UK citizen relocating to Spain with non-EU spouse

[chwats]

I will soon be relocating to Barcelona to start a new job. I am a British citizen, but my wife and children are US citizens.

My understanding is that as American citizens they do not require a Residence Visa to Reunite a Family Member with a Citizen of Spain or Other EU Country in order to enter Spain.

I am taking this information from the Visa information and Requirements page of the Consulate of Spain in Washington website (http://www.exteriores.gob.es/Consulados ... Visas.aspx).

American citizens and those of nationalities that do not require visa according to the above-mentioned list (Anejo 1 ICC) do not require a residence visa and must apply for their residence card once they arrive in Spain. They will need to have the marriage properly registered.

They are planning to arrive in Spain on July 1 but I will not be arriving until July 15.

If this information is correct, my question is, will they be able to enter Spain before me? I will provide them with copies of our marriage certificate, my passport, employment letter, and flight booking.

Thanks for any help you can provide.

[gokulatti]

That is correct they do not need an entry visa as Americans. They can go there before you and once you are with them in Spain you can apply for a residence permit based on directive 2004/38. It is always good that you wife has those documents but most probably she wont be asked to show anything other than passport and hotel booking (if any). IF they do ask more details then she can show the marriage certificate (legalized), Declaration letter from you saying you will join them in Spain (you don't have to mention exactly which date) She will be given admission just based on her US nationality. You and family have have 3 months of unconditionally stay after which family will be expected to put in an article 10 residence application. All the best.