help: EU irish National living in Spain married to Non eu

Mozzerellachick · Post by **Mozzerellachick** » Wed Oct 01, 2008 2:01 pm

Hello everyone

Im new to the board Im sorry this is my first post, I havent replied to anybodies query yets but I will if I have any answers.

My husband (Guatamalan) and I recently got married in Ireland. We both live in Spain.

I have been living here for 4 years he 1.5 years.

Nobody here can give us a straight answer, especially the Guatamalan consulate here in Barcelona where we live.

What are the working rights of my husband in Spain since we are legally married in Ireland.

Does he need to apply for residency and if so typically how long does this take?

Is there a temporary working number one can use while waiting on paperwork?

We know we are free to travel and deportation does not come into it anymore thankfully.

But my husband is a qualified paramedic and fireman and these typicall are government body jobs.

Can any advise me what are the rights?

Thanks in advance

MC

Post by **JAJ** » Fri Oct 03, 2008 3:05 am

What was his visa status in Spain before you got married?

Mozzerellachick · Post by **Mozzerellachick** » Fri Oct 03, 2008 4:19 pm

Tourist visas leaving and re-entering the country as the 90 days passed

Wanderer · Post by **Wanderer** » Sat Oct 04, 2008 12:13 pm

Mozzerellachick wrote:Tourist visas leaving and re-entering the country as the 90 days passed

That's illegal.

brownbonno · Post by **brownbonno** » Sun Oct 05, 2008 7:51 am

Link below maybe helpful

http://www.maec.es/subwebs/Consulados/S ... ingles.pdf

ciaramc · Post by **ciaramc** » Sun Oct 05, 2008 6:48 pm

Wanderer are you sure he is illegal?? He is now the spouse of an EU citizen exercising treaty rights??? No? So h should have the same rights as her according to the directive?

If thats the case he simply has to apply for his residence card? And it should be processed....with 3/6 months no?

Wanderer · Post by **Wanderer** » Mon Oct 06, 2008 8:27 am

ciaramc wrote:Wanderer are you sure he is illegal?? He is now the spouse of an EU citizen exercising treaty rights??? No? So h should have the same rights as her according to the directive?

If thats the case he simply has to apply for his residence card? And it should be processed....with 3/6 months no?

I meant he's illegal in that he's been hopping in and out of the Schengen zone on tourist visas - not sure if records are kept of this but it might affect an in-country application? Not sure!..

ciaramc · Post by **ciaramc** » Tue Oct 07, 2008 2:21 pm

I don't think they keep records anyway...he was in Ireland which is not schengan???? So technically he left the schengan area???? I know you have to be out of it for 6 months or so....in order to re-enter but they never keep track......

And also in line with the Directie and the sentence of July 25??? He has the same rights as his spouse from the moment he becomes a family member of an EU citizen exercising treaty rights irrespective of how or when he entered the EU????

Richard66 · Post by **Richard66** » Thu Oct 09, 2008 4:34 pm

Are you an EEA citizen or not?

Wanderer, I do not see why travelling on tourist visas would be illegal. Silly, yes, but illegal... To the best of my knowledge only the UK adopts this stance.

If you are in Spain and you are an EEA citizen, you better inform yourself at the immigration police or whoever takes care of foreigners.

Look for the Spanish incorporation of Directive 2004/38: RD 240/2007:

http://www.mir.es/SGACAVT/derecho/rd/rd240_2007.html

Article 8 says you need to apply for the tarjeta de residencia de familiar de ciudadano de la UniÃ³n. You need to contact the Oficina de Extranjeros of your province of residence, or, if there is none, the ComisarÃa de PolicÃa within three months of his entry into Spain. He will need a valid passport (or the expired one, as long as he can supply proof of a request of renewal), a translated, legalised and marriage certificate as well as 3 passport-sized photographs.

If he comes to Spain and stays only 3 months I cannot see the problem.

Richard66 · Post by **Richard66** » Thu Oct 09, 2008 4:41 pm

This is the form to apply:

http://www.mir.es/SGACAVT/modelos/extra ... /ex_16.pdf

This site has some information:

http://www.mir.es/SGACAVT/extranje/ciud ... encia.html

86ti · Post by **86ti** » Thu Oct 09, 2008 4:51 pm

Richard66 wrote:Wanderer, I do not see why travelling on tourist visas would be illegal. Silly, yes, but illegal... To the best of my knowledge only the UK adopts this stance.

I think his point may have been that re-entering immidiately after leaving the country would be illegal (though I heard that that would affect other international treaties and nobody really wants to touch this but that was in reference to an US citizen IIRC). To do it legally you would have to leaver after 90 days and stay outside of Schenge until the 6 months over. Then start cycle again provided that you'll get another Schengen visa or you already have got one that was valid more than the six months.

Richard66 · Post by **Richard66** » Thu Oct 09, 2008 5:13 pm

In the Spanish law there was not even mention to visas: only to the passport.

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help: EU irish National living in Spain married to Non eu

help: EU irish National living in Spain married to Non eu