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Spain residency for non EU citizen
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pingouin59



Joined: 09 May 2009
Posts: 20
Location: Lima, Peru

PostPosted: Mon Apr 18, 2011 11:15 pm    Post subject: Spain residency for non EU citizen Reply with quote

Hi,
I am a TEFL teacher in Lima, Peru. I am married with a Peruvian woman and we are planning to go to Spain to find a job. I hold a EU passport and I know it would not be a problem for me to stay as long as I want. On the contrary, it seems , according to the Spanish consulate, that my wife could not join me before a year(They call that reagrupacion familial�). This regulation is worth for non European couples as well as non European spouse married to a comunitario. One option is to go to France for her to get residency, stay a couple of years there and then move to Spain.( I am a French citizen, our marriage was validated by the Frencjh consulate and therfore she is entitled to a residency permit). Then we would see whether she would still be prohibited to move to Spain or not.
If you know anything about the loops of Spanish immigration law or have been confronted to it in a similar situation, let me know.

Thanks

Gerard
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wiganer



Joined: 22 Sep 2010
Posts: 189

PostPosted: Mon Apr 18, 2011 11:28 pm    Post subject: Reply with quote

The Spanish embassy are feeding you a line. You are allowed to bring your non-EU wife to live with you in Spain.

http://eumovement.wordpress.com/2007/04/15/requirements-for-a-short-stay-visa-family-of-eu-citizen/

When you apply for an EEA family visa for your wife, you need to write a letter with the application and quote that you are bringing over your wife in line with the regulation Directive 2004/38/EC which states that any EU citizen has the right to bring their spouse with them to any EU country other than their own.

You don't have to write down your funds on the application form and you don't even have to show a return ticket. The Spanish embassy might refuse because a) They are willfully ignorant of the law or b) They are staffed racist idiots. If they refuse you then you apply again and write a letter telling them that they are breaking the law of the EU and the next time you will report them.

Good luck with it though.
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Tue Apr 19, 2011 5:59 am    Post subject: Reply with quote

YOu might also try checking on country specific websites. Have you tried Expat Peru? They have lots of info, there must be others who have been in your shoes.
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pingouin59



Joined: 09 May 2009
Posts: 20
Location: Lima, Peru

PostPosted: Tue Apr 19, 2011 6:34 pm    Post subject: Reply with quote

Thank you so much for the great answer.
Yes, Spanish Embassy staff members can be racist idiots. The way they treat people here in Lima is shameful, you cannot imagine!
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jovencito



Joined: 11 Oct 2005
Posts: 46

PostPosted: Thu Apr 21, 2011 2:09 pm    Post subject: Reply with quote

Hi,

Have a look here as well:

http://www.euroresidentes.com/inmigracion/traer-esposa-e-hijos-a-espana.htm

It looks like the applicant has to have been a Spanish resident for a year and has also renewed at least once. I also find it wierd that as an EU resident you can't just come to Spain with your wife.

Spain has an ID card system and everyone has a number. As a French citizen, even though you are EU you still have to get the number. It's moronic, no number no residence.

It's probably best to get your wife nationalised as a French citizen and then come to Spain.

One last point. I knew a couple: husband British wife Canadian. They came to Spain through his job. He and his wife got the ID card BUT his wife was tied to his card. If they ever divorced or he died, she would have lost her residency - just plain odd!!
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wiganer



Joined: 22 Sep 2010
Posts: 189

PostPosted: Thu Apr 21, 2011 11:27 pm    Post subject: Reply with quote

jovencito wrote:
I also find it wierd that as an EU resident you can't just come to Spain with your wife.



He can come to Spain with his wife, as a member of the EU he isn't classed as an immigrant. The site link you have provided is aimed at South Americans.
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Fri Apr 22, 2011 7:09 am    Post subject: Reply with quote

I, too, have a European spouse. I can legally work in my spouse's own country, where I have permanent residency (and soon citizenship) and any other EU country where spouse lives/works.
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Fri Apr 22, 2011 10:13 am    Post subject: Reply with quote

spiral78 wrote:
I, too, have a European spouse. I can legally work in my spouse's own country, where I have permanent residency (and soon citizenship) and any other EU country where spouse lives/works.


Congrats on your upcoming citizenship. YOu must be so excited!
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Fri Apr 22, 2011 4:31 pm    Post subject: Reply with quote

Thanks, but it doesn't actually change my situation. I'm eligible to work basically all the places I want to already. The real question for me is whether/when I will give up the US citizenship. It's entirely voluntary, but I simply have no wish whatsoever to maintain it.
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Sashadroogie



Joined: 17 Apr 2007
Posts: 11061
Location: Moskva, The Workers' Paradise

PostPosted: Fri Apr 22, 2011 7:17 pm    Post subject: Reply with quote