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US citizen to marry UK citizen and reside in Spain?

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pippinlily
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US citizen to marry UK citizen and reside in Spain?

Post by pippinlily » Thu Apr 17, 2008 1:28 pm

Hello,
I am a UK citizen living in Spain. I am currently applying for residency in Spain. My boyfriend is over in Spain as a tourist at the moment which limits him to 3 months. If we get married here, will he be able to live and work in Spain for an unlimited time?

Any information is greatly appreciated. Thank you.

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Post by Administrator » Thu Apr 17, 2008 3:58 pm

.

I'm moving this topic to Europe immigration.

You will want to read this topic:

-> Europe immigration forum -> Directive 2004/38/EC thread

There is a lot of information that will get you started. We also have a search function (top center of all forum pages, slightly left next to the FAQ link).

You are searching for information on a non-EU spouse living in the EU, and having work (and residency) rights in an EU Member State that is NOT the Member State of the nationality of the EU spouse.

Directive 2004/38/EC is a very good start as to rights you have to not be separated within the EU. It's the working part that will get tricky.


I am unsure as to exactly how to get work rights for your husband in Spain (as the spouse of a non-Spanish EU citizen), but it can be done. Some countries are a bit more difficult than others.

You are likely to need to do the following:

- Get married

- apply for a spouse visa to the UK (?)

- travel to Spain yourself with your husband (seems already 'done')

- figure out how to get your husband work permission (properly documented) in Spain

You may not NEED the spouse visa to the UK, but I suspect it might help the situation. And, it may be a 'requirement' at some point in the process since, without it, you may be faced with much more difficult paperwork.

Hopefully someone else with more direct experience can offer some more hints ...

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pippinlily
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Post by pippinlily » Thu Apr 17, 2008 4:08 pm

This is great, thank you. Lots or me to research. He actually has a job offer in spain and we are currently working our way through the paperwork requirements for this, but it is way more convoluted than we imagined, so we are looking into other options.

yankeegirl
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Post by yankeegirl » Thu Apr 17, 2008 5:39 pm

I don't *think* you'll need the UK spouse visa.

Check and see if he can directly apply for a residence permit as the spouse of an EU citizen, once you're married in Spain. All EU countries have this, though the actual name may vary by country. Once he has gotten this, he should have the ability to work in Spain.

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