UK mum, Indian dad, UK born baby want to live in Spain

[cindycs]

Hi there,

I am totally new to this so I apologise if my post echoes others' and if I go into too much detail, but every case is so individual and ours just might have something that another one doesn't!

A bit of background:

I am a UK citizen and met my partner, who is Indian, while I was travelling in India a year ago. We fell in love and felt very seriously about each other from the start. A month later I was pregnant and although it was extremely quick, we both felt very happy about it.

We applied for a UK tourist visa for him to come for the summer but were refused as the Entry Clearance Officer actually mis-read our documents, in our opinion. We were sent the right of appeal, so went through those channels, not knowing that, in fact, our appeal could take over 6 months and was thrown out due to ours not being for a family visa. In fact they should not have given us right of appeal in the first place. Money, time, wasted...

In July we made a fresh application, with some professional help, and succeeded in getting a 6 month tourist visa so that he could be with me for the birth in September.

I am a freelance chef and before going to India I was working in Spain, for private clients in the summer of 2011. I didn't earn enough to have to pay tax and mostly the clients were English anyway so was paid through the UK, so didn't bother to get a NIE number or register for residence as I was leaving to go to India for a few months anyhow after the summer.

Now, however, I find myself in a position where my Indian partner (who is in UK until Feb 2013), father of my child, and I are trying to decide where to live, and how. Ideally I would like to return to my clients in Spain (Ibiza) for the summer 2013 with my partner so he could be with us for our child. Ideally he would also have the possibility to work in Spain to help support his family. I have read a little about the Zambrano case which could work in our favour (?)

We have some savings in the bank, so that should also work positively for us.

We were then thinking to go back to India at the end of the summer for the season there (Nov - April).

Does anyone have any advice on the best way to proceed in Spain? After the frustration encountered getting a UK tourist visa for the father of my child, I am more than a little anxious about how it's going to be for Spain, when I am not a resident or tax payer there (yet).

Thank you very much. All information is appreciated as we are only now starting this process and feel we know nothing in this bureaucratic minefield!

[Jambo]

Do you plan to get married? That will ease the immigration issues as married partners of EU citizens enjoy automatic rights within the EU (under certain conditions).

[cindycs]

We do plan to marry but are not sure if a marriage certificate in India will be sufficient.

[Directive/2004/38/EC]

If you are married, then he has a automatic right to be with you if you travel to another (non-UK) member state. Marriage in India is just as good as anywhere else, and maybe more fun.

I would recommend getting several copies of the marriage certificate if possible (I got 4 when I got married in the UK). If you want to register the marriage with the UK GRO, then one will be absorbed into the borg.

You can go to Spain. Work is pretty dire there in general.

Legally speaking he is allowed to work from day 1. The paperwork to prove that and waiting may take substantially longer.

In general you want to collect as much evidence that you (the EU citizen) are working as possible. Should you later ever wish to return to the UK, that is then easy and free to do on the basis of European law.

[cindycs]

Thank you very very much!

Very relieved to know that he will be, legally, able to work. Feels so good to have something positive.

We will go back to India in Jan/Feb, and are now considering applying for a UK fiance visa. That way we could come back to England and get married before heading to Spain for the summer. The tricky thing is, though, we will not be married when we are applying for the Spanish visa from India so what kind of visa should we apply for? And if we do marry in England the non-settlement fiance visa is only valid for 6 months and we would be in Spain for longer than 6 months. Is there something else that will allow him to come back through England after the 6 months has expired from his fiance visa? EEA permit perhaps? We would probably go back to India then for the winter season.

This does complicate matters but our ideal situation would be to spend the summer in Europe and winter in India.

Thanks for your help.

[Directive/2004/38/EC]

Very relieved to know that he will be, legally, able to work. Feels so good to have something positive.

We will go back to India in Jan/Feb, and are now considering applying for a UK fiance visa. That way we could come back to England and get married before heading to Spain for the summer. The tricky thing is, though, we will not be married when we are applying for the Spanish visa from India so what kind of visa should we apply for? And if we do marry in England the non-settlement fiance visa is only valid for 6 months and we would be in Spain for longer than 6 months. Is there something else that will allow him to come back through England after the 6 months has expired from his fiance visa? EEA permit perhaps? We would probably go back to India then for the winter season.

This does complicate matters but our ideal situation would be to spend the summer in Europe and winter in India.

Proving to an employer that he has the right to work will be harder until he has a Residence Card. But he will not be illegal.

Getting a fiancé visa to the UK may be difficult. They may suspect you plan to stay in the UK and may refuse it.

Sounds nice to spend summer in Europe and winter in India, but some aspects may be difficult to do with a small baby and unless you have a good amount of money. Friedensreich Hundertwasser did it between Austria and NZ.

Once you have been working in Spain and have proof of that, then you can enter the UK freely on an EEA Family Permit. That will be your best option.

When did you work in Spain? What proof of that work do you have now?