Spanish) attested by notary public. The EU/EEA/Swiss citizen can also accompany the applicant and produce his/her original passport or Spanish DNI. • If the application is to be prioritized, evidence that the applicant is traveling with the EU/EEA/Swiss citizen (flight ticket) or joining them in Spain (written declaration signed and dated by the EU/EEA/Swiss citizen, or Carta de invitación of the Spanish National Police).

  1. • Evidence of the family relationship: birth, marriage or legal partnership certificate, as applicable;
  2. Certificates from third countries should be legalized or apostilled;
  3. Only certificates issued by the Spanish Civil Registry will be accepted as evidence of a marriage with a Spanish national;

• Evidence of dependency (e. disabilities, health issues), if applicable. For minor applicants  • In case of minors (below 18 years), the application form must be signed by both parents, unless the object of the trip is visiting one parent who lives in Spain (see here below).

• If just one parent will accompany the minor during his travel to Spain, a notary authorisation by the other parent. In case of sole custody, official document proving such. • If the minor will travel unaccompanied by any of their parents, a no objection affidavit from both parents.

• Evidence of residence in Ireland: GP or school letter. Basic legislation.

Can the spouse of an EU citizen live in Spain?

Do you have a relative who is a Spanish national? Is your partner or spouse a European Union citizen? Then, you can get your right to live and work in Spain really easily. All you have to do is to apply for the procedure called family member of an EU citizen.

How do I bring my non-EU partner to Spain?

EU family reunification visa – If you are an EU citizen who is living, working, studying, or looking for a job in an EU country different from the one you come from, EU laws make it easier for a non-EU partner to join you. However, the rules can vary depending on your personal situation.

Generally, the non-EU/EEA partner will need to get a Spanish visa to enter Spain. Then, they can apply for an EU family member residence card from the local Foreigner’s Office. If the relationship ends, the non-EU/EEA partner must reapply for a new residence permit within six months.

You can use information from the European Union to further understand the requirements.

Does 90 day rule apply to spouse of EU citizen?

Non-EU citizens without visas or residency permits can normally only be in the Schengen Area countries like France for 90 days in every 180 – Since Brexit, British citizens without visas or residency permits have only been allowed to stay in Schengen Area countries like France for 90 days in every 180 Pic: A Lot Of People / Shutterstock Reader Question: My husband has an Irish passport but I only have a British passport. Can we move to our second home in France without requiring a visa under his EU national status? In general, third-country (non-EU/EEA/Swiss) citizens of nationalities not subject to a requirement for short-term Schengen visas are free to come to France without visa formalities but are subject to the rule of staying no more than 90 days in any 180-day period.

This applies to the whole Schengen area so it would not be possible under the rules to stay in France for 85 days, for example, and then take a two-week trip to Italy. Beyond these 90 days, the non-EU spouses of EU nationals can stay on without a visa, but need to apply for a residency card in order to be able to spend prolonged periods of time in France (note that the formalities are different if coming to stay with a French partner, as opposed to one of another EU nationality).

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These rules do not apply to EU nationals, who can normally spend as long as they want in any other member state. The spouses and children of EU nationals are subject to different rules due to being the family members of an EU citizen. Official EU website europa.

eu states that EU nationals “have the right to travel together with your core family members (non-EU spouse, children, dependent parents or dependent grandparents) to an EU country other than the one you are a national of.

“If you have moved to another EU country they can also join you there. “These rules also apply to your non-EU registered partner if the country they are travelling to considers registered partnerships as equivalent to marriage. ” It adds that non-EU nationals staying for more than “three months in your spouse’s host country [a state from which they do not have a passport] have to apply for a residence card and report [their] presence to the relevant authorities.

“You must apply for a residence document with the authorities of your host EU country within three months of arriving. ” So, non-EU nationals spending more than three months with their EU national spouse in France will have to apply for a carte de séjour at their local prefecture before the three months elapse.

This card is free and will say: “family member of a EU/EEA/Swiss citizen. ” The card will last either five years or for the duration of the planned stay and it allows you to work. However if you plan to come to France and work immediately, you should apply for a visa before coming rather than coming under Schengen visitor rules.

  1. If you hold a card or cards for five years or more, you may then apply for a carte de séjour Directive 2004/38/CE – Séjour permanent – Toutes activités professionnelles;
  2. This gives much the same rights as an EU national;

It will be easier to obtain a carte de séjour as the spouse of an EU passport holder than for most other non-EU arrivals.

How long can a spouse of an EU citizen stay in EU?

Staying because of your own rights – As an EU citizen, you have the right to move to any EU country to live, work , study , look for a job or retire. You can stay in another EU country for up to 3 months without registering there but you may need to report your presence.

