EU Spouse residency - not working
May 7th 2009, 5:55 pm
#1
Just Joined
Thread Starter
Joined: Dec 2007
Posts: 8
EU Spouse residency - not working
Potentially complicated questions, but want to see about possibly getting residency:
Complicated series of questions:
- I am British, my husband is from Kosovo. We got married 8 months ago in the UK, and he now has a 2-year temporary British residency. I am five months pregnant, and for a variety of reasons have decided to give birth in Spain (where a friend has offered a great house for free for six months), and stay from 1 July until end of October there. I have proof of more than sufficient funds for at least six months with neither of us needing to work (it is sort of a very generous extended maternity leave as my work takes me all over the world in conflict zones)
- As Spain has not recognised Kosovo – nor its passport – my husband applied for and got a visa from the French consulate in London. It is a one-year multiple-entry, but with a maximum validity of 90 days. And this is the problem as we need at least 120 days in the country to cover the period of the birth and the first 2-3 afterwards (the baby is due 30 Septmber, and if we enter 1 July, his 90 days would expire 1 October). Also we would like to stay on for possibly an extra two months after the birth of the baby
- We want to find out what options exist for him to be able to stay in Spain for those four months.
o If I apply for Spanish residency, can he apply then as the spouse of an EU citizen? And would this all be possible in the 3-month period before the baby is born? Would this even be possible given that Spain doesn’t recognize Kosovo? We will be in Jerez so presume that the bureaucracy should be easier/quicker than in Madrid or the coasts. We will not have proof of rent though as we are staying at a friend's house, and we are not looking to work either.
Should I look to open a resident bank account as soon as possible, and transfer all my savings there as proof - will that be sufficient to be seen as being of "independent means"?
Alternatively, could my husband extend his schengen based on my residency in Spain (once I sort that out).
Basically, how important is the type of his passport to the process? And how involved are the central authorities (versus local communa) in making decisions on EU-spouse residency.
If nothing else, then my husband will simply have to leave Spain for a few weeks so that he can guarantee being in Spain when the baby is born.
Thanks for any suggestions
Complicated series of questions:
- I am British, my husband is from Kosovo. We got married 8 months ago in the UK, and he now has a 2-year temporary British residency. I am five months pregnant, and for a variety of reasons have decided to give birth in Spain (where a friend has offered a great house for free for six months), and stay from 1 July until end of October there. I have proof of more than sufficient funds for at least six months with neither of us needing to work (it is sort of a very generous extended maternity leave as my work takes me all over the world in conflict zones)
- As Spain has not recognised Kosovo – nor its passport – my husband applied for and got a visa from the French consulate in London. It is a one-year multiple-entry, but with a maximum validity of 90 days. And this is the problem as we need at least 120 days in the country to cover the period of the birth and the first 2-3 afterwards (the baby is due 30 Septmber, and if we enter 1 July, his 90 days would expire 1 October). Also we would like to stay on for possibly an extra two months after the birth of the baby
- We want to find out what options exist for him to be able to stay in Spain for those four months.
o If I apply for Spanish residency, can he apply then as the spouse of an EU citizen? And would this all be possible in the 3-month period before the baby is born? Would this even be possible given that Spain doesn’t recognize Kosovo? We will be in Jerez so presume that the bureaucracy should be easier/quicker than in Madrid or the coasts. We will not have proof of rent though as we are staying at a friend's house, and we are not looking to work either.
Should I look to open a resident bank account as soon as possible, and transfer all my savings there as proof - will that be sufficient to be seen as being of "independent means"?
Alternatively, could my husband extend his schengen based on my residency in Spain (once I sort that out).
Basically, how important is the type of his passport to the process? And how involved are the central authorities (versus local communa) in making decisions on EU-spouse residency.
If nothing else, then my husband will simply have to leave Spain for a few weeks so that he can guarantee being in Spain when the baby is born.
Thanks for any suggestions
May 8th 2009, 6:41 am
#2
Forum Regular
Joined: Mar 2009
Posts: 69
Re: EU Spouse residency - not working
Simple answer - got to the Spanish Consulate in London.
May 8th 2009, 12:09 pm
#3
Joined: Jun 2006
Location: Granada Costa
Posts: 10,899
Re: EU Spouse residency - not working
The non EU spouse of a Spanish resident has the right to residency.
This was changed when the old residency system was changed and you now get the certificate rather than the card.
However, the non EU spouse actually gets an old style residency card.
http://extranjeros.mtas.es/es/Inform...ION_INGLES.pdf
You apply on the same form that is used for EU citizens wanting to register as a foreigner.
http://www.mir.es/SGACAVT/modelos/ex...anje/ex_16.pdf
He will need a visa issued by the Spanish Embassy.
This was changed when the old residency system was changed and you now get the certificate rather than the card.
However, the non EU spouse actually gets an old style residency card.
http://extranjeros.mtas.es/es/Inform...ION_INGLES.pdf
You apply on the same form that is used for EU citizens wanting to register as a foreigner.
http://www.mir.es/SGACAVT/modelos/ex...anje/ex_16.pdf
He will need a visa issued by the Spanish Embassy.
