American married to German who is Spain resident...

[kelleyclubjet]

I am an American who just married a German citizen ( in the U.S), who is a resident of spain. Not sure where I should start....I have not had time to do extensive research. Any input would be appreciated. Thanks, Kelley

[John]

So are you wanting to live in Spain with your German spouse? If so and that German spouse is exercising EU Treaty Rights in Spain, for example by being employed, then you should apply to the Spanish Embassy in the US for an EEA Family Permit. That will give you the same Treaty Rights as your spouse, thus including the ability to live and work in Spain.

[kelleyclubjet]

Hi, John, thanks for your reply. Yes we will be living in Spain (at least part time). In fact, I am already in Spain with my visitors permit. My husband is a self employed corporate pilot and we may be required to live in Germany also. I hope not, the language is killing me. I didn't think anyone would respond so I was not very informative, sorry. Again, any input would be appreciated. Thanks, Kelley

[Directive/2004/38/EC]

Dear kelleyclubjet

First off congratulations! I hope you have a long and happy marriage. Germans can be a challenge, but also a lot of fun. And they like travelling!

Do you have a specific question? What would you like input on?

[kelleyclubjet]

Hello, and thank you very much for your reply and well wishes.

My concern is for finding out what the correct procedure is for me to become legal as a new European resident through marriage. It sounds like it's not as simple as filling out a form stating that, I, as a U.S. citizen, have just married a German citizen, show documentation, and get a new status on my passport. When I spoke to a representative at the U.S. Embassy in Barcelona, he had no idea what a EEA Family Permit was and suggested that I get a Spanish interpreter and go to the police station to start the residencia process. When I spoke with a U.S. Consulate representative in Valencia, I got pretty much the same message and that I would have to do the same thing in Germany.

I was sure hoping for a simple procedure. Any additional input, would as always, be very much appreciated

[Directive/2004/38/EC]

An EEA family permit is only a UK invention and is nothing to do with Spain or Germany. That is what the UK call their "pre-clearance" (it is called a pre-clearance because they are not allowed under EU law to require visas in this case, so they call it something else).

You would be smart to read the web site of the Spanish embassy in Washington, London, and Ottawa. The procedure in spain will be somewhat similar and this will get you a sense of the requirements. You should also have your husband call the German embassy for advice on how to proceed (the consular section is there to help him).

You will likely also find local organizations that can help you with immigration advice and with getting the application filled out.

You most likely need to get a "Residence Card", which is a feature from EU Directive/2004/38/EC. This directive is something you should get to know well. There may or may not be Spanish implementing legislation for this EU Directive, and if there is not then the EU directive itself has the force of law in Spain.

[JAJ]

An EEA family permit is only a UK invention and is nothing to do with Spain or Germany. That is what the UK call their "pre-clearance" (it is called a pre-clearance because they are not allowed under EU law to require visas in this case, so they call it something else).

The point is that an equivalent permit must exist in other EEA states, even if it's called something else.

The original poster should bear in mind that there's no automatic route to Spanish citizenship.

[kelleyclubjet]

I, the original poster, am not interested in an automatic route to Spanish or German citizenship. I simply want to be legal! My husband is a corporate pilot and we could end up living in Russia for all I know. I simply want to be legal. In my ignorance (or, lack of knowledge), I thought , or had hoped it might be an uncomplicated procedure.

I will research further. Thanks for the recommendations.

[Directive/2004/38/EC]

It should be a very straight forward process.

You are the wife of an EU citizen who is exercising treaty rights. The only thing you really have to do, if and when asked, is show that yours is a legitimate marriage (roughly speaking that it has a history and has a future).

Read though Directive/2004/38/EC. It is well written and clearly lays out your rights.

[kelleyclubjet]

Thanks for all of the input. It's so nice to be able to interact.

Best regards,

Kelley

[Wanderer]

I, the original poster, am not interested in an automatic route to Spanish or German citizenship. I simply want to be legal! My husband is a corporate pilot and we could end up living in Russia for all I know. I simply want to be legal. In my ignorance (or, lack of knowledge), I thought , or had hoped it might be an uncomplicated procedure.

I will research further. Thanks for the recommendations.

I can tell u about Russian Residence!

You don't wanna know!

Ya v kurse!

Steve

[JAJ]

I, the original poster, am not interested in an automatic route to Spanish or German citizenship. I simply want to be legal! My husband is a corporate pilot and we could end up living in Russia for all I know.

If it comes to picking a country to settle down in permanently, do consider this point as it will be important long term. It's significantly easier to become a citizen in some European countries compared to others.