move to spain as EU-citizen with non-EU-family member after marriage with schengen visa
Posted: 16 April 2012 05:12 PM  
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hi to all forum-members.
i’m new here and have questions about residence status for spain.

i’m german citizen and get married some weeks ago in Denmark with my girlfriend from russia.
we do have a international marriage-certificate (with appostile), even in spanish.
She is registered since some weeks in germany with her valid schengen visa. she do not have a residence permit in germany so far/till now.
now we want to move to spain, stay there and work in computer technology sector.

- is it possible to register me (german citizen) in spain and then (as far as schengen visa is still valid) to apply for residence card for my wife in spain too?, so that we can stay together and she do not need to go back to her homecountry?
i was thinking about the directive 2004/38/EC.

- can we apply a new schengen visa for 3 month, for my wife in spain, if i am register there? during this time we would apply for residence card for her.

do anybody knows if it’s possible to stay in spain with my wife together, if we go to spain as far wife’s schengen visa is still valid?

thanks in advance if anybody can help answering question

Peter

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Posted: 17 April 2012 06:08 PM   [ # 1 ]  
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this court decision gives probably the answer C-127/08 Metock:

in german:
http://www.eu-info.de/eugh/ehegatten-freizuegigkeit/


spanish and other languages:
http://curia.europa.eu/juris/liste.jsf?language=es&jur=C,T,F&num=C-127/08&td=ALL


or just search for C-127/08 Metock in internet.

Right of Union citizens and their family members to
move and reside freely in the territory of a Member State as far she has valid entry visa, health insurance, and
one of them are employed there, have some money and they will not require social welfare benefit.

so there is no necessary to own previous residence permit from other member states.

is this correct? or did i forget more important restrictions?

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Posted: 22 April 2012 04:21 AM   [ # 2 ]  
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ps:
i got an positive answer from Europe Advice at this question.
now i *just* have to find a job as software developer in spain quickly.

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