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Residency as EU family member

Residency as EU family member

Old Jul 8th 2021, 5:00 pm
  #1  
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Default Residency as EU family member

Hi all,

First post here so wanted to thank you for all the useful information I have read on here so far.

As the wife of Spanish national and mum of three (small) Spanish boys I am currently trying to get residency in Spain so we can all continue reside there as family.

We seem to be hitting brick walls sadly.

I work remotely currently (will seek employment as a midwife once resident) but immigration will not take my income into account as it doesn’t make me dependant on my spouse. I have private healthcare arranged and my salary is paid into my husbands bank account (tax advice taken so no issues or queries there). They still say we can’t prove we are self sufficient as for this I am required to be dependant on him.

Advice is that we need £16k in savings or a 1500€ contract for him as although boys Spanish, they come into the calculation for income needed. I more than earn this on my own. He is establishing himself in his field so not earning that - and other basic jobs do not pay the required salary level.

We are finding this so upsetting and stressful as I really don’t want to be in a position that I am “illegal”. He is finding it hard to accept that it’s so hard for him and the boys to live in their home country with their mum (who certainly doesn’t want to be a burden on the state - I earn a decent salary). My midwife professional status is recognised by Spain as this is my intention.

I am worried that on a trip back to the UK we could be separated as I will eventually hit the 90 day mark and no guarantee of entry. Is it this hard for everyone or are we doing something wrong?

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Old Jul 8th 2021, 8:35 pm
  #2  
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Default Re: Residency as EU family member

You can extend your visit over 90 days, I think being with your family will be a good enough reason. You may need to have begun your application and be able to show them the resguardo.

Prórroga de estancia de corta duración - Sede Electrónica

Secondly, I take it you're applying for the tarjeta de residencia de familiar de ciudadano de la union?

Tarjeta de residencia de familiar de ciudadano de la Unión

It seems strange as all your husband needs to do is fulfill one of four conditions, and he's working, and no mention is made if reaching a salary level while working, so that's that:

El ciudadano de la Unión u otro Estado parte del Espacio Económico Europeo, debe cumplir una de las siguientes condiciones:

Ser trabajador por cuenta ajena en España, o

(None of the rest is important)
Perhaps there's something I've missed?

More info:

Medios económicos para la Tarjeta Comunitaria

Trabajador por Cuenta Ajena

El primero de los supuestos a través de los cuales podemos obtener esta tarjeta comunitaria es ser trabajador por cuenta ajena en España.

En estos casos, y a diferencia de lo que sucede con otros permisos, no se exige una cantidad concreta en cuanto al salario, ni se tendrá en cuenta ni la antigüedad, ni el tipo de contrato que tenemos en ese momento.

Nos hemos encontrado con ciertas Oficinas de Extranjería que sí que exigen que el contrato sea de un tipo concreto, y que además se reciba cierta cantidad de dinero en concepto de salario. Estoy es ilegal. Las oficinas únicamente deben tener en cuenta que se está dado de alta y trabajando, por tanto con la vida laboral y nuestra resolución de alta es más que suficiente para cumplir con este requisito.

Last edited by DLC; Jul 8th 2021 at 8:43 pm.
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Old Jul 8th 2021, 9:12 pm
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Default Re: Residency as EU family member

I also find this hard to understand. Basically if your husband and you work there should be no issue. Under European law families cannot be separated. I would get a lawyer to deal with it but if the children are minors living in Spain they cannot be separated from the mother and you should be given residency on the issue alone, afterall where are you meant to live as presumably your husband cant join you in uk.
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Old Jul 9th 2021, 5:08 am
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Default Re: Residency as EU family member

Originally Posted by LisaA23 View Post
As the wife of Spanish national and mum of three (small) Spanish boys I am currently trying to get residency in Spain so we can all continue reside there as family.
How are you basing your application on EU freedom of movement if your husband is a Spanish national? I understand that in that case Spanish domestic immigration law should be applicable.

