Residency for American husband

pippinlily · Post by **pippinlily** » Tue May 26, 2009 3:01 pm

Hi everyone.
I am british living (resident) in Spain. I married an american in the USA a couple of months ago and was told by the Spanish consolate in San Francisco that we shoud return to Spain together and my husband could apply for residency in Spain within 3 months. However, when we went to apply, we were told we had to have an official BRITISH marriage document. When I called the british consolate they told me that they no longer issue this document as the spanish authorities no longer accept it.

Is there anything we can do now?

Thanks.
Rose

Post by **John** » Tue May 26, 2009 3:22 pm

The Spanish are not the best for understanding the terms of the EU Directive, which gives your husband the right to stay in Spain with you, and to exercise EU Treaty Rights, such as the right to live and work in Spain.

Your US marriage certificate confirms that the two of you are married, and thus that your husband is your "family member". If the office you are dealing with will not budge, suggest you contact SOLVIT, and as you are British, you need to contact the British SOLVIT, who will hopefully be able to resolve the matter.

For the SOLVIT website ... click here.

Post by **Directive/2004/38/EC** » Tue May 26, 2009 3:51 pm

I agree - contacting Solvit is your best bet.

If your Spanish is better than mine, then you should also read the laws at http://eumovement.wordpress.com/info-spain/

charles4u · Post by **charles4u** » Wed May 27, 2009 8:29 am

John wrote:The Spanish are not the best for understanding the terms of the EU Directive,
.

So who is Mr John ?................... British ?

Your US marriage certificate confirms that the two of you are married, and thus that your husband is your "family member". If the office you are dealing with will not budge, suggest you contact SOLVIT, and as you are British, you need to contact the British SOLVIT, who will hopefully be able to resolve the matter.

For the SOLVIT website ... click here

Pls which SOLVIT can we all contact on the case of UK issuing a visa for EU family members...

Post by **John** » Wed May 27, 2009 8:51 am

So who is Mr John ?................... British ?

I not going to hazard a guess, but would say that a recent EU report stated that not one EU state had fully and completely implemented the EU Directive that came into force on 30.04.06. That is, all member states still have some work to do before they are fully complying.

Pls which SOLVIT can we all contact on the case of UK issuing a visa for EU family members...

You contact the SOLVIT for the member state that the EEA citizen is from. So, for example, if we are talking about an Italian citizen exercising EU Treaty Rights in the UK, and their spouse is having problems getting UKBA to comply with the EU Directive, then it is to the Italian SOLVIT that contact should be made.

ciaramc · Post by **ciaramc** » Wed May 27, 2009 8:54 am

Charles -

You must contact the SOLVIT office in the country of your spouse, they then deal with the issue and try to resolve it! For example I as an Irish citizen having problems in Italy would contact the Irish SOLVIT. Just like you having had problems with the UK would have to contact the Romanian SOLVIT as that is where your wife is from.

Sorry don't think I understand your other question??? Who is Mr John? British? Does it matter where he is from? He is just giving his opinion?

Post by **Directive/2004/38/EC** » Wed May 27, 2009 9:29 am

If you contact Solvit using their web gui, it will automatically be routed to the right office.

ciaramc · Post by **ciaramc** » Wed May 27, 2009 9:46 am

Yep, sorry I knew that! I was really surprised at first when the Irish SOLVIT contacted me!

Has anybody actually had SOLVIT help them??? Everytime I see a post on here it seems that SOLVIT can never help them?? Just wondering anyone had any positive news from SOLVIT!

Post by **Directive/2004/38/EC** » Wed May 27, 2009 9:52 am

Yes, I know somebody who solvit helped. In this case it was a tourist visa for Ireland for the mother of an EU citizen child. Irish embassy wanted to charge a fee, required bank statements, letters from work, reservations and a irish reference. UK Solvit talked with Irish Solvit, and in the end the visa was issued based on the European rules â€“ proof of relationship and ID only. None of the rest of the fluff was required. Took a long time though.

You have to be firm sometimes with Solvit UK. Do not let them brush you off. It is worth also having an opinion from http://ec.europa.eu/citizensrights/ to give to Solvit UK. And note that Solvit UK sometimes gets â€œadviceâ€

charles4u · Post by **charles4u** » Wed May 27, 2009 9:56 am

All what I am saying is that why must UK make compulsary for family members even with residence permit to get a visa (EEA family permit) b4 going to UK.

I was in Germany, Holland, Denmark, Hungary, Czech, Slovakia and I dont have any problem at all. They only asked for my spouse and our marg cert ...thats all

So what will all this SOLVIT nonsense do huh ???????? (I once did and they said stories)...waste of time...

Maybe you guys can contact one for me....

ciaramc · Post by **ciaramc** » Wed May 27, 2009 9:57 am

Ok my case they couldn't help it had already gone to appeal....which was infront of judge so they said they couldn't get involved....but since I'm going to have to start from the start once again I thought it would be good to know this time that I can get SOLVIT involved! So would I have to wait a certain amount of time before you can get SOLVIT involved???

ciaramc · Post by **ciaramc** » Wed May 27, 2009 10:00 am

No Charles you have to contact them yourself ????

Why could they not help you? They could not help me because it had already gone to appeal?

Have you tried again for a EEA family permit?

Wanderer · Post by **Wanderer** » Wed May 27, 2009 10:03 am

I must admit I asked Solvit a question about the German version of the EEA FP and got rubbish basically. Stock answer C&P'd from a webpage I'd already read day one of my research.

Never bothered again.

charles4u · Post by **charles4u** » Wed May 27, 2009 10:08 am

ciaramc wrote:No Charles you have to contact them yourself ????

Why could they not help you? They could not help me because it had already gone to appeal?

Have you tried again for a EEA family permit?

They will always have one or 2 excuses to give and for me.....I dont think I will ever apply for any UK visa....thank God I dont have any family there anymore.

Wanderer............thats the fact and the way they act.

Post by **John** » Wed May 27, 2009 11:12 am

Wanderer wrote:I must admit I asked Solvit a question about the German version of the EEA FP and got rubbish basically.

In a sense the question you asked really does not have a logical answer. The reason for that is that (as far as I am aware) the UK is unique in having a special sort of visa or permit for the situation where the UK requires an EEA Family Permit. So the question you asked might have sounded very strange.

ciaramc wrote:Has anybody actually had SOLVIT help them??? Everytime I see a post on here it seems that SOLVIT can never help them?? Just wondering anyone had any positive news from SOLVIT!

I am surprised by that comment. Indeed until Wanderer posted his comment, quoted above by me, I cannot recollect reading a bad word about SOLVIT.

Post by **Directive/2004/38/EC** » Wed May 27, 2009 11:26 am

John wrote:I am surprised by that comment. Indeed until Wanderer posted his comment, quoted above by me, I cannot recollect reading a bad word about SOLVIT.

A number of people have found Solvit UK unresponsive and quick to wash their hands of problems.

As I said above, I think you sometimes to have to gently constantly push them and closely manage them to prevent that from happening.

ciaramc · Post by **ciaramc** » Wed May 27, 2009 11:26 am

Really maybe thats just my experience but don't actually remember reading about them helping anyone other than the case wanderer just mentioned! Maybe that's just my experience!

Sorry have completely highjacked this post Sorry OP

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Residency for American husband

Residency for American husband