Non EU Spouse Visa for Barcelona

[Justinelabonne]

Hi,

I have an Irish Passport and my husband is on a South African one. We will be living in Japan until May. We want to move to Spain. How do we do this? I am struggling to find any information on this topic. Is there a non-EU family permit or something similar? I keepo reading about the Residence Card, but how do we actually get in?

Many thanks!

[86ti]

Look into Directive 2004/38/EC for a start, e.g. this guide which is rather easy to read.

[Justinelabonne]

So, I am guessing from this, my hubby needs an entry permit first?

[86ti]

Yes, he needs entrance clearance. A Schengen type C would be sufficient but possible that the Spanish embassy may want to issue a type D. He should get that visa for free, on an accelerated procedure and, legally, he would need only the passports and the marriage certificate (translated and legalised if necessary). It is quite possible that they ask for more.

[Directive/2004/38/EC]

A normal Schengen visitors visa should be all he needs.

[mastermind]

This was discussed elsewhere not long ago: http://www.immigrationboards.com/viewto ... ht=#516576

He should get that visa for free, on an accelerated procedure and, legally, he would need only the passports and the marriage certificate (translated and legalised if necessary). It is quite possible that they ask for more.

That would be illegal on their part. Even if you look at the Schengen visa application form it clearly states what information/documents can and can not be asked from EU nationals' family members.
(see http://www.immigrationboards.com/viewto ... 974#513974 )
Family members of EU nationals are entitled (virtually can not be refused) for free visas by EU law, so the only documents/information consulates can ask for are those needed to establish the relationship to a EU national.