Travelling without EU Spouse

[craftynick]

Hi My husband is currently in UK with me on a Family Permit, i am the EU national & he is Non Eu. We havent put in for his residency yet as we are waiting on some legal stuff being sorted out in Spain. However now my husband needs to travel back to Spain for a few days to sort this out but i cant get time off work, as his Spanish residency doesnt expire until next month would be able to travel there without me or would i still have to travel with him?

[Jetstreamsurfer]

If he is a Spanish resident (permanent resident permit for Spain) I guess he can freely travel alone anywhere in the Schengen Area.

The only restriction he may have is that if he has an EEA Family member Visa and wants to come to the UK, you (the EEA National) must always be on UK territory, whether by traveling with him or not.

[Plum70]

I disagree! As long as the EU national is exercising treaty rights in the UK and has not been continuously absent for more than 6 months, the non-EU spouse has a right to leave and re-enter the UK with or without their EU spouse being present in the country. Of course having proof of the EU spouse's whereabouts and economic activity in the UK is handy.

[craftynick]

Thanks for the replies. I was under the impression that i always had to travel with him unless he was travelling to be with me the 1st time but like i sadi due to work i cant travel when he needs to go. If it makes a difference it isnt a permanent residence for spain, just a 2 year residency.

Would it be worth then him taking proof o my address & payslips if he travelled without me?

[86ti]

If it makes a difference it isnt a permanent residence for spain, just a 2 year residency.

But is it still valid since you seem to have relocated to the UK long-term?

[craftynick]

As far as im aware it is still valid, my husband (on paper) hasnt moved here long term yet as he is still only on his Family Permit which surely is a temporary permit? And he had his Spanish residency before we even met (gained through work related things not any sponsorship) so unlike his FP it doesnt depend at all on me still living in Spain & is completley seperate from anything to do with me, hope that makes sense.

[86ti]

As far as im aware it is still valid, my husband (on paper) hasnt moved here long term yet as he is still only on his Family Permit which surely is a temporary permit? And he had his Spanish residency before we even met (gained through work related things not any sponsorship) so unlike his FP it doesnt depend at all on me still living in Spain & is completley seperate from anything to do with me, hope that makes sense.

Whether his Spanish residence permit is an indepedent one or not is not the point. I am sure certain conditions must be met for the permit to stay valid. I would think that he would have to be truly resident and also have an income. Does he still have an address there? Income? What is he going to tell the Spanish border police if asked? An FP per se does not automatically mean that he has left the country permanently but the border police may ask why he was in the UK. It may be simply the intention to leave Spain which render the permit invalid even if the Spanish authorities never learn about it. As I am not a lawyer this may be all wrong but you better make sure that you really know what you are doing.

[craftynick]

Ok that actually makes a lot of sense now, didnt think it would be that easy for him to go by himself, think its probably best not to take a chance & wait until i can travel with him. Thanks for the advice