Spain - Problem with wifes new EU ID card after name change.

[onlineamiga]

Hi,

I was wondering if anyone could advise. I am British living in Spain married to a South African wife.

My wife renewed her passport, and her new passport was put in her marital name (ie my surname). This meant that her Spanish ID Card and her passport don't match names, as that is in her maiden name.

Her ID card is a Family Member of EEA National Card. The pink one with the photo to the left and a big E in the middle of it.
Her previous card under her maiden name had written on the back:
FAMILIAR CIUDADANO DE LA UNION
OBSERVACIONES RESIDENTE followed by my Spanish NIE number and my name.

We picked up her new card, and it is identical, except they have omitted the CIUDADANO DE LA UNION, and now it just says FAMILIAR. And under observaciones. They have omitted my name and NIE number.

Now whereas this isn't an issue for Spain. We cross over into Gibraltar a lot, and the border guards check my name on the back of this card against the name in my passport, and it allows her visa free entry under EU 2004/38/EC.

My question is, is it normal to omit these details once the surname is the same as the spouse? Or have they screwed up? Is it going to cause a problem entering Gibraltar. (I have emailed the BCA to ask this).

Just wondering if anyone else here has had anything similar in other countries happen.

[EUsmileWEallsmile]

Does the card look anything like the template shown on this document?

http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

Incidentally, in order to make sense of the regulation, you may need to read this one, which is the original as well.

http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

Basically, the implications are that in the original regulation, EU family members were exempt from biometric residence permits. In the amended regulation, member states were permitted to use the same format provided that a distinction was made for example between a residence card and a permit.

[EUsmileWEallsmile]

Now whereas this isn't an issue for Spain. We cross over into Gibraltar a lot, and the border guards check my name on the back of this card against the name in my passport, and it allows her visa free entry under EU 2004/38/EC.

On a separate point. It is interesting that you are British and able to enter Gibraltar using this card. This is how it should be incidentally, but interesting nonetheless.

[onlineamiga]

Hi,

The card looks like this:





Yes, no problem entering Gibraltar with it as long as she accompanies me (despite being British.. Yes I know, I'm not technically exercising treaty rights) However she is exercising free movement rights. Either way the EU Commission agreed with me that as I live outside the UK she shouldn't need a visa when accompanying me to the UK, even though she does. But that's a different thread.

[EUsmileWEallsmile]

Did you manage to wade through the regulations I'd posted?

It would appear that your wife's card follows the community format for residence permits (for foreigners). This would appear to be allowed as long as it is clear that it is in fact a residence card (directive 2004/38/ec).

I don't know if this is what Spain is now doing, but the card should be entitled "tarjeta de residencia de familiar de ciudadano de la Unión"

[onlineamiga]

Yup it says that on the back of it.. Well on the old one it did. But on the current one it just says familiar.

So she went back to the office and they have ordered her a new one. Which meant doing photos and fingerprints and everything all again. The only thing she didnt have to do was pay the usual 10 euros for the card. So that was yesterday morning.. now a 45 day wait. So I guess it was wrong and isnt something they're now doing by omitting the wordings

[EUsmileWEallsmile]

Yes, it appears to have been issued as if your wife were the family member of a Spanish national. Good that it's being fixed.

[onlineamiga]

Yeah exactly, which exempts her from any free movement rights.. ie entering non schengen EU states such as Gibraltar.

Have to wait 45 days now tho!

[EUsmileWEallsmile]

Small point...

The card itself does not confer any rights per say. Yes, it will be a pain without the one you wanted. What is important is what you do in Spain...

[Directive/2004/38/EC]

It is worth keeping in mind that your wife has the right to accompany you, even if the name on the RC is messed up. I would urge you to carry your marriage certificate with you initially, and maybe the expired passport. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for the clear law.

If you want to you can ask for a new RC to be issued by Spain.

Did you ever get any word back from the Gibraltar authorities about getting a local RC issued to your wife?