EU family member residency card refusal

[roundcat]

Hello everyone,

Could you please give me an advice.
I am an Irish citizen and moved to Spain. I have 2 dependant family members (my mother and daughter). They have been dependant on me for over 5 years and they got their first 5 year residency cards 6 years ago in Spain without any issues. Later, we returned to Ireland, applied in Ireland based of Freedom of movement and received Irish residency cards. Later I had move to Bulgaria, where we went through the same process again and got Bulgarian residency cards. Recently, we returned to Spain and applied again for 5 year cards but were refused.

They mentioned that there is not enough evidence of dependancy and no medical insurance provided. However based on Directive 2004/38 the health insurance is not mandatory in case I have full time job in Spain (which I have).

Can you give any advice what to do next? Proceed with the local appeal or should I appeal to Irish Solvit?

Thank you.

[Angel99]

Hello everyone,

Could you please give me an advice.
I am an Irish citizen and moved to Spain. I have 2 dependant family members (my mother and daughter). They have been dependant on me for over 5 years and they got their first 5 year residency cards 6 years ago in Spain without any issues. Later, we returned to Ireland, applied in Ireland based of Freedom of movement and received Irish residency cards. Later I had move to Bulgaria, where we went through the same process again and got Bulgarian residency cards. Recently, we returned to Spain and applied again for 5 year cards but were refused.

They mentioned that there is not enough evidence of dependancy and no medical insurance provided. However based on Directive 2004/38 the health insurance is not mandatory in case I have full time job in Spain (which I have).
Can you give any advice what to do next? Proceed with the local appeal or should I appeal to Irish Solvit?

Thank you.

Hi,

They probably think you are taking advantage of the system to move around with your non EU relatives (**your mother is considered "dependant family member" and need strong grounds she is dependant on you.** if your daughter is not a minor she will be considered same as your mother)

Provide the Spanish Authorities with your record and dependant's previous stay in Spain plus Irish and Bulgarian.( prove they lived with you there and they were dependant on you)
Then provide them with your new employment in Spain.

Since they do not accept they are dependant on you your employment does not allow them free access to the health care system.

**Some EU countries do require except EU spouses and minor children, other relatives to have their own health insurance (Ireland,Germany, Czech Republic, etc)