Which type of Schengen visa for residency?

[Muddy Waters]

Could someone please let me know, if it is my intention as an EU national to reside in another member state and to have my non-EU husband to move with me, is it good enough to apply for a tourist visa to enter that member state or do we need some sort of long term residency visa?

My husband applied for a tourist visa to move with me to another EU country, but he is being refused on the grounds that he has applied for the wrong type of visa as it is 'not extendable' and that he should be entering on a long term residency visa and that he 'would not be entitled to residency'. Is this correct does anyone know?

[flyboy]

Your husband ,as the spouse of an EU national that will be exercising her treaty rights in the concerned member state, your husband can enter the member state with a short stay visa and has every right to apply for a residence card as a EU family member exercising one of his/her treaty rights within the member state, without the need of a long term residency visa.

Have a look at the following link taken from the Spanish consulate website regarding long term visa and especially the bit about the spouse, parent or descendent of a citizen of the European Union, Norway, Iceland, Liechtenstein or Switzerland. The same principle should apply in all EU member states.

http://www.maec.es/subwebs/Consulados/L ... ondon.aspx

[Directive/2004/38/EC]

What nationality is your husband?
Which country are you applying for the visa?

The visa is just for entry. You will not need to "extend" the visa, because your husband will apply for a Residence Card.

The French embassy in Washington has a nice summary of what is required for EU citizens. Note that the long stay visa is only required for spouses of French citizens and not for spouses of other EU countries. http://www.consulfrance-washington.org/ ... article470