Confused about entry for my dependents
 

I am a retired UK citizen intending to move to Spain to live. My partner (unmarried but accepted as my partner by UK immigration due to the proven 5 years we have so far lived together here in the UK) is non-EU, as is her daughter (who does not live with us at present but in her home country in Asia). My partner has a UK Visa (unmarried partner). I realise I can enter Spain without a Visa but it seems my partner and her daughter (daughter's age is below 18) would both need to obtain a Visa to enter Spain and I read that they have to obtain the Visa from their HOME country. So does the UK count as my partner's home country if she is resident here (and has been for almost 6 years now) or would she have to travel back to her country of birth to get the Visa to enter Spain? Also, her daughter may be entering the UK soon on a dependent's Visa; so would they both then be able to apply from the UK to enter Spain? I have read about "legal partnership" as proof of dependency but don't know how that is proved in Spain (possibly as in the UK by showing common addresses for the previous years). I also read about having to prove relationships with birth certificates, but the daughter is not my daughter; so can the relationship be that of step-daughter and proved by her relationship to my partner? Finally, would the marriage of myself and my partner simplify the process of us all entering Spain to live or would all the complications still be present?

Re: Confused about entry for my dependents
 

You might want to take a look at this thread which is currently active in the Portugal forum, and which is discussing the same sort of issues with respect to going into the UK. It has some useful info about European law.

Re: Confused about entry for my dependents
 

Thanks, I have read it. But it seems to concern the entry of a non-EU citizen into the UK, whereas my post is concerning coming FROM the UK and INTO Spain.

Re: Confused about entry for my dependents
 

Same Europe, same basic rules ..... I concede their might be nuanced differences, but if anything, the rules in the UK are likely to me more restrictive than those implemented by Spain, or anywhere else that isn't the UK.

Re: Confused about entry for my dependents
 

This may be of some help to you.

Only the spouse, the civil partner, the descendant children, and the adopted children under the age of 18 of an EEA/EU National can apply under the visa category EEA/EU Family.

Family members of an EEA/EU National holding a valid UK Residence document do not need a Schengen visa to enter Spain, only if the following 2 conditions are met:
Travelling with/joining the EEA/EU family member in Spain (EU Directive 2004/38/CE, according to Real Decreto 240/2007, 16 February)
Note:

If the holder of an UK Residence permit bearing the wording "Residence Card of a Family Member of an EEA National" travels without the EEA/EU family member, than the applicant must submit the required documents for a Tourist Visa and will be subjected to the appropriate visa fee.

If the UK Residence permit bears any other wording than "Residence Card of a Family Member of an EEA National", the applicant can apply under the visa category EEA/EU Family.

All family members of an EEA/EU national travelling without the EEA/EU family member must always submit the required documents for a Tourist Visa and will be subjected to the appropriate visa fee.

It does appear they will only accept a married relationship.

Re: Confused about entry for my dependents
 

Thanks for that very detailed reply. I understand it now and would always intend for us all to travel together. I am not sure what my partner's UK residence card says as it with immigration now for renewal but as we would always be travelling together it seems that will not be an issue. One thing that still puzzles me is the issue of my partner's daughter; I am assuming if she holds a UK Residence document and her mother is my spouse, then she would be allowed entry with us if we are all travelling together. If not, then I read your reference to "adopted children" and I am wondering if it does mean legal adoption. Many families contain children who are the biological children of just one parent and I would be surprised if they were not regarded as part of the family of both parents.

Thanks very much.

Re: Confused about entry for my dependents
 

Seems the obvious place to check is the Spanish Embassy.

Re: Confused about entry for my dependents
 

Possibly.... but often information given by those in authority is not accurate... so I put my trust in people who have been through the same situation. I think I have a clear idea now of the process and being married makes it much simpler. Thanks for your advice.

Re: Confused about entry for my dependents
 

Strange way of doing things!

Good luck

Re: Confused about entry for my dependents
 

This may be of some help to you.

Only the spouse, the civil partner, the descendant children, and the adopted children under the age of 18 of an EEA/EU National can apply under the visa category EEA/EU Family.

Family members of an EEA/EU National holding a valid UK Residence document do not need a Schengen visa to enter Spain, only if the following 2 conditions are met:
Travelling with/joining the EEA/EU family member in Spain (EU Directive 2004/38/CE, according to Real Decreto 240/2007, 16 February)
Note:

If the holder of an UK Residence permit bearing the wording "Residence Card of a Family Member of an EEA National" travels without the EEA/EU family member, than the applicant must submit the required documents for a Tourist Visa and will be subjected to the appropriate visa fee.

If the UK Residence permit bears any other wording than "Residence Card of a Family Member of an EEA National", the applicant can apply under the visa category EEA/EU Family.

All family members of an EEA/EU national travelling without the EEA/EU family member must always submit the required documents for a Tourist Visa and will be subjected to the appropriate visa fee.

It does appear they will only accept a married relationship.

Hi RSPLTD,
Just to clarify what you have said here as this is my situation and had read this as apparently it was challenged in the courts.
I as a UK citizen and passport holder currently residing and working in Spain, am wanting to bring my wife, stepson and our son into Spain. She is a non EU citizen as is the stepson but the little fella is a UK citizen (our son) Does she not need a visa to enter Spain if we all come as a family unit, is this what I am reading here. If so what documents do we need to present to the customs folks in Madrid to enter. She is currently in the process of applying for a tourist visa as the people in the country where she is have not much clue and as I understand as the wife of a EU citizen it is free and expediated. Any replies and comments welcome cheers.