  • The only requirement is to hold a valid national identity card or passport;
  • If you want to stay longer than 3 months, you may need to register your residence;
  • In many EU countries, you need to carry an identity card or passport with you at all times;

In these countries, you could be fined or temporarily detained if you leave your identity documents at home – but you cannot be forced to return to your home country for this reason alone. Read more about deportation. If you have lived legally in another EU country for a continuous period of 5 years, you automatically acquire the right of permanent residence there.

Can I bring my wife to Spain?

13 Replies to “Family Reunification Visa in Spain” –

  1. Please help me I am interested in to come to Spain but I don’t know what to do I am here in Italy and I have Italy residence permit but I will like to come to Spain and get a job and start my life over there can you help me to come to Spain and get a job i really need job please thanks,
    1. Yes, we can help you out. Just send us an email at [email protected] es and one of our lawyers will guide you step by step.
  2. Hi me and my parter are from the u k we have a property in Spain we have both got our nie numbers but looking to get resedenvy permits is this something you can do for us to act on our behave regards mr sears
    1. Hi Mr Sears, Yes sure! Our team can help you with that. Just send us an email at [email protected] es detailing which is your current situation, and one of our lawyers will start handling your case.
  3. Hi im a filipina and my husband is EU citizens from norway. And he want to bring me in spain for good together with my filipna daughter. What can i do.
    1. If you would like to initiate the reunification procedure, send us an email at [email protected] es and we will help you out 🙂
  4. Good day sir. my name is Sunday from nigeria but am living in Spain,and i have parmanet residente and i wanted to bring my wife and my kids to spain. almost two months now my wife has surmited all the documents for family reunión visa at embassy but up till now will didnt hear Anything please i just want to know how long will take to give them visa. thanks
    1. The immigration office has 3 months to issue their response. If you don’t get any news after that, the application has been denied.
  5. Please sir. how can you help me if they denied my family reunión visa. thanks
  6. Hi. I currently have work permit in Sweden that will be expired on August but I think it has been revoked due to I left my job because I am pregnant and came here in Spain to give birth (because the father of my baby is here). I thought I ws n maternity leave, didn’t know they’ll cancel my contract.

    Also, the father of my baby can’t help get me visa: lack of economic income, we are not married (not in a plan), we lived together but we are not registered in the same address. And, I gave birth here in Madrid.

    I badly need to be able to stay legally here for my baby to be registered and so I can work legally. Are there any possibility I can apply for a permit? Thank you.

    1. Your baby will be registered at the Civil Registry as he will be Spanish so as his dad is. In case you cannot get a residence permit though your couple you will be able to do it once your baby is born. You can directly contact us [email protected] com so one of our lawyers can explain you the different options you have.
  7. My husband is a citizens in Spain, I want to go and meet him over there, what are the process?
    1. In order to be able to assess what would be the best option for you, ideally we would like to have a consultation with you so that one of the lawyers can advise you on your case. You can send an email to [email protected] es.

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Can I stay in the EU if I marry an EU citizen?

What if I am a U. citizen who is married or in a legal partnership with an EU national, and live in the EU? – Like all spouses or partners of EU citizens, you have the right to reside alongside your partner within EU member states, providing you can present a valid passport, a document proving the existence of a family relationship or a registered partnership, or proof of a durable relationship, as well as proof of your spouse or partner’s EU citizenship.

You can gain a temporary residency permit lasting up to five years and can apply for permanent residency when you have lived in your country for five years. If you have lived in the EU for longer than this you can apply for a permanent residency document, renewable every 10 years.

In addition to applying via your partner, if you have been living in the EU since before the end of the transition period at the start of January 2021, as a U. citizen you have the right to register as a resident of your host country in your own right under the provisions of the Withdrawal Agreement, before the end of June 2021.

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What happens when you marry an EU citizen?

You can look forward to spending your time in Germany with your partner and children. Although there are some conditions attached to family reunification, as an international skilled worker, you are sure to fulfil them. Are you an EU citizen living and working in Germany and would you like to bring your spouse to Germany? As an EU citizen, you are entitled to freedom of movement, and your spouse and children can live and work in Germany.

Whether your family members need a special temporary residence permit depends on their nationality. Spouses who are EU (European Union) or EEA (European Economic Area) citizens If your spouse is an EU or EEA national, they can join you in Germany very easily and live and work here without restrictions.

You do not need to apply for a special residence permit. Spouses who are third-country nationals If you are a citizen of a member state of the EU or EEA but your spouse is not, they must apply for a visa for spouses joining their partners. If your spouse holds a residence permit for another EU state, they do not need a visa to enter Germany ( Section 2 (4) of the freedom of movement Act/EU [ FreizügG/EU ] ).

Do I need a Schengen visa if I am married to an EU citizen?

