Country of residence for family permit app?

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Country of residence for family permit app?


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Old 9th May 2011, 10:09 AM
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Default Country of residence for family permit app?

There seems to be some very knowledgeable people on this forum so I'm hoping someone will have an answer to this...

In the EEA Partner Family Visa Assessment item 7 is "country of residence". There are no guidelines on this topic.

Does it mean formal residence (i.e. registered such as "residencia" in Spain) or can it be informal (as in current physical presence)?

I've travelled extensively the past few years and I'm currently in Spain for less than 6 months. But since I've never taken on residency I supoose my legal residence is still the United States.

The fact that my wife is an EEA citizen further complicates the issue. She has also never taken out formal residence (not legally required to) although her passport lists her place of residence as Spain.

Considering my relationship status should I also consider Spain as my country of residence?

And a final question: Is this assessment the best way to go about applying or are there other/better ways?

Thanks for any advice on this issue. I want to get it right!
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Old 9th May 2011, 10:28 AM
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The matter of "residence" is a tricky area. There is no one, universally accepted definition of residence. The six month (or 183 day) criteria is really just a rule of thumb. If you're someplace for 183 days or more of a calendar or tax year, it's "presumed" that you are resident there. But there are many other factors to consider (including whether or not you have taken or are eligible for whatever formal sort of residence is available).

The simple way to determine your residence is to ask yourself "where am I currently living?" The fact of living with your wife (and other family members, if this applies) strongly implies that this is where you are resident, even if you are away on business frequently. Where do you do your banking? Attend to medical needs? Pay rent or a mortgage? All these go into making up your "residence" - but in the end it kind of comes down to common sense.

It sounds like you are currently living in (and thus resident in) Spain. In the end, what they really want to know for the EEA permit is "where are you now that we can get in touch with you as needed?"
Cheers,
Bev
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Old 9th May 2011, 10:56 AM
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Thanks for that, Bev. Your answer is sensible but I was just wondering if, say I claim Spain as my residence, would they ask for documentation such as a "residencia" card?
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Old 9th May 2011, 12:33 PM
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Quote:
Originally Posted by DavidO View Post
Thanks for that, Bev. Your answer is sensible but I was just wondering if, say I claim Spain as my residence, would they ask for documentation such as a "residencia" card?
Probably not, as the spouses of EU nationals are very often exempt from some of the documentation requirements for residence in other European countries. To prove your residence (if they should contest it for any reason), you should provide a signed lease, utility bill in your (or your wife's) name or something similar to prove where you're living.
Cheers,
Bev
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