Spain and Visa Requirements for a non EU spouse

[karlcoulby]

I am planning on moving to Spain and have a non EU spouse (I am a British Citizen and my spouse is from the Dominican Republic). It is my intention that she move to Spain with me, but I am not sure what the visa requirements are or how to go about getting one. Could anyone inform me of what to do with regard to applying for a Visa for her and what is needed in order to have her join me and live with me in Spain?

My e-mail address should you wish to respond privately is karlcoulby@yahoo.co.uk

we currently both reside in the Dominican Republic

Thank you in advance for any help you may be able to give

[Ben]

Free Schengen visa to be issued by:

Embassy of Spain in Dominican Republic
Av. Independencia, 1205.-Santo Domingo.
City: Santo Domingo
Phone: +1-809-5356500
Fax: +1-809-5351595
Email: embespdo@mail.mae.es

[Advoco]

Once in Spain you can apply for residency with just a British passport. Once you have residency she will be able to get a residency as a dependent of an EU national but it is a slightly more cumbersome process; certainly the marriage certificate and a legally certified translation of it will be required.

http://www.advoco.es/home/22-latest/29- ... dency.html

[El shaddai]

Hi Advoco, it s not that easy anymore as it use to be in Spain. Lots of changes has occured.

[Jim007]

HiKarlcoulby, I have the exact same problem as you i was just about to post the same thing !!! I uk nat married 4 years to vietnamese national We want to come to spain. The spanish consul in Hanoi told me i need a residence card before my wife con join me. If you read decree 240-2007 art 8c this states the same. I am thinking of applying for a schengen visa for 90 days as a tourist, you dont need to fill in the questions about funds, job,hotel reservation etc .I dont know if its better if you buy a return ticket to show them the intention of her returning . How about her rights under directive 2004-38 ? They say she may have to come for a interview. When we applied for six months uk visitor visa they asked her if she wanted to stay in uk the visa was given the same day with no ticket asked for. If you apply for a residence card as soon as you get to spain { you need to have a rental ageement or deeds ] is it logical for your wife to apply say one month later as your application is in the system ? I forgot you need original marriage & birth certificate legalized, hopefully your wife knows where to do this. Maybe someone else can offer some info . Hope you dont think ive hijacked your post . I will send you a email.

[TracyCK]

There are many people here who are far more knowledgeable than I, but I am fairly certain that according to EU Directive 2004/38, your Non-EEA spouse has right of entry to ANY EU country except the UK (as it is your home country) for up to 90 days, no questions asked.

Once you have settled, found a home (within the 90 days), started work (or can prove self sufficiency), you apply for Residency for both you and your spouse. My personal experience of applying for Residency in Spain was very simple but this was a couple of years ago, and I think I have read somewhere that it is also simple for the Spouse Residency also, but this is a path I have yet to follow.

I have lived in Spain for 3.5 years but have not worked for almost a year as I have been spending much of this time in Morocco with my Fiance and just travelling back to Spain to shop and take care of different things. When we marry in just a few weeks time, we expect to immediately apply for my Fiance's Visa and enter Spain together within just a few days. To this extent, I think it can almost be viewed that I will be beginning a new period of 'exercising my Treaty Rights' and therefore have 90 days in which to decide upon settlement. I don't expect any problems even though my Fiance's case is quite complicated.

[TracyCK]

Below is a link to a nice translation of Real Decreto 240/2007 which is the Spanish incorporation of EU Directive 2004/38 into National Law.

http://www.ukgovabusesexpats.co.uk/Arti ... 0.2007.htm

Below is the Spanish version

http://www.boe.es/aeboe/consultas/bases ... 2007/04184

[Jim007]

I agree you should exercise your rights under directive 2004/38, but the difficulty in vietnam is getting the visa.If you say she wants to join me to live in spain they say i need a residence card before she can join me,they dont agree that we can both go together and she claim residence once in spain. I think it better i just state tourist on the visa then claim residency once in spain.They love to send you round and round in asia.On the schengen app it states you dont have to reply about hotel booking etc then they give you a cv form asking the same questions they are not suppost to ask you.
I will not be working i assume bank statements from uk & Vietnam un legalized showing £120K would be ok ?

