Non-EU husband and father in Spain:visa requirement & ri

[cindycs]

I met my partner in India last year and we have just had a child together in the UK. He is currently visiting on a tourist visa and will go back to India in February. We will then apply for a visa for marriage purposes to come to England and marry with my family present as soon as possible. We do not wish to stay in England, but want to go to Spain with our child for the summer of 2013 as I have work lined up there. I am freelance and currently self-employed in England but will register as self employed in Spain when we get there.

Our questions are these:
1. Will he need to have a visa for Spain organised before he comes to England for marriage? If so, which visa?

2. Does he have the right to work in Spain as my husband and the father of an EU child?

Thank you very much.

[EUsmileWEallsmile]

Our questions are these:
1. Will he need to have a visa for Spain organised before he comes to England for marriage? If so, which visa?

2. Does he have the right to work in Spain as my husband and the father of an EU child?

Thank you very much.

1. Yes, he will need a visa. It will be easier to apply as the spouse of an EU partner. (It is also possible to apply as durable partner).
2. If you reside in Spain in accordance with the terms of the directive (self-employed is fine), then your husband would have the right to work.

You could do well to familarise yourself with this.

http://europa.eu/legislation_summaries/ ... 152_en.htm

[cindycs]

Thank you for your quick response.

Can we apply for his Spanish visa (spouse of EU person) from England then?

[EUsmileWEallsmile]

Thank you for your quick response.

Can we apply for his Spanish visa (spouse of EU person) from England then?

In theory, yes. You may find that the Spanish embassy are a little less helpful than you might like them to be. They may expect your husband to apply at his country of residence for example. You could argue that this is unnecessary and diproportionate.

You may find that you need to have your marriage certificate translated and legalised before applying for the residence card in Spain (and possibly the visa). These can all be done, but best to start looking into this now.