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EU husband and Non-EU wife moving to Spain

May 30, 2013 · SpainExpat member · 5 replies · 395 views
Read-only legacy forum thread. Sign-in, registration, and replies are retired.
Hello to everyone!


I am somewhat desperate by now, that is why I decided to register on this forum.
As I have called every ministry, embassy and consulate dozens of times by now and lots of the information seems to be contradicting, I thought maybe there is some expert here that can give us advice - because they have already done what we would like to do.


I am German, my wife is Malaysian. We are trying to move to Spain at the end of this year.
I have been to Spain plenty of times and speak basic Spanish - she is not quite at my level but getting there. We are married for about one year, but for work reasons she is still staying in Malaysia and I am in Germany.
She currently has no visa for Germany nor Spain - will be coming to Germany in about 3 months time (she can stay for up to 90 days without a visa, but we intend to stay for at most 2 months, then move to Spain).


First a little bit about myself: I am self-employed, working online. I have also lived in Spain in the past, so I don't have any illusions about lying at the beach while earning money :) When I go to Spain, I can keep my customer base and will remain having a constant cash-flow, as all of that is being managed online and through the phone already. Financially there isn't going to be a problem.


Now according to the following article "Registering as a Non EU Spouse in Spain" on this site, I was originally under the impression she would not need a visa for neither Germany nor Spain to be registered and living in Spain.


However, as I have called to the various official offices, it seems that is not the case. The Spanish consulate told me that she definitely needs a visa. The two options we have are both not applicable:
Family reunion visa: According to the consulate I need to be living in Spain for at least 6 months before I can request that visa
Regular visa: She would need to have a job with a sufficient income to be able to get that visa (but she has no job yet)


Also speaking to the German foreign ministry made me understand that acquiring a German visa for her would not be sufficient to stay in Spain permanently, only if she wanted to stay in Germany permanently. So once we go to Spain, she would need to get a visa for Spain again.


Is all of that information correct?


We simply want to go to Spain together and live there, eventually find a job for her (which shouldn't be a big problem, considering her expertise and amount of languages she speaks) and hopefully do all that without completely ruining our schedule.


As I am more confused than before making those countless calls, I would really appreciate any help I can get.


So my main question is:
How can we go to Spain, so she can permanently stay, live and work there together with me?

Thank you so much for any help in advance! We really appreciate it.


PS: Had to remove the link to the article on the spain expat site, because the forum told me it considered my post to be spam.
Jun 6, 2013 · SpainExpat member
So as I was waiting for a reply, I have also checked back with Spanish embassies and consulates a lot more.
In case anyone else might need this information:
- my wife needs a visa
- a family reunification visa is applicable
- I just need to be registered in Spain (have a NIE and the padron), no minimum amount of time to be registered there
- the VISA application process usually takes about 8-10 days (at least for the embassy in Malaysia)
- she could also come to Spain first (as Malaysia is part of the Schengen treaty) and then apply for the VISA from within Spain

Right now I managed to get and confirm this information but not yet try this out myself. I'll be registering soon and then my wife will apply for the VISA. Once that is through, I will once more confirm the steps and mention any problems, just in case someone else has the same issue.
Jun 10, 2013 · elkoay
Hi there,

I came across your post and believe me I've been reading these things over and over again for months so I'm glad to hear you've sorted it out and that you will be going through the process soon.

I'm Malaysian and my husband is French and I just got here a couple of weeks ago. We are going through the same thing, so once he gets his NIE this week we will be getting the VISA for me :)

Just in case you don't have this information, apparently you need to book an appointment at this website, Spanish bureaucracy is a bit strange in that sense, when my husband went to do his padronemiento the other day it was very quick but he had to go to the office, get an appointment and go back the next day. Don't see why they couldn't do it right there but oh well, at least it was fast!

Here's the link.
www.mpt.gob.es

If you have any information or experience to share if you go through with it first, please do share it I would be so grateful to know there is someone else out there going through the same thing and probably worrying about it too!

Thanks
EL
Jun 27, 2013 · cindycs74
Hi there,

Have you guys heard of the EU Directive 2004/38/EC which covers Freedom of Movement for EU nationals (and their family members)? You can download a copy from the Europa website.

Regardless of the visa your non-EU spouse enters on, they can apply for residence of the country where you are resident as long as they do this within 30 days of arrival.

I am a UK citizen and my fiance is Indian - we are getting married in England soon. However, we have just been refused twice for Schengen tourist 90 day visa despite me having sufficient funds to support my husband to be. we feel the only route for us is the Family Regrouping visa once we are married.

The OP states that there is no minimum time you have to be resident in Spain to apply for this. Is this true? I have also read you have to have been resident for a year and have the ability to be so for at least another year. Any advice on who I can speak to about this? Also processing times for this visa?

Thanks in advance!
Oct 6, 2013 · marvista31
The spouse of a EU citizen does not need a separate visa to enter Spain. She should just enter on a tourist visa, and then
fill out the EX16 form, and get all the documents together, and make an appointment at Extranjeria. It's a little daunting,
but really not that bad. I went through it, as an American married to a Spaniard here.