non eu family member studying in other eu country?

Hi people!

I Hope you can help me answer my questions.

Can a family member(Colombia) of an EU national study in another EU country(Spain) while the EU partner(Poland) is working in another EU country(Scotland)?
What ar th conditions? please help

Thanks

The Columbia family member studying in Spain is not covered by community law, but rather Spanish domestic immigration law, if he/she meets the requirements.

Obie wrote:The Columbia family member studying in Spain is not covered by community law, but rather Spanish domestic immigration law, if he/she meets the requirements.

Obie, I would disagree with you. The OP is asking if there is any conditions for the non EU Family member to qualify under the EU law that they could meet rather than claiming they qualify at the given scenario. I believe they do qualify under EU law if the EU family member travels back to Spain atleast once a week and would want to keep Spain as their residence. They would be classified as cross border worker where the non EU family member can apply for a residence under the community law.

I dont disagree that it is practical not possible for someone to travel between Spain and Scotland every week however if they are willing to to do so there is a provision in the directive for them.

OP this has nothing to do with EEA Route at all and this question should be posted in the European Immigration section.

There is no indication the OP was asking about the rights of frontier worker and their family members. If i had an inkling she was, i would have replied appropriately.

She mentioned the polish spouse working in Scotland, but there was no indication the spouse will be returing to spain on a daily basis or at least once a week.

I cannot be criticised or blamed for not being a mind reader.

I must say i am rather amused, that you were able to deduce from that post, that OP spouse is/ is intent on becoming a Frontier worker.

Obie wrote: I cannot be criticised or blamed for not being a mind reader.

I must say i am rather amused, that you were able to deduce from that post, that OP spouse is/ is intent on becoming a Frontier worker.

I niether criticised nor blamed you rather just disagreed with your statement. I have read few of your posts and know you have always been helping people where you can. Lets keep it light as I am only trying to help the OP like yourself.

Well the OP asked if there is any provision that could help them get the residence under EU law and I think that could be an option. The motive here is for them to understand they can practise their EU rights if they work as a cross border worker depending on the situation.

Hello

Thanks for the answers, I am sorry if I didnot explain correctly my question.

But yes, newbieholland is almost right, that is what I meant,

The idea is abit different I am not sure if its possible to do,

me as the nonEU partner wants to study in Spain and my partner needs to keep living and working in Scotland. Once I finish the studies in Spain I move to Scotland again. I still dont know if apply for UK residence card yet.

Also I am not sure how to enter Spain and remain there legally.

I know I can apply for Schengen visa and then? residence card? but I dont know how the Spanish immigration can check my status there while I am studying and my partner is working in the UK?

Does my partner have to live for the first months in Spain for the application of the Spanish residence card? or I can remain there while studying and waiting for it?

Thanks for your help.

toabetterchange wrote: I know I can apply for Schengen visa and then? residence card? but I dont know how the Spanish immigration can check my status there while I am studying and my partner is working in the UK?

Your partner can work in Scotland while making Spains as the country of residence. To qualify for a residence as a cross border worker they would need to travel back minimum once a week to Spain.

They would also need a comprehensive health insurance covering both of you. The rest of the proceudres will be same for the Schenegan Visa & the residence card would stay the same for you both however they will have to provide an evidence that the EU partner has taken residence in Spain.

I must admit I did not follow the finer points of the discussion above but would like to ask opinions on the following (similar) scenario:

Italian mother, lives in Italy, 18 year old Argentinian national son lives in Spain (legally).

The son would like to come to the UK to study and also do part-time work to help with his maintenance. Mother lives in Italy.

Am I right in assuming that the son has residence rights in the UK as a non-EEA family member of an EEA national and on this basis he is free both to study and work in the UK?

Is the correct procedure for the son to get a UK visa in Spain by completing the VAF5 application form and once he is in the UK obtain a residence card?

manci wrote:I must admit I did not follow the finer points of the discussion above but would like to ask opinions on the following (similar) scenario:

Italian mother, lives in Italy, 18 year old Argentinian national son lives in Spain (legally).

The son would like to come to the UK to study and also do part-time work to help with his maintenance. Mother lives in Italy.

Am I right in assuming that the son has residence rights in the UK as a non-EEA family member of an EEA national and on this basis he is free both to study and work in the UK?

Is the correct procedure for the son to get a UK visa in Spain by completing the VAF5 application form and once he is in the UK obtain a residence card?

It's the finer points that makes the difference.

Although there is free movement within the EU, a non-EU national needs to reside in the same country as the EEA national to be considered under EEA regulations. Therefore, your assumption is not correct.

Thank you

Jambo wrote:

manci wrote:I must admit I did not follow the finer points of the discussion above but would like to ask opinions on the following (similar) scenario:

Italian mother, lives in Italy, 18 year old Argentinian national son lives in Spain (legally).

The son would like to come to the UK to study and also do part-time work to help with his maintenance. Mother lives in Italy.

Am I right in assuming that the son has residence rights in the UK as a non-EEA family member of an EEA national and on this basis he is free both to study and work in the UK?

Is the correct procedure for the son to get a UK visa in Spain by completing the VAF5 application form and once he is in the UK obtain a residence card?

It's the finer points that makes the difference.

Although there is free movement within the EU, a non-EU national needs to reside in the same country as the EEA national to be considered under EEA regulations. Therefore, your assumption is not correct.

What about if a EU national wants to have/apply for another EU residence card as self sufficient while living in different EU country? can she/he do it?

newbieholland wrote:

toabetterchange wrote: I know I can apply for Schengen visa and then? residence card? but I dont know how the Spanish immigration can check my status there while I am studying and my partner is working in the UK?

Your partner can work in Scotland while making Spains as the country of residence. To qualify for a residence as a cross border worker they would need to travel back minimum once a week to Spain.

They would also need a comprehensive health insurance covering both of you. The rest of the proceudres will be same for the Schenegan Visa & the residence card would stay the same for you both however they will have to provide an evidence that the EU partner has taken residence in Spain.

I ask again if anyone can clarify me, what about if my EU partner continues corking in Scotland but still considered Scotland as country of residence, can the EU partner apply for a Spanish residence card?

thanks

No.

If the EEA national doesn't reside in a country, then he can't claim to be exercising treaty rights there. His family can't be issued a RC if he is not exercising treaty rights in the country.

Jambo wrote:No.

If the EEA national doesn't reside in a country, then he can't claim to be exercising treaty rights there. His family can't be issued a RC if he is not exercising treaty rights in the country.

Thanks Jambo.

Jambo wrote: No. If the EEA national doesn't reside in a country, then he can't claim to be exercising treaty rights there. His family can't be issued a RC if he is not exercising treaty rights in the country.

It is exercising treaty rights that confer the right of residence.

It is wrong , i believe to say a frontier working is not exercising treaty rights because they dont reside in the country of employment.

In certain circumstance, the third country national family members of a frontier worker may also be able to secure residency in the country of residence.

Also see Carpenter