Spain for Spouse of UK Citizen
Posted: 17 August 2008 01:11 AM  
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Me: UK Citizen
Wife: Non-EU National requiring Schengen visa to enter Europe.
We: Presently living outside Europe

Plan: to move to, live & work, full-time, in Spain

Under EU rules, I understand that we may go to any EU state (excl. my own country) and live for up to three months without question.

1) Does that mean it is acceptable for my wife to enter (with me) on a short-stay Schengen Visa?
I am confused when I read about the EEA Family Permit, or is that just to enter the UK? We have already obtained and travelled on a six-month multiple entry Schengen visa, purely for tourist purposes.

Before the three months are up, I understand we must apply for residency. I am under the impression that this is when we must reasonably substantiate our/my circumstances to show that we are living there and not liable to rely on the state. Accommodation will not be a problem however I have a question about employment/funds. I work freelance and my principal income may still be derived from clients outside Spain.

2) Is it acceptable to show savings in lieu of local monthly income and employment contract? If so on what sort of basis should I calculate this? e.g. show 10,000 euros bank balance as enough for one year?

Lastly,

3) Does anyone know/have experience with visiting the UK from France/Spain on a non-EU passport with a Spanish residency permit?

Thank you kindly

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Posted: 27 May 2011 01:33 AM   [ # 1 ]  
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I?ll belatedly answer this myself, now that I have the experience.
1) Yes. Absolutely, and in fact we applied immediately.
2) No financial documents were required. See below for my summary of the process we followed.
3) I haven?t tried this yet however the word is that my non-EU spouse holding Spanish residency cannot enter the UK without a visa. One could either apply for a paid tourist visa or, once resident in Spain and exercising treaty rights, one could apply for a short-stay EEA Family Permit to enter the UK. Search for Surinder Singh if you want to learn more about why this can also apply to British national and their non-EU family members.

I recommend you head down to the place where you will apply for residency - get the form, the checklist of requirements and also find out about appointments. Once we had our dossier, we just took our chances without one and they gave us a slot for later that very morning. I have read that appointments are a bit more scarce and can maybe take weeks to obtain - much will depend on where and when you apply.

Along with the appropriate forms, passports, photos etc. we needed:
a) Proof of marriage. It might depend on where you were married but I was advised to use an attestation from the main British Embassy in the country in which we were married, and this was translated into Spanish by a State-approved translator in Spain. In our case, our original marriage act was not required by the Spanish authorities - just the British attestation to our marriage & an official Spanish translation of that document.
b) My Spanish registration as a EU national - this took an hour including the trip to pay ?10 at the bank.
c) Our proof of lodging (as in both of you) - this is an inscription in the locality and applied for at the town hall. In our case, as invited guests, a form was filled out by the owner of the house and supplied with a copy of their national ID card. The resulting document took a week to be prepared.

The application for residency was done in person, took 20-30 minutes and we were given a letter with a code so progress could be tracked online.
I think it took a month or two to see an approval however the date to go to and process the resident?s card with the police was another couple of months later. That process itself was very quick and involved fingerprinting and a signature, I think. Yet another month wait was estimated before we could collect the card - I called up a week before that month was up and learned that the card had already just arrived (so about 3wks). Joy! Everything was completed in around 5 months - from arriving in Spain with our proof of marriage to resident’s card in hand. I understand one is allowed to reside and work from the moment the application is entered (not waiting until the card is processed months later) and the date on the card, and the European Law, seems to suggest this is true - the 5yr card expires 5yrs after the month during which the initial application was lodged.

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Posted: 30 May 2011 02:21 PM   [ # 2 ]  
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Where is your wife from?

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Posted: 30 May 2011 11:00 PM   [ # 3 ]  
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If it’s simple curiosity - sorry - this is a public forum in which I only wish to share certain, pertinent information. For those planning on doing something similar, there should be no need to be more specific than I already was - a “Non-EU National requiring Schengen visa to enter Europe”.

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Posted: 31 May 2011 02:30 AM   [ # 4 ]  
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Hey, sorry I didn’t mean to touch on a sore subject, I was in fact curious because I think it does matter. There is the automatic 3 month visa for certain nationalities and then there are other rules for other nationalities. I was asking because different nationalities get different treatments.

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Posted: 31 May 2011 03:45 PM   [ # 5 ]  
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It shouldn’t matter and different nationalities shouldn’t get different treatments, as long as we’re talking about short-stay visas being issued to non-EU family members of EU nationals travelling to a member state other than their own. It is law in European Parliament and Council Directive 2004/38/EC (with later amendments) and I read incidences of breaches or misinterpretations have diminished over the years as all bodies have become fully aware of this law. Nevertheless, anything that is not right should be reported. SolvIt is a EU body and their website is the place to start where problems are encountered - it gets a thumbs up.
http://ec.europa.eu/solvit/site/index_en.htm

I’m no expert (and I’m not sore!) - just someone who has experienced one story but I’ve read enough across several forums stocked with good experience and even better knowledge, to know that breaching this particular directive is serious and must be reported.

I’ll leave it there if you don’t mind because obtaining short-stay visas is going slightly off topic for this thread.

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