Visa/RC for Non-EU spouse using EU Directive2004/38/EC

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Moderator edit : Post split from linked topic below in Ireland sub forum and post moved to the correct Europe Immigration sub forum.

ireland/visa-rc-for-non-eu-spouse-using ... 90718.html


I am a bit confused with this directive and therefor I hope you can help me answer this question!

My spouse is from Dominican Rep and I am a Swedish citizen. I want us to travel to Spain together where I will look for a job and plan to move to eventually. We only want my spouse to apply for a Visitor (90 days) visa, but the Spanish embassy here in DR is telling me that since I am not a Spanish resident I have to apply for a normal Schengen visa, which means hotel bookings, proof of funds, 65 euro per day, flight tickets, etc. Shouldn't my spouse be able to get the visa even though I am not yet a Spanish resident? If no, If I become a Spanish resident, is my spouse then able to come visit me in Spain for up to three months as long as I travel with or meet up with in Spain?

Have I understood this right, my spouse does not first need a resident permit to a European country and then later have the right of free movement AFTER being in Europe? Does this directive mean that the first European country my spouse enters with me, as long as I am exercising my right of free movement to this country and this country is not the country I am a citizen of, my spouse can come with me?

You wrote that you are an UK citizen and you were able to get this visa even though the country you applied to belongs to the UK. In my understanding, since I am Swedish my spouse can not apply for a visitors visa and refer to the EU Directive 2004/38/EC if I want my husband to visit me in Sweden, in that case normal Swedish laws apply. But in your case, being a UK citizen and moving to the UK (Ireland) you were still able to get the visa on the same grounds?

I hope you can help me with this since I am a bit lost and I have been asking some Spanish lawyers here but they dont even seem to know about this directive so I don´t know where to go next.

Cheers!

[gokulatti]

Shouldn't my spouse be able to get the visa even though I am not yet a Spanish resident? If no, If I become a Spanish resident, is my spouse then able to come visit me in Spain for up to three months as long as I travel with or meet up with in Spain?

Yes Indeed. If you are in DR, you need to prove that you will be travelling with him, i.e. travel receipt on both your name along with legalized Marriage certificate, this is covered under article 6 of directive. If you are not travelling with him and he is planning to join you in Spain then a travel receipt for you that you are travelling to Spain the same time he is expected to land in Spain from DR OR a written declaration from you stating the fact.

Have I understood this right, my spouse does not first need a resident permit to a European country and then later have the right of free movement AFTER being in Europe? Does this directive mean that the first European country my spouse enters with me, as long as I am exercising my right of free movement to this country and this country is not the country I am a citizen of, my spouse can come with me?

Yes Indeed. A residence permit is a consequence of article 7 of the directive therefore you need to be exercising your rights in any of the categories i.e. work, self work, self sufficient with CSI. A residence permit will not be issued on the basis of article 6, art 6 is only for entry for the first 3 months.