Advice needed: what happens to non EU family members if the EU citizen naturalises in the host country?

[notrouble]

Dear all,

I’m an Irish national who has been in Spain for a long time for work. My mother is a non EU national (75 years old) and has lived with me in Spain for over 10 years and holds a permanent residence card as a family member of an EU citizen in Spain.

If I were to naturalise in Spain, what would happen to my mother’s immigration status?
1) would she be able to continue using her current card that is still valid for another 5 years? (It’s a 10 year card).
2) or would she need to apply for a new one as a family member of a Spanish citizen?
3) anything else that I should know about?

Thanks!!!

[Angel99]

Dear all,

I’m an Irish national who has been in Spain for a long time for work. My mother is a non EU national (75 years old) and has lived with me in Spain for over 10 years and holds a permanent residence card as a family member of an EU citizen in Spain.

If I were to naturalise in Spain, what would happen to my mother’s immigration status?
1) would she be able to continue using her current card that is still valid for another 5 years? (It’s a 10 year card).
2) or would she need to apply for a new one as a family member of a Spanish citizen?
3) anything else that I should know about?

Thanks!!!

Hi,

Since your mother already has Permanent residence card for EU family members she is on her own rights. Which means even if you naturalised and giveup your Irish citizenship for your own reasons, she will still enjoy her freemovement rights and keep her card.

Another thing, Spanish government extends the same EU directive to family members of Spanish citizen. So there is no difference between EU citizen and Spanish citizen family members.

[notrouble]

Thanks again!!!

Two cents from my side:

1) my sister (a non EU citizen at the time) was also in Spain with a permanent card as a family member of an EU citizen. She had a child a few weeks after she got her permanent card. When we went to the immigration office to register the child, our request was rejected despite my sister (the mother of the new born) had a permanent residence. The authorities explained that since my sister had a derived right to be in Spain, her own child had NO right through my sister, and had to be reunified again with me. So that’s what I had to do…

2) Two years ago, when I arrived to Dublin airport with my mother, I witnessed a training session for new immigration officers. The more experienced officer was showing to them my mother’s Spanish card and was explaining that they need to double check that the card is not issued to a family member of a Spanish citizen and that they would to be eligible to enter Ireland without a visa unlike my mother who got it through me…

Hence, I doubt that my mother would be able to retain this card… but again I’m not sure what constitutes the basis for these decisions and if there is any casework that is used in these situations…

[Angel99]

Thanks again!!!

Two cents from my side:

1) my sister (a non EU citizen at the time) was also in Spain with a permanent card as a family member of an EU citizen. She had a child a few weeks after she got her permanent card. When we went to the immigration office to register the child, our request was rejected despite my sister (the mother of the new born) had a permanent residence. The authorities explained that since my sister had a derived right to be in Spain, her own child had NO right through my sister, and had to be reunified again with me. So that’s what I had to do…

2) Two years ago, when I arrived to Dublin airport with my mother, I witnessed a training session for new immigration officers. The more experienced officer was showing to them my mother’s Spanish card and was explaining that they need to double check that the card is not issued to a family member of a Spanish citizen and that they would to be eligible to enter Ireland without a visa unlike my mother who got it through me…

Hence, I doubt that my mother would be able to retain this card… but again I’m not sure what constitutes the basis for these decisions and if there is any casework that is used in these situations…

*Your sister was a dependent on you the EU citizen. Although the permanent residence card is under her own rights she can not extend that to her other relatives. You the EU citizen need to show that the child is also dependent on you to trigger the EU directive for that child. Else normal residence permit rules will apply and your sister has to be the sponsor.

*Residence card issued to Spanish relative can not travel to Ireland with that card unless he/she is a spouse or minor and travelling with the Spanish citizen, then in most cases they will admit this 2 groups without a visa. But parents and other relatives need to prove dependency and apply for visa.

But in your case you are an Irish citizen and your mother's residence card was issued under you being other Union citizen. Now she has a permanent residence card from you. After this she is on her own rights and the card doesn't change regardless of your citizenship. She can move and establish her own residence in all schengen countries except Ireland, Denmark, Romania and Bulgaria.

There is a reason they call it "Permanent Residence Card". She can travel to all EU countries for 90days alone.