callumalden

Two weeks ago I submitted an application for the “residence card of an EU national family member” known as “tarjeta de familiar de comunitario” at the local police office of my ‘pareja in País Vasco. They provided a handy cheat sheet which bullet pointed the steps to submitting an application.

I was told that I should complete form EX-19... Only to be told two weeks later, that the form has been replaced. The requirements to submit an application for a “residence card of an EU national family member” have also changed.

Apparently the Spanish immigration office now require a non-EU parter submit a criminal record check (I believe this to be a British ACRO “police certificate” in my case), this is a new requirement for the “tarjeta de familiar de comunitario” introduced Spring 2024.

This is all achievable, however, my active application requires me to provide the legalised and translated ARCO in 10 days. It will take me 5-6 weeks to actually procure the thing!!

The website of the EU seems pretty explicit in the section that covers requirements for the “residence card of an EU national family member”. It does not mention the requirement for a criminal record check. Passport, proof of relationship, family member’s ID… all good. No mention of criminal record check. In fact the EU’s page specially reads “no other documentation may be required”.




I am going to attempt to request an extension to my application while await the criminal record check (which was not a requirement two weeks ago!). The foreign office warn me it will take up to 5 WEEKS to legalise the document! Argh.

My question to the expat community; can this be correct, did Spain all of a sudden change their requirements for the “residence card of an EU national family member”, in terms of an appeal should I contact the EU in reference to “no other documents may be required”?

I have just returned from the police office’s information department who seem to believe completing an EX-10 form along with changing my application to a request for “authorisation of residence for the exceptional circumstance of joining a family member” is the only way forward.

Is this news to you gang?

DLC

If your partner is Spanish, they could do this. Similar to in the UK before Brexit if one of the partners was a British citizen then national immigration law took priority over EU immigration law.

There seems to have been a recent change which means that EX-10 is the way to go section "Familiares de Españoles".

The EX-19 form would still be available for EU/EEA citizens who aren't Spanish to live with non-EU/EEA family members in Spain.

callumalden

Thank you kindly for your input, that’s an interesting read. I’m still a little uncertain of what the outcome might be, are they actually going to give me a “tarjeta de familiar de comunitario”? The police office (information desk) waved this question away yesterday “it is the same thing”.

It doesn’t seem that clear, as completing an EX-10 and requesting my application be processed as “an application for residence authorisation due to exceptional circumstances due to family roots” (I have been instructed by immigration to do this) seems pretty heavy duty compared to “residence card of an EU national family member”, which is the card I would like.

Any thoughts? Also the EU say I shouldn’t have to pay for a “residence card of an EU national family member” other than the cost of the ID card.

It does seem like Spain has deleted the straightforward route to acquiring this card, no?

Thabk you.

DLC

You can see the differences between the the two kinds of residency here. After a quick check of a few immigration lawyer websites, it looks like the government has allowed applicants to choose which one they to apply for based on which requirements work best for them over the past two years, but now everyone with a Spanish partner is told to apply for using form EX-10.

The advantage is there's no economic requirement and no need for private medical insurance.

The disadvantage is the certificado de antecedentes (ACRO).

Additionally I think the EU family member card will allow you to travel around the Schengen area without getting a passport stamp whereas you this card gets you a stamp, although it makes little practical difference for residents.

callumalden

Very kind of you to offer even more clarity DLC . Anyone have experience of travelling around Europe with the "Arraigo Familiar" certificate? I imagine quite frequent trips back and forth across France. Explaining yourself to those French border guards is tiresome at the best of times! Any thoughts.

DLC

No, I've got a withdrawal agreement TIE but any card in the common Schengen format as they all are now will be recognised as a Schengen residency card. The person carrying one may or may not get a passport stamp but if they do it doesn't have any effect as they're a resident.

callumalden

Thank you so much DLC . Good to know. One final thought on this; what has happened to the route for a non-EU resident to get the ‘community card’ I wonder? Or has it been ditched by the Spanish immigration office?

My partner is full time employed, we both meet the healthcare requirement. We have a joint padrón, proof of pareja. Everything in date and double checked. We ticked all the boxes for the “community card”. I find it a bit odd that as soon as we made the application they say “ah, you can’t have that… give us 40 squid and join another queue!”, but then again I’m new here! Haha.

Just a grumble. I’ll leave that there. Thank you for all your input. I will plow on.

astera

So instead of the 'family member of an EU citizen' card they are going to issue you with some kind of paper certificate?

