Rights of a non eu spouse in Gibraltar

[bartongib]

MY WIFE IS A NON EU NAT SHE ALL READY HAS RESIDENCE IN GIBRALTAR. HOWEVER AS I HAVE 5 YEAR RESIDENCE SHOULDNT SHE ALSO HAVE THE SAME LENGHT OF STAY?? AT PRESENT WE HAVE TO RENEW EVERY YEAR. WHAT HAPPENS WHEN SHE TAKES RETIREMENT WHICH SHE IS LEAGALY ENTILED TO AS SHE IS ALL READY 60 THIS YEAR?? ALSO WHAT ARE THE RULES ON WORKING AND VISITING OTHER EU COUNTRIES MAINLLY SPAIN FOR MY WIFE DOES SHE REQUIRE A SCHENGEN VISA??. I AM A BRITISH CITIZEN RESIDENT IN GIBRALTAR

[ca.funke]

hi bartongib,

you may want to consider using lowercase - uppercase is considered SCREAMING and harder to read.

Have a look at the replies "claire_dean" got in >>her Gibraltar-related<< topic (=none). Gibraltar has its own regulations, which are known by only few people, as the population of Gibraltar is so small.

Now to my limited contribution that I can make to your actual question:

I do know that a person who is resident inside EU/Schengen and would nationality-wise need a visa for the UK, does need a visa for Gibraltar.

I think these people would need a UK-visa to enter Gibraltar, but not sure on this account.

(Quite paradox, as EU residents of family-members wouldn´t need a UK-visa to enter the UK (2004/38/EC), but would need one for Gibraltar, but that´s a whole different story)

As such I guess your wife would need a Schengen-visa to enter Schengen, which obviously includes Spain.

Good luck in your endeavours

[bartongib]

ca.funke Many thanks for your reply.

Quite paradox, as EU residents of family-members wouldn´t need a UK-visa to enter the UK (2004/38/EC), but would need one for Gibraltar, but that´s a whole different story)

Now this has open a complete new can of worms as I have been told that we need avisa to enter UK although we are all residents of the EU. The Visa Apllication ask for just about eveything which includes letter from our son in law, copy of his passport etc just so my wife can vist her daughter. Any wonder why every one likes to leave the UK. I will look this directive up but if I know the UK they will have an opt out some were.

Again many thanks
Nigel

[Obie]

1.5 Gibraltar
Since the British Overseas Territories Act 2002 all Gibraltarians automatically gain British national status and have to renounce this status if they do not want it.
Gibraltar is within the European Community by virtue of Article 299(4) of the Treaty establishing the European Community. However, under the UK's Act of Accession to the EC Gibraltar is excluded from four areas of Community policy:
•
the Community Customs Territory and Common Commercial Policy (and thus Community rules on the free movement of goods, do not apply),
•
the Common Agricultural Policy,
•
the Common Fisheries Policy,
•
and the requirement to levy VAT.
Gibraltarians have rights of free movement within the EU. While the UK Government is ultimately responsible under the Treaty for the Implementation of Community Law in Gibraltar, EC measures are usually implemented within the territory by means of local legislation enacted by the Gibraltar legislature.

[Ali_G]

Hi bartongib

I see you are british citizen but your wife is NON-EEA ... i am wondering since you are british and you both have been living in Gibraltar for ages then why cant your wife apply for citizenship?

I know that Gib is a dependent territory of the uk but if you both lived in Gib over 3 years your wife has full right for getting Gibraltar citizenship then she will be British Overseas Territories citizen but she can apply for registration as a British citizen ...

[Ali_G]

Hi mate

May I suggest you read the following link as your wife is not European national living in Gib.

http://www.cab.gi/start/residency-in...ermenu-28.html

Best wishes