NON-EU spouse with polish Schengen visa - residence in Spain

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Hi All

I would like to ask you for advice. I am polish, my wife is Non-eu, cuban national. She has got Schengen visa issued by polish embassy in Cuba.
We consider settling down in Spain. I live in Ireland at the moment, my wife will fly to Madrid where i will be waiting for her on the airport. We would like to stay in Spain and apply for residence for her.
Is my wife entitled to obtain spanish residency if she is in Spain with me on her polish schengen visa?

I am confused because i have got some contradic informations. Woman in spanish embassy in Warsaw told me once that's no problem, when i called them again they told me that my wife need to apply for spanish visa in her home country.

It was obvious for me to apply for polish visa because i have no ties with Spain, so i don't see a reason why they should grant her a spanish visa. That's why she applied for polish visa as my spouse. Now she has schengen visa already so we can't apply for another visa in spanish consulate in Cuba.


what we are supposed to do?

Thanks a lot

[Directive/2004/38/EC]

In general, anywhere you go to live (and work) she can go to. She can require a visa, and it sounds like she already has one.

Can I ask why you want to go to Spain rather than setting up in Ireland?

Your wife should carry a copy of your marriage certificate and of your passport if possible. If there are any difficulties at the airport, she needs to be very clear that she is the wife of an EU citizen and that you are meeting her at the airport. One of you should carry the original marriage certificate.

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Because irish law is the most stupid and unfair law in UE. We wanted to set up in Ireland, but my wife has been refused of irish visa. We got refusal because of "no enough evidences of relationship". It is ridiculous. We have produced all required evidences like marriage certificate, my flight tickets, phone bills, emails, pictures and movies, but it was not enough for them.
Someone in Irish embassy told me that it would be easier if she would be pregnant. It is crazy! Even if she would get entry clereance she wouldn't be able to live with me more than couple months, because she would have to live with me in other EU country before to be granted of irish residency.
That's why i left my job and i want to leave Ireland and go to Spain to live with my wife.

It looks clear that if she has Schengen visa, she can live with me, but as you know each UE member has own regulations.

Woman in spanish embassy told me last time that to get spanish residency, my wife need to apply for spanish visa because in her polish visa form, she wrote that she intend to live with me in Poland and it is main country of her destination.
Taking into account my previous experience with embassy staff, i don't trust them, so I am looking for more informations.

[Directive/2004/38/EC]

You should definitely complain to the EU about the Irish. They are starting action against them, and the more examples they have of abusive Irish behaviour, the better the case.

You should also contact http://ec.europa.eu/citizensrights/ for an EU funded legal analysis of your situation.

Also, you should contact Solvit http://eumovement.wordpress.com/help-eu-solvit/ if you have any further problems. Do that as soon as you have difficulties.

Finally contact the consular section of your embassy in Spain if you have any difficulties.

[Ben]

From the website of the Spanish embassy in Dublin. The same text is on most (possibly all) of the websites of the embassies of other Schengen states.

If you want to visit only one Schengen State, you have to apply at the Embassy of that State. If you want to visit two or more Schengen States, please apply at the Embassy of the country which is your main destination (defined by the length of stay). If you intend to visit two or more Schengen States but you have no main destination, you need to apply for your visa at the Embassy of the country which you intend to visit first.

It looks like your wife should have obtained her Schengen visa from the Spanish embassy in Cuba, not from the Polish embassy.

However, now that she is in possession of a Schengen visa, will Spain allow entry, being that her Schengen visa was granted by the embassy of another Member state? I don't know.

But if were your wife, I wouldn't risk it. I think she should, if possible, obtain another Schengen visa from the Spanish embassy in Cuba.

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Thank you very much for links. I will use their service. I wanted to sue irish but it takes a lot of time and money. I have heard crazy stores about people who were fighting with them for years. The most interesting fact is that if i were nigerian on work permit it would be much easier for me to bring my family to Ireland, but i am only EU citizen....

banifa: you can't hold more than one valid schengen visa. Some european embassies also say that if you are spouse of EU citizen you have to apply to your husband country embassy even if you don't intend to visit this country. For example:

* If non-EU national is married to EU-national they must apply to their spouse’s national embassy in the UK (even if not travelling to spouse’s country)

so theoretically:

1. My wife can live with me in Spain because has got schengen visa valid for all countries, and it doesn't matter who issued the visa,

2. My wife can't live with me in Spain because she has got polish visa with Poland as a main destination and she can't apply for spanish visa because she has got one schengen visa already.

where is the truth?

There is no direct flights from Cuba to Poland so there is no other way to get to Poland but to travel within other EU country. Spain is a leader in flights to Cuba so it is obvious that it is first country she is passing through.

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And I would not be surprised if you are planning to go to Poland to meet up with relatives after the initial time in Spain.

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I have just called again to spanish embassy in Warsaw and now they told me that visa have nothing to do with residency. If she is legally in state, she can apply for residency as my wife. According to them if my wife holds schengen visa issued by my country she is entitled for residency.
I hope that it is true and nothing bad will happen when we will be in Spain.
Keep your fingers crossed

[Directive/2004/38/EC]

They are very right. The visa is just for entry to the schengen area. Once in the schengen area you can move around at will, and whereever you decide to live and work you can apply for residency.

Just to be safe, I would suggest you carry the emegency consular services number of the Polish embassy in Madrid.