From what you've written the process seems much simpler except for the police certificate but that's only because you're getting a UK one. In many countries you can literally get it issued and add an Apostille all within days.

DLC

Eveything I've read about this indicates that all residency documents issued by Spain now are TIEs which follow the Schengen uniform format, apart from that issued to EU citizens which is the green certificate and shown together with their own country's ID card/passport.

Maybe the OP could let us know of that's true?

callumalden

astera they haven´t been clear on what the actual physical outcome will be (plastic or paper, who knows?). All I know is that I am advised by the immigration office (the folks who actually process my authorisation) to modify my initial application to become "an application for residence authorisation due to exceptional circumstances due to family roots", this is the "Arraigo Familiar" route DLC mentions.

After reading the law (hah! It came to that, Royal Decrees and creeds of EU directives) I found that in the EU law that the "community card" is aimed at family members of those EU citizens who have "exercised their right to free movement". It seems you are only supposed to get a "community card" / "EU family card" / “residence card of an EU national family member” / “tarjeta de familiar de comunitario” IF... IFFFFF your Spanish partner has already lived elsewhere in Europe, or if they are originally not from Spain. So a Belgian living in Spain Married to a Brit could be the basis of the Brit making an application for the "community card". Easy.

That is my reading of it. What a rollercoaster. Anyone given the card in contradicting circumstances?

I am currently writing a "solicitud" for the Spanish immigration office pleading / requesting extra time due to the FCDO backlog. We shall see! Thanks for your input.

astera

Definitely a roller-coaster if they accept your application and then later contact you to change it to a completely different pathway to legitimising your residency.

Hopefully it leads to the same piece of plastic but with just a different label on it as that card works well for travel.

callumalden

To add to the confusion I have just received an email from Your Europe Advice (an advice service on EU rights for everyone, provided by a network of legal experts in all Member States) they explain that the immigration office in Spain are wrong, what they are requesting I do is not correct and the request for the criminal record be viewed as “unlawful” as I should be given the “residency card for family member of an EU Citizen” card without providing such a document. 🤪

This takes into account the fact that I am an non-EU registered parter (in my case a civil parter) of an EU citizen (yes, a Spaniard!) living in Spain.

Tomorrow I will visit the police office and try to get some answers. What a faff.

DLC

This I think is similar to the Surinder Singh route in the UK before Brexit.

If the British partner had never used their FoM rights before applying then national immigration law could take precedence over EU law.

However if the British partner had lived at least three months in another EU country with their non-EU partner before applying so they had used their FoM rights and they could prove it, the non-EU partner of a British citizen could apply for an EU family member card in the same way as the non-EU partner of a non-British EU citizen living in the UK.

As there is already ECJ case law which sets out the reasoning about what is allowed and why I think Spain can do this, but you seem to have applied just at the wrong time when there was a change in immigration policy and it's probably thrown your plans into disarray (e.g. 90-day limit).

callumalden

Today I paid a visit to the very helpful people at the police office (foreigners information desk) in País Vasco for one last time… I hope.

It has been confirmed to me that a new immigration rule in Spain has come into affect, those in my situation (non-EU family wishing to join Spanish citizen in Spain) will only be given the ‘Arriago Familiar’ route, this rule was adopted start of May. Exactly when I submitted my, now incorrect, application. The new go-to authorisation is, in my case, “application for residence authorisation due to exceptional circumstances due to family roots". Use form EX-10.

The so-called ‘Community Card’ is no longer a valid route in my circumstances. If your EU parter (resident of Spain) has spent a number of months in another member state the route may well remain an option for you.

There is no way round it for me, meaning I must now wait on the UK foreign office to legalise my criminal record. Having expedited the procurement of which I am now out of pocket £200. That is next months pintxo budget blown! I jest.

The police did think I might be offered extra time should I politely explain the state of things, which I have done so. I was told in extraneous circumstances they had been known to stretch to three months, so I feel somewhat hopeful.

Bottom line; if you are considering applying for the “Community Card’ after May 2024. Triple check your situation before hand. The times they are anoyyyyyyin’!

Thank you chaps!

astera

It could well be that your route is much faster and more streamlined, simply because you won't be assessed in any financial terms (which are quite opaque) or via your medical insurance (have heard some strange stories about having to pay up front for a year, confirmations letters needed from the insurer, etc.).

Once you get the police certificate the whole thing might be done and dusted with residency confirmed/approved very quickly.

With the Community Card it's a bit of a ping-pong game and it takes a good couple of months to get through the process even once you've filed the initial paperwork.