Moving to Spain Non EU married to Spanish citizen (confused about visa)

[crudevegan]

Hello all, Thank you to anyone who can offer advice or any information. I'm very greatfull

I will be moving to Spain soon and i'm confused which visa in should apply for? My husband will not be travelling with me, as he is joining me at a later date. However my UK Residence permit expires on the 3rd Nov. I will be travelling around end October. Apparently when I apply for a Schengen Visa I need to have 90 days still valid with my UK Residency permit however mine will expire when I'm in Spain. Can I still apply for a Schengen visa to Spain or do I need to apply for another type of visa? I will be applying for Spanish residency as soon as I arrive. Very confused and would appreciate any advice, thanks again!

[CR001]

Are you divorced already and remarried to your British partner??

immigration-for-family-members/swiching ... l#p1608757

Not sure you will get a schengen visa if your current UK visa is valid for less than 90 days.

[crudevegan]

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

[Caravel88]

What is your nationality?

You can not move to Spain with a tourist visa.
You can only visit Spain with a tourist visa.

and with less than 90 days validity on your UK residence permit, you are unlikely to be able to apply for it.

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

[CR001]

What is your nationality?

You can not move to Spain with a tourist visa.
You can only visit Spain with a tourist visa.

and with less than 90 days validity on your UK residence permit, you are unlikely to be able to apply for it.

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

OP is South African and therefore must have a visa before traveling.

[crudevegan]

I am South African, Married to Spanish Citizen. Is there another Visa I can apply for other than Schengen or should my husband travel with me? therefore not needing a visa?

[Caravel88]

To apply any sort of visa from the UK, you are likely to face valid UK residence permit requirement.

Does it say "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN / EEA/EU National" on your UK residence permit? If so, you can travel with your spouse visa free.

Otherwise as a SA national, you do need a visa to travel.
You are unlikely to be allowed to board a plane without a valid visa or Article 10 UK residence card.

I am South African, Married to Spanish Citizen. Is there another Visa I can apply for other than Schengen or should my husband travel with me? therefore not needing a visa?

[CR001]

To apply any sort of visa from the UK, you are likely to face valid UK residence permit requirement.

Does it say "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN / EEA/EU National" on your UK residence permit? If so, you can travel with your spouse visa free.

Otherwise as a SA national, you do need a visa to travel.
You are unlikely to be allowed to board a plane without a valid visa or Article 10 UK residence card.

Useful to read the OPs previous posts in the link I posted.

immigration-for-family-members/swiching ... l#p1608757

[Caravel88]

Ok, I read it.

In this case the OP should get the divorce, go back home to SA, get married and get a visa for UK or EU to comeback.

To apply any sort of visa from the UK, you are likely to face valid UK residence permit requirement.

Does it say "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN / EEA/EU National" on your UK residence permit? If so, you can travel with your spouse visa free.

Otherwise as a SA national, you do need a visa to travel.
You are unlikely to be allowed to board a plane without a valid visa or Article 10 UK residence card.

Useful to read the OPs previous posts in the link I posted.

immigration-for-family-members/swiching ... l#p1608757

[CR001]

OP moving to Spain with current Spanish husband, although husband likely to follow after the OP. She is no longer with the British boyfriend.

[Caravel88]

Perhaps I am confused?

OP says:

My husband is from Spain (soon to be ex-husband)
I am South African and my current partner is British.

So my understanding is that the OP is in the UK with an Article 10 permit (expiring in <90 days), obtained by marriage to a Spaniard, whom OP is divorcing, to marry a British person.

And the OP wants to move to Spain with the new British partner, no?

OP moving to Spain with current Spanish husband, although husband likely to follow after the OP. She is no longer with the British boyfriend.

[CR001]

And the OP wants to move to Spain with the new British partner, no?

No.

From this topic the OP started (confusing I know), OP still with Spanish husband and going to give marriage another go.

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

[Caravel88]

Ok, thank you for bearing with me and making it clear

Since the OP has an article 10 residence card (I figure), the OP should be able to just travel to Spain alone since the husband will be joining the OP. Once in Spain, the OP can get another article 10 residence card there.

And the OP wants to move to Spain with the new British partner, no?

No.

From this topic the OP started (confusing I know), OP still with Spanish husband and going to give marriage another go.

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

[CR001]

Ok, thank you for bearing with me and making it clear

Since the OP has an article 10 residence card (I figure), the OP should be able to just travel to Spain alone since the husband will be joining the OP. Once in Spain, the OP can get another article 10 residence card there.

And the OP wants to move to Spain with the new British partner, no?

No.

From this topic the OP started (confusing I know), OP still with Spanish husband and going to give marriage another go.

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

Is a UK FM Residence Card issued under the EEA rules an Article 10 card??

[Caravel88]

I believe OP has EEA(FM) residence permit valid 5 years due to expire in <90 days.
Because the spouse is Spanish and OP says "I have a EEA Family Visa since I've been married (renewed every 5 years)".

That is given under Article 10 of the EU directive and if it has the wording "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN / EEA/EU National" OP can go to Spain alone and wait for spouse to join.

Ok, thank you for bearing with me and making it clear

Since the OP has an article 10 residence card (I figure), the OP should be able to just travel to Spain alone since the husband will be joining the OP. Once in Spain, the OP can get another article 10 residence card there.

And the OP wants to move to Spain with the new British partner, no?

No.

From this topic the OP started (confusing I know), OP still with Spanish husband and going to give marriage another go.

I have not divorced my husband, my UK partner left me for someone else and our relationship ended. (very hard time for me). We have decided (my husband and I) that we will be move to Spain and give our marriage another try, Thanks for asking

Is a UK FM Residence Card issued under the EEA rules an Article 10 card??