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Austrian married with Brazilian / We want to live in Spain

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ingridO
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Joined: Wed Nov 30, 2011 12:15 pm

Austrian married with Brazilian / We want to live in Spain

Post by ingridO » Wed Nov 30, 2011 2:27 pm

Hi galera,

i am married with my husband Eric since June (we married here in Brasil) we work and live here in Sao Paulo but we wanna change to Spain. But i have not a single idea what we need to think about when it comes to his documents. Because this gonna be really complicated. Do i need to ask for a Permanencia/Visa in Austria or Spain? Where do we need to go here in Brasil to ask and organise the documents, before we go to Spain.

If someone has experience and wanna share this experience with me, i would be really happy! If your experience is for a other EU country... fine... you are welcome to talk about this, because you don`t know how helpful this is for me!

Thanks alot!
Ingrid

PS.: if we go to Austria to visit my mum, he gets automatically a tourist visa for 3 month?

fysicus
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Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Wed Nov 30, 2011 2:43 pm

Look at this thread. Your situation is essentially the same.
Directive 2004/38 is the magic word you need to remember!

First get all your relevant documents translated into Spanish (and may be also German, if you want to use them in Austria as well) and apply for a Schengenvisa (which will be free of charge) for your husband, either at the Spanish or the Austrian embassy. Most countries will have a consulate in Sao Paulo for such applications.
Once in Spain your husband should apply for a Residence Card, but I don't know the procedures in Spain for that.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Nov 30, 2011 3:17 pm

fysicus wrote: and apply for a Schengenvisa (which will be free of charge) for your husband
No visa is required for Brazilian citizens entering Schengen. That includes Spain!

The simple answer is that you and your husband book a flight. Show up at the airport with your two passports, and with your marriage certificate. Try to rest on the flight and drink lots of water to reduce jetlag. Clear immigration on arrival to Spain. Get your bags and go to the place that you are sleeping.

The Eu citizen then needs to find a job (or otherwise exercise treaty rights). Once that is done, then the non-EU can apply for a Residence Card.

If you got married in Brazil and it is easy to do, I would suggest you get a couple more official copies of your marriage certificate. You may find it useful later on. And it is always good to travel with a copy.

Note that once you have entered Schengen in Spain, then there are no long any normal border controls on entering Austria (or any other Schengen countries). Technically speaking EU free movement law only covers your husband entering (your country of citizenship) Austria AFTER you start working in Spain, but I doubt it will be a problem.
Last edited by Directive/2004/38/EC on Wed Nov 30, 2011 6:22 pm, edited 1 time in total.

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Wed Nov 30, 2011 4:12 pm

Directive/2004/38/EC wrote:No visa is required for Brazilian citizens entering Schengen. That includes Spain!
Oops, silly me! Of course. I knew this but completely overlooked it. Sorry!

eldane
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Location: Milton Keynes, UK
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Post by eldane » Fri Dec 02, 2011 6:32 am

Directive/2004/38/EC wrote: The Eu citizen then needs to find a job (or otherwise exercise treaty rights). Once that is done, then the non-EU can apply for a Residence Card.
And remember that is going to be real real easy with an official unemployment rate of just 26 percent. Then add all the illegal immigrants on top of the 26 percent and you will probably not find a job for the next foreseeable time.

I am a highly skilled IT engineer and lived in Spain when the economy was at it's best 12 years ago. Yet it took me three months to find a job which took me to the exciting field of preparing (Washing the protective paraffin of the cars) newly arrived Audis and Volkswagen for them later to be taken to the dealers around Spain. Had the job 10 months before I got an IT related job in the Hotel sector - and that with a German company I might add and I think this probably only because of my German language skills.

I think you will be struggling quite a lot in Spain unless of course you already have a signed employment contract.

Best of luck,
El danés
Good intentions are appreciated but results are what matters..

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