non eu moving to spain with eu spouse

kishni2001 · Post by **kishni2001** » Sat Feb 09, 2013 9:44 pm

Hiya, my husband is british and he is planning to move and live in spain next month for more than 3 months using his freedom of movement rights....I am aware that I can join him as a spouse... Does he have to be in spain already before i join him? We would rather move to spain together. If we travel to spain together, what type of visa do I have to apply? Can I apply for a short stay visa( spouse of eu) then apply for residence permit? Or do I have to apply for the so called residence visa first( this type of visa seems to be applicable only to EU citizens already residing legally in spain)? In short I am not sure whether I can obtain a residence permit in spain on the basis of a short stay visa? any replies would be appreciated

Bloody-Fox · Post by **Bloody-Fox** » Sun Feb 10, 2013 5:47 am

Morning,

May I assume that you are currently living in the UK together and you hold a valid British residence card?

Also what is your nationality?

You can absolutely travel to Spain together with him, or join him after. Just not before him.

Regards

kishni2001 · Post by **kishni2001** » Sun Feb 10, 2013 12:10 pm

Hiya
Thank you for your reply. I am Filipino, and yes I am in the UK but on a tourist visa as it is a nightmare getting a visa via the UK settlement route so I have to go back to the Phils first to apply for the schengen visa. SO, does that mean that I can apply first on a short stay visa then once we are there, we then apply for a residencer permit?

kishni2001 · Post by **kishni2001** » Sun Feb 10, 2013 12:12 pm

also is it not a requirement that i apply for a resince visa first if we intend to say more than 90 days?

Post by **Directive/2004/38/EC** » Tue Feb 12, 2013 6:16 am

kishni2001 wrote:Hiya
Thank you for your reply. I am Filipino, and yes I am in the UK but on a tourist visa as it is a nightmare getting a visa via the UK settlement route so I have to go back to the Phils first to apply for the schengen visa. SO, does that mean that I can apply first on a short stay visa then once we are there, we then apply for a residencer permit?

Why do you think you need to go to the Philippines to get a Schengen visa? If you are married to a British citizen, you can get a visa in the UK.

kishni2001 · Post by **kishni2001** » Tue Feb 12, 2013 11:14 am

Directive/2004/38/EC wrote:
kishni2001 wrote:Hiya
Thank you for your reply. I am Filipino, and yes I am in the UK but on a tourist visa as it is a nightmare getting a visa via the UK settlement route so I have to go back to the Phils first to apply for the schengen visa. SO, does that mean that I can apply first on a short stay visa then once we are there, we then apply for a residencer permit?
Why do you think you need to go to the Philippines to get a Schengen visa? If you are married to a British citizen, you can get a visa in the UK.

I need to go back cos Im only here on a visitor visa and not on any uk residence visa...according to the websites, only applicants ith valid residence permits can apply from the embassies here...

Post by **Directive/2004/38/EC** » Tue Feb 12, 2013 1:17 pm

That is not correct. You just need the two passports and a marriage certificate.

kishni2001 · Post by **kishni2001** » Tue Feb 12, 2013 1:59 pm

Yes, but I am only on a tourist visa here hich will be expired in 2 months and I have contacted a couple of embassies and according to them i need a residence visa in order to apply from here otherwise i need to go back to my own country to apply which is a nightmare cos it will cost money and time as well...im confused!!

kishni2001 · Post by **kishni2001** » Tue Feb 12, 2013 2:06 pm

Do you any any embassies that will accept this type of application?

Post by **Directive/2004/38/EC** » Tue Feb 12, 2013 10:49 pm

I would apply at the German embassy. They are professional and generally know the law. It is also a great place to visit. And there is lots of work there.

While I encourage you to get a visa, you always have the fallback of entering Schengen even though you do not have a required visa: http://eumovement.wordpress.com/2010/08 ... to-travel/

I should also mention that finding general work in Spain is presently difficult. It may be easier to work in Germany

kishni2001 · Post by **kishni2001** » Wed Feb 13, 2013 2:03 pm

Thank you for your help. I would try to contact the german embassy and ask if they will allow me to apply from here given my circumstance. Will let you know

kishni2001 · Post by **kishni2001** » Thu Feb 21, 2013 10:10 pm

I have emailed the belgium embassy and they told me that i can apply even with a tourist visa but the problem is that it will only be valid for less than a month and VFS are saying that they cant accept my application... would it be possible to travel by train thru one of the borders then just show marriage cert etc.... the main issue tho is that i am here just on tourist visa, so would that be risky if i applied for a schengen visa at one of the borders?

