Does my USA husband need a visa?

[gracegaldo]

Hi everyone. My apologies, I have yet another question relating to our move to Spain and my husbands situation. I am british so have EU right to enter and work in Spain. My husband is from the USA. We were married in the USA.

As far as I know, once we arrive in Spain, I apply for my NIE number at the police station or oficina de extranjeros. Once I have that, he needs an appointment to apply for an EU spouse residency card. We are trying to currently figure out what documents are needed for that, so I emailed the Spanish consulate in Edinburgh.

They got back to me and said that he needs to apply here in the UK for a Residence Visa before going to Spain. This is the first we have heard of this and it's not listed on any other website we have come across. We fly on 5th July so getting that now will be a nightmare.

We have a one way ticket from Liverpool to Malaga with ryanair. Will they let him in the country? This never occurred to me before as we have travelled frequently throughout europe and the shengen area with no problem. Will the one way ticket cause a problem?

This whole process is extremely confusing and we keep being told different things by different sources.
If anyone knows the exact rules or has done this with a US spouse before, any insight would be very much appreciated.

Thank you!!!

[gracegaldo]

I should also mention that he has a Spouse Visa to live with me here in the UK. He has been living here for almost 1 year.

[Bfpijuan]

He is allowed in Spain under the waiver program for 90 days. Cannot answer other questions

[gracegaldo]

Thank you for your reply. I am finding mixed information online.

One website says this :IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Permit are not required of a visa to enter Spain. Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEA National, if not, a visa is required

He has a spouse visa here in the uk so I'm hoping that is the same as the "residence permit". I also know that he can enter as a "tourist" without a visa but only stay 90 days. The question is, can he then apply for the "family member of EU citizen resident card" without holding a visa for Spain?

[xabiachica]

Originally Posted by gracegaldo

Thank you for your reply. I am finding mixed information online.

One website says this :IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Permit are not required of a visa to enter Spain. Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEA National, if not, a visa is required

He has a spouse visa here in the uk so I'm hoping that is the same as the "residence permit". I also know that he can enter as a "tourist" without a visa but only stay 90 days. The question is, can he then apply for the "family member of EU citizen resident card" without holding a visa for Spain?

yes, I'm 99% certain that's how it works - everything I've ever heard or read has always stated that a resident/spouse/whatever visa has no bearing on an EU family visa to Spain


in fact I'm sure many people in your situation actually come to live in Spain because it has thus far been more straightforward getting an EU family member resident visa here, than a spouse visa in the UK

if you are confused as to exactly what kind of visa your husband has for the UK, you might want to ask in our Britain Expat Forum for Expats Living in the UK - Expat Forum For Expats, For Moving Overseas And For Jobs Abroad............ Joppa, our moderator there, is very knowledgable as far as visas are concerened

[gracegaldo]

Originally Posted by xabiachica

yes, I'm 99% certain that's how it works - everything I've ever heard or read has always stated that a resident/spouse/whatever visa has no bearing on an EU family visa to Spain


in fact I'm sure many people in your situation actually come to live in Spain because it has thus far been more straightforward getting an EU family member resident visa here, than a spouse visa in the UK

if you are confused as to exactly what kind of visa your husband has for the UK, you might want to ask in our Britain Expat Forum for Expats Living in the UK - Expat Forum For Expats, For Moving Overseas And For Jobs Abroad............ Joppa, our moderator there, is very knowledgable as far as visas are concerened

Thank you for your reply, we will double check the situation with the consulate and check the link you provided. I am am also 99% sure that is the case, it's just the email from the consulate today that has thrown us off. Really appreciate your help. To have someone else who also believes the same as us puts my mind at ease a little