Can I stay without holding a visa in the Schengen area? –

  • As the husband or wife of an EU citizen, you cannot legally stay in the Schengen area without applying for a visa, unless you have some form of residency in the zone.

Can I bring my girlfriend to Spain?

And what happens if I don’t have enough funds or proper housing? – It is common that the applicant (foreigner in Spain) does not have enough money as required by the immigration authorities. Do you have any option to still bring your partner or fiancé with you? The answer is yes.

The process is still possible; you can always bring your partner through an employment contract. That is, if this foreigner (the one in Spain) has an employer willing to hire her partner and offer her a work contract, the process is still doable.

One of the advantages of applying for a work permit as an employee if you have a family member in Spain with renewed residence (at least once), is that the authorities will not analyze or take into account the national unemployment situation (a factor that makes it very complicated to obtain this work permit in the first place ).

Can non EU citizens live in Spain?

Residence permits in Spain as a non-EU citizen – If you’re a non-EU national, you’d need to first apply for and get your residence visa before your arrival to the country. With this document, you’re able to legally enter Spain for a period of either between 3 and 6 months or between 6 months and 1 year. Rights Of Non-Eu Spouse Of Eu Citizen In Spain.

How do you get residency in Spain through marriage?

How do I qualify for Spanish citizenship through marriage? – Following your marriage to a Spanish citizen, you will need to have been resident in Spain with your partner for a minimum of one year from the date a residence permit was granted. You will need to have a residence permit as a family member of an EU citizen.

The other qualifications required for Spanish citizenship are academic – you will need to pass the CCSE (Constitutional and Sociocultural Aspects of Spain) and DELE (Diploma of Spanish) exams. These prove that you have a good level of knowledge of both the legal and cultural aspects of Spain and that you have an intermediate grasp of the Spanish language.

Once you have these, integrating into your local community will be much easier.

How long can the spouse of an EU citizen stay in Spain?

Diligent research by a reader establishes that Brits (and other non-EU nationals) with EU spouses are not bound by the 90/180 day rule, and can live in Spain without having to get a visa – something that has not been widely reported in the British press.

  • “I’ve been trying to find out from varied sources over the last few months whether being an UK citizen married to an Irish citizen I was exempt from the EU 90/180 day rule,” explains reader John by email;

“I had been led to believe the only way was through residency. ” Thanks to John’s research we know that if your spouse is an EU citizen you don’t have to worry about the 90/180 day rule travelling in the Schengen area, and you can stay in Spain as long as you like with your spouse, so long as you meet other requirements.

Brexit is not a barrier if you are married to an EU citizen. “I hope the reply below from the Europe Direct Contact Centre will be useful for British or other third-country citizens, married or in a partnership with E.

citizens, who wish to escape this rule without taking out residency,” explains John. Another reader commented “I reckon an article on the subject would be interesting because there are a lot of people in that situation and do not recall anything in the national press which covers it. Dear John, Thank you for contacting the Europe Direct Contact Centre. A citizen of the UK does in principle not require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area. The fact that you reside with your Irish wife in the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.

  1. ” So here’s what the Europe Direct Contact Centre has to say about the rights Brits married to EU citizens to travel and live in Spain and other EU member states;
  2. Thanks to the reader ‘John Boy’ for the information;

However, if your wife is travelling with you to a Schengen country, or joins you in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own.

Please be aware, however, that in this case you might need to have documentation to show on when you were travelling with her and when you were not. For further information, we recommend that you contact the authorities of the country you would like to travel to, more info here and here.

If you wish to remain in Spain with your wife for more than 3 months, you may both need to register. You can find information on the necessary procedures here. Please note that as Ireland is not part of the Schengen area and because your wife is Irish citizen, this does not apply if you wish to travel together to Ireland.

Is Spain enforcing the 90 day rule?

What is the 90 day rule? – Also known as the 90/180 day rule, the ‘ 90 day rule ‘ is an EU regulation. It states that, without a visa, non-EEA (European Economic Area) nationals are only allowed to spend 90 days – within a total period of 180 days – in any EU member country.

You can choose to use the 90 days however you wish. For example, you could arrive on January 1 st and stay for 90 days in a row (until March 31 st ). Or you could take several short breaks between January 1 st and June 29 th – spending a different length of time in Spain each time.

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But either way, once you reach your 90 day quota, you must leave the country immediately – as there are strict penalties in place for outstaying the 90 day limit. And from that point, you cannot return to any country within the Schengen zone until another 90 days have passed.

Do the family members of EU citizens have any rights?