Post by **EUsmileWEallsmile** » Fri Feb 22, 2013 4:12 pm

In general, Schengen states prefer the applicant to apply in the country of residence, but 2004/38/EC applies. In that document, member states are obliged to provide every facility to the applicant applying for a visa. It would be disproportionate to expect a family member of a union citizen to travel back to the Philippians in order to obtain said visa.

I understand that the embassy agreed to issue a visa, but their service provider, VFS declined. It should be possible to apply direct at the embassy.

It would not be the first time that VFS got their information wrong.

kishni2001 · Post by **kishni2001** » Sat Mar 02, 2013 8:23 pm

One more problem... due to lack of time we finally decided just for me to apply at the Spanish Embassy in Manila as we will be moving to spain. For spouses of eu nationals, they require that the marriage is registered in the EU national's country or a certicate that the marriage is valid in the EU nationals country. We got married in Thailand, it is valid and recognised in the UK, but the UK embassy does not register overseas marriages nor issue certicates confirming the validity of a marriage. What do I do then? Any help would be much appreciated as Im getting really stressed and worried!!

Post by **EUsmileWEallsmile** » Sun Mar 03, 2013 12:32 am

kishni2001 wrote:One more problem... due to lack of time we finally decided just for me to apply at the Spanish Embassy in Manila as we will be moving to spain. For spouses of eu nationals, they require that the marriage is registered in the EU national's country or a certicate that the marriage is valid in the EU nationals country. We got married in Thailand, it is valid and recognised in the UK, but the UK embassy does not register overseas marriages nor issue certicates confirming the validity of a marriage. What do I do then? Any help would be much appreciated as Im getting really stressed and worried!!

There can be a problem with overseas marriages being recognised by EU countries. What I expect they wish you to do is have the marriage certificate legalised. That would entail, in your case, having the marriage certificate translated into Spanish and legalised by the authorities in Thailand. The same marriage certificate could be legalised by the Spanish embassy in Thailand, which would make it usable in Spain.

Bloody-Fox · Post by **Bloody-Fox** » Tue Mar 05, 2013 3:28 pm

EUsmileWEallsmile wrote:
kishni2001 wrote:One more problem... due to lack of time we finally decided just for me to apply at the Spanish Embassy in Manila as we will be moving to spain. For spouses of eu nationals, they require that the marriage is registered in the EU national's country or a certicate that the marriage is valid in the EU nationals country. We got married in Thailand, it is valid and recognised in the UK, but the UK embassy does not register overseas marriages nor issue certicates confirming the validity of a marriage. What do I do then? Any help would be much appreciated as Im getting really stressed and worried!!
There can be a problem with overseas marriages being recognised by EU countries. What I expect they wish you to do is have the marriage certificate legalised. That would entail, in your case, having the marriage certificate translated into Spanish and legalised by the authorities in Thailand. The same marriage certificate could be legalised by the Spanish embassy in Thailand, which would make it usable in Spain.

Plus after a couple of months they will request another document, proving that the marriage is recognised in your husbands country.. The UK in this case.. Had the same problem, but a letter from my embassy, stating that Brazilian marriages don't need to be registered in Germany, was enough...

kishni2001 · Post by **kishni2001** » Wed Apr 10, 2013 9:35 am

just a quick update... ended up going back to manila to get a schengen visa. I chose the czech embassy as the eu directive seems to be in their website. Just got the visa today, only took them 5 days! All i had to show was the superlegalised marriage cert and copy of eu nationals passport!! So happy!

kishni2001 · Post by **kishni2001** » Wed Apr 10, 2013 9:40 am

Btw, when it comes to flying out, would the airline require a return ticket? I will be meeting my eu husband in czech so I will be flying alone. I dont really want to buy a return ticket as he is planning to exercise his economic treaty rights as a self employed, thus I will be applying for a residence card once in the eu. This was not mentioned in the application to make things less complicated. I just mentioned that I will be travelling with my husband. any ideas?

Post by **EUsmileWEallsmile** » Wed Apr 10, 2013 6:05 pm

You should not require a return ticket, but you may encounter a fussy airline clerk. (Be prepared mentally for this).

Techboy992 · Post by **Techboy992** » Thu Aug 20, 2015 11:19 am

If you could get remarried in Spain you would could apply directly for the residential visa

Babajee85 · Post by **Babajee85** » Thu Aug 20, 2015 6:15 pm

Hi kishni2001

Any update..Please keep us updating how the things went out for you ?

Thx

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non eu moving to spain with eu spouse

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