[TracyCK]

Yes, I think you enter Spain together with your wife on a Visa and claim Residency later, at which point you would probably need to show self sufficiency. But the Visa should be that for a Family Member of an EEA Citizen and should be issued free and without undue formalities. This Visa is different from the normal Tourist Visa as it immediately gives your wife the sames rights of freedom that you have.

It is possible that the Spanish Embassy in Vietnam aren't as current with procedures as they should be so I would pass them a copy of their own Decree with Article 4.3 highlighted. Your Family Member does not need to have Residency anywhere in Europe in order to enter. All you should need to show to get this visa are your passports and you marriage certificate. (It might be a good idea to have an official, certified translation of this).

If the Embassy continues to be less than helpful, try to get something in writing from them and travel without the Visa to the border where they are beholden to allow entry and issue a Visa to your wife on the spot since you will be able to show that you have been unable to acquire the Visa previously. Other people here may have additional information for you on the right steps to take here.

Alternatively, perhaps someone can suggest who to call to ask them to call the Embassy in Vietnam and educate them of their duties....

Since I will be doing this myself soon, I will see if I can dig up the correct Visa application form and post a link to it if I do. In the meantime, here is a link to the Directive in Spanish from the Europa site. On that site, you can pull up any document in 2 languages side by side which is helpful when figuring out what sections you need to highlight for the other party.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:ES:PDF

Ah... Normally the above is true, but the site is down for maintenance currently, until tomorrow.

[TracyCK]

Here is a link to a Schengen Visa application in Spanish and English. I believe that the application is uniform wherever you are and whatever type you apply for, so this should be good. At the bottom of the first page, it states clearly that Family Members of EU/EEA Citizens do not need to complete the questions marked with *

I would complete this form and take it to the Embassy/Consulate. The visa should be issued immediately.

http://www.consulate-spain-chicago.com/ ... enVisa.pdf

[Directive/2004/38/EC]

Many European embassies are not sure what to do in this situation.

The German embassy in London wants you fill out a somewhat more complicated visa form than the normal Schengen visa.

In general the non-EU spouse gets an ENTRY visa. Schengen visa will do.

Once in country, the EU spouse gets a job (or similar) and then the non-EU family members can get a Residence Card.

[Jim007]

The consul in hanoi say they wont issue a entry visa unless i have a spanish residence card. I dont have this,so my wife is applying for a 90 day schengen tourist visa showing return ticket etc . Whenshe applies for a residence card will they say she has entered on the wrong visa and told to return on the correct visa even as the directive says otherwise ? I understand none discriminate sanctions could be imposed on her, but thats a very broad term. Can anyone clarify for me that once she has arrived via this method she can get residence. [ I hope to get/ apply for mine within the fist couple of weeks of arrival.Many thanks for all your help.

[Ben]

Whenshe applies for a residence card will they say she has entered on the wrong visa and told to return on the correct visa

No.

the Court holds that a non-Community spouse of a Union citizen who accompanies or joins that citizen can benefit from the directive, irrespective of when and where their marriage took place and of how that spouse entered the host Member State.

Can't get much clearer than that.

[Directive/2004/38/EC]

The consul in hanoi say they wont issue a entry visa unless i have a spanish residence card. I dont have this,so my wife is applying for a 90 day schengen tourist visa showing return ticket etc . Whenshe applies for a residence card will they say she has entered on the wrong visa and told to return on the correct visa even as the directive says otherwise ? I understand none discriminate sanctions could be imposed on her, but thats a very broad term. Can anyone clarify for me that once she has arrived via this method she can get residence. [ I hope to get/ apply for mine within the fist couple of weeks of arrival.Many thanks for all your help.

I hope they are doing this visa for not charge and that you do not have to provide much documentation other than your passports and your marriage certificate.