Non-EU spouse residency

[thetmanifesto]

Hi everyone

I did search but couldn't find exact info but I'm sure this may have been answered before.

I'm a U.K national. My (soon to be) spouse is Dominican, she does not have a family permit or anything.

If my her and I wish to move to Spain, which visa is she required to obtain in order to apply for residency once there? On the Spanish Ministerio del Interior website it says she must obtain 'the corresponding visa' does that mean that a schengen is sufficient or would she have to apply for a 'national visa and the tick the family reunion box'?

If it's a 'national visa' then would I have to have to be in Spain with somewhere to live and a Spanish NIE? Would these same circumstances apply to Italy?

Thanks

[EUsmileWEallsmile]

She would need a short term entry visa, which is pretty much the same as a tourist visa. Take a look at a scengen visa form and it should be pretty clear what's required.

[thetmanifesto]

Thanks, has anyone with a similar case actually done this recently though?

The Spanish Ministerio del Interior or any of their consulates websites do not actually clarify if this is correct though.

The Spanish Embassy in the D.R just say that if she intends to reside in Spain then she needs a national visa on family reunification purposes and it doesn't matter that I'm an EU national. But there info has been known to be somewhat less than accurate in the past

And the Schengen visa form is pretty clear if you are actually planning on going there as a tourist but not if you are planning on applying for residency upon arrival.

However I have read elsewhere that non-eu's with eu spouses say that they have done as you said and actually managed to get the residency on a family reunion basis just by turning up at the relevant offices and it has never been a question as to whether they obtained the national visa.

I think I may have to contact the ministerio del interior to confirm.

[thetmanifesto]

I have looked extensively in English and Spanish and there is nothing that official that confirms my partner would just need a schengen tourist visa in order to obtain residency once in Spain, if you have found such information so easily I would be very grateful if you could post the link please.

[EUsmileWEallsmile]

Have you read this yet?
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

What type of visa is required see below. (I've already stated that it's a normal schengen visa, but there are some links).

http://europa.eu/youreurope/citizens/tr ... dex_en.htm
and here
http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

Post entry, she will need to apply for a residence card and you will require a residence certificate.

http://europa.eu/youreurope/citizens/re ... ers_en.htm and again this
http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

All the information pertaining to Spanish residency is available here;

http://www.boe.es/buscar/act.php?id=BOE-A-2007-4184

[EUsmileWEallsmile]

The Spanish Embassy in the D.R just say that if she intends to reside in Spain then she needs a national visa on family reunification purposes and it doesn't matter that I'm an EU national. But there info has been known to be somewhat less than accurate in the past

Did you review the information on this site or did you perhaps look elsewhere?

http://www.exteriores.gob.es/subwebs/Co ... g_TSW.aspx

This will be relevant to your case

En el caso de ciudadanos de la Unión Europea, Noruega, Islandia, Liechtenstein y Suiza, así como sus cónyuges, parejas de hecho, ascendientes y descendientes, la normativa aplicable se recoge en el Real Decreto 240/2007, de 16 de febrero, sobre entrada y permanencia en España de nacionales de Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo.

and this will not be

Visados nacionales:
Estos visados habilitan para residir, residir y trabajar, estudiar o investigar en España. Todos los extranjeros que deseen entrar en España para residir, residir y trabajar o estudiar necesitan contar con un visado de este tipo, a menos que se trate de ciudadanos de la Unión Europea, Islandia, Liechtenstein, Noruega o Suiza.