The right to free movement – All EU citizens and their family members have the right to move and reside freely within the EU. This fundamental right is established by Article 21 of the Treaty on the functioning of the European Union and Article 45 of the EU Charter of Fundamental Rights. The conditions for the exercise of the right of free movement and residence within the territory of the Member States by EU citizens and their family members are set out in the Free Movement Directive 2004/38/EC :

  • EU citizens can live in another EU country for up to three months without any requirements other than holding a valid identity card or passport.
  • In order to stay in another EU country for more than three months, EU citizens have to meet certain conditions depending on their status (for example worker, self-employed, student, etc. ) and may be asked to comply with administrative formalities.
  • EU citizens have the right to permanent residence in another EU country after legally residing there continuously for five years. They may be temporarily absent (for example due to an illness, to study or because of a posting).
  • Family members of EU citizens, either EU citizens or nationals of a non-EU country, have the right to accompany or join EU citizens in another EU Member State. They may be asked to comply with certain conditions or formalities.

Guide to free movement EU citizenship and the right to free movement are taken into consideration regularly in the  judgments of the Court of Justice.

How long can the spouse of an EU citizen stay in Spain?

Diligent research by a reader establishes that Brits (and other non-EU nationals) with EU spouses are not bound by the 90/180 day rule, and can live in Spain without having to get a visa – something that has not been widely reported in the British press.

“I’ve been trying to find out from varied sources over the last few months whether being an UK citizen married to an Irish citizen I was exempt from the EU 90/180 day rule,” explains reader John by email.

“I had been led to believe the only way was through residency. ” Thanks to John’s research we know that if your spouse is an EU citizen you don’t have to worry about the 90/180 day rule travelling in the Schengen area, and you can stay in Spain as long as you like with your spouse, so long as you meet other requirements.

  1. Brexit is not a barrier if you are married to an EU citizen;
  2. “I hope the reply below from the Europe Direct Contact Centre will be useful for British or other third-country citizens, married or in a partnership with E;

citizens, who wish to escape this rule without taking out residency,” explains John. Another reader commented “I reckon an article on the subject would be interesting because there are a lot of people in that situation and do not recall anything in the national press which covers it. Dear John, Thank you for contacting the Europe Direct Contact Centre. A citizen of the UK does in principle not require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area. The fact that you reside with your Irish wife in the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.

” So here’s what the Europe Direct Contact Centre has to say about the rights Brits married to EU citizens to travel and live in Spain and other EU member states. Thanks to the reader ‘John Boy’ for the information.

However, if your wife is travelling with you to a Schengen country, or joins you in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own.

  1. Please be aware, however, that in this case you might need to have documentation to show on when you were travelling with her and when you were not;
  2. For further information, we recommend that you contact the authorities of the country you would like to travel to, more info here and here;

If you wish to remain in Spain with your wife for more than 3 months, you may both need to register. You can find information on the necessary procedures here. Please note that as Ireland is not part of the Schengen area and because your wife is Irish citizen, this does not apply if you wish to travel together to Ireland.

Can I live in Spain if I’m married to a Spanish citizen?

How do I qualify for Spanish citizenship through marriage? – Following your marriage to a Spanish citizen, you will need to have been resident in Spain with your partner for a minimum of one year from the date a residence permit was granted. You will need to have a residence permit as a family member of an EU citizen.

The other qualifications required for Spanish citizenship are academic – you will need to pass the CCSE (Constitutional and Sociocultural Aspects of Spain) and DELE (Diploma of Spanish) exams. These prove that you have a good level of knowledge of both the legal and cultural aspects of Spain and that you have an intermediate grasp of the Spanish language.

Once you have these, integrating into your local community will be much easier.

Can any EU citizen live in Spain?

Permanent residence in Spain for family members – As a non-EU citizen moving to Spain, you will be able to bring your family into the country under the family reunification visa. As such, you will be able to bring your parents, spouse, or children to Spain. Rights Of Non-Eu Spouse Of Eu Citizen In Spain As such, it is likely that you will rack up five years in Spain and become eligible for permanent residency before your family does. Because of this, your family members will have to apply for permanent residency separately. Of course, the situation is different for citizens of other EU states. All EU citizens can legally live and work in Spain without a visa, so if your spouse is from the EU, they can come to Spain with you and take up permanent residency after two years.

However, you will have to move to Spain first under the appropriate visa and wait a year before you can apply for a family reunification visa for your family. However, if you are an EU national with family members from a third country, they would usually be able to come to Spain with you.

They would then need to  authorize their residency in Spain and be eligible for permanent residency after five years.

Can I live in Spain if Im married to a Spanish citizen?

What are the requirements for applying for Spanish citizenship through marriage? – In order to apply for Spanish citizenship through marriage, you’ll need to have resided with your spouse for a minimum of one year in Spanish territory. You’ll also need to have a residency permit as the family member of a citizen of the European Union, and you’ll also have to take and pass the CCSE and DELE exams.