Applying as dependent of my non-EU spouse?

[Noz03]

I am a British citizen living in Spain for the last 18 months with my non-EU spouse. As I understand, the condition for us to be a resident here is not necessarily to have a job, but to show that we have enough money to support ourselves, which I did in the form of bank account statements when I registered. I was also asked to show 1 year of insurance cover, which I did via private insurance.

I still have that private insurance, but am finding out many things that it doesn't cover (covid19 tests for example) so am thinking to register as a dependent of my partner. But while having a job is not a requirement for me to stay here, I am a little worried if this action could have any effect on my residence here, especially as I will likely need to update my status soon due to brexit.

Does anyone know if registering as a dependent here in Spain would cause any problems like this?

[CR001]

What is your non-EU spouses immigration status in Spain that you want to become their dependent??

[Noz03]

What is your non-EU spouses immigration status in Spain that you want to become their dependent??

Her residence status is EU-family member, she is working over a year in the same company and already has public healthcare through her job, and I am not working or requesting any support, basically self sufficient from my savings but would like to be her dependent to be registered for public healthcare.

[Noz03]

So does anyone know if this might affect anything in my rights to stay in Spain?

Is it allowed that the non-eu spouse is the worker, providing our means to support ourselves, and the EU citizen is dependent for tax and healthcare purposes?

[CR001]

You as the British spouse is the one that has to be exercising treaty rights. Your non EU spouse activities are irrelevant. Your non EU spouse is dependent on you being a qualified person exercising treaty rights for their right to reside in Spain. They cannot sponsor you.

[Noz03]

You as the British spouse is the one that has to be exercising treaty rights. Your non EU spouse activities are irrelevant. Your non EU spouse is dependent on you being a qualified person exercising treaty rights for their right to reside in Spain. They cannot sponsor you.

I am not asking my spouse to sponsor me. The dependent thing is ONLY about local tax status and local healthcare. I am just worried that it could effect my rights to stay here as being self sufficient is a requirement for me to exercise my rights.

For example if I was to receive government benefits that would obviously go against me claiming that I am self sufficient... But I would assume that receiving healthcare from my partners employment is not a form of benefits and should not be a problem, I just wanted to make sure that the law agrees with me.

[Granista]

Yes, it will go against you.

You need to be a worker or prove self sufficiency (which includes health cover) in order to be exercising treaty rights. If you have no job and are a dependent of your spouse, you are not a worker or self sufficient. Ergo, you are not exercising treaty rights. And so your spouse cannot derive treaty rights via you, so their basis to live in Spain has gone.

If you are a dependent of your spouse, neither of you are qualified to remain in Spain under EUTR.