Are you using the Surinder Singh route and if so, is Spain still, after Brexit, accepting time spent in the UK for Surinder Singh?
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Old Jul 9th 2021, 6:33 am
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Default Re: Residency as EU family member

Originally Posted by sternchen View Post
How are you basing your application on EU freedom of movement if your husband is a Spanish national? I understand that in that case Spanish domestic immigration law should be applicable.

Are you using the Surinder Singh route and if so, is Spain still, after Brexit, accepting time spent in the UK for Surinder Singh?
There is no need to go through the Surinder Singh route in Spain. Some member states took "citizen of an EU/EEA state" to include their own citizens (like Spain), others didn't (like the UK).

If you read the second link I gave it makes no distinction between Spanish citizens and other EU/EEA citizens. It spells it out clearly:

Los familiares de ciudadano español o de otro Estado miembro de la Unión Europea, o de otro Estado parte en el Acuerdo sobre el Espacio Económico Europeo o Suiza
Also, there is no other way for a Spanish citizen to be reunited with a non-EU/EEA family member - this is the only option.

Last edited by DLC; Jul 9th 2021 at 6:39 am.
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Old Jul 9th 2021, 7:30 am
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Default Re: Residency as EU family member

Thank you for all your replies - they are very helpful. It is actually the lawyer who has given us the information - I haven’t put in application yet with immigration.

Apparently salary level has to fit their calculations - and it has to be the EU citizens salary (hence why my UK wages will not be acceptable). He simply doesn’t earn the level they are asking for so lawyer hesitant to put in application as would probably be rejected based on not meeting this threshold. He alone has to prove he can support the entire family, and the approximate salary is around 1400€ a month (with a suitable contract) - again this is what a lawyer has informed.

Sorry if doesn’t make sense - it doesn’t to us either!
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Old Jul 9th 2021, 7:57 am
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Default Re: Residency as EU family member

I think the lawyer might believe the savings threshold for the non-working category (third one) also applies for the working categories (first and second ones), which is not true.

If you want to do it yourself then it's modelo EX-19 and there are guides all over the web (even on YouTube) if you search for something like "como rellenar ex-19".
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Old Jul 9th 2021, 8:20 am
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Default Re: Residency as EU family member

Originally Posted by LisaA23 View Post
Thank you for all your replies - they are very helpful. It is actually the lawyer who has given us the information - I haven’t put in application yet with immigration.

Apparently salary level has to fit their calculations - and it has to be the EU citizens salary (hence why my UK wages will not be acceptable). He simply doesn’t earn the level they are asking for so lawyer hesitant to put in application as would probably be rejected based on not meeting this threshold. He alone has to prove he can support the entire family, and the approximate salary is around 1400€ a month (with a suitable contract) - again this is what a lawyer has informed.

Sorry if doesn’t make sense - it doesn’t to us either!

Where did you all live before? You either have to be able to live as a family in UK or Spain. Children cannot be separated from parents on the basis of earnings. If you cannot support the family in UK you should receive benefits. If your husband cannot support you in Spain then you should petition on the basis of the rights of the children not to be separated from mother.
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Old Jul 9th 2021, 3:47 pm
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Default Re: Residency as EU family member

This sounds completely wrong to me on every level.

Are you trying to do this via a lawyer in the UK? If so, that could explain the problem.

Non EU spouses, civil partners and durable, long term partners of EU nationals are automatically entitled to take residency in any EU state. You are not subjected to the same restrictions and income requirements as UK nationals meaning you can turn up at any police station in Spain with your EU partner (conveniently Spanish!) and take residency, just like UK nationals did in those wonderful pre Brexit days.

PS. Why would you be contacting immigration? You just need to take residency in Spain.

Last edited by Lou71; Jul 9th 2021 at 3:52 pm.
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Old Jul 10th 2021, 11:00 am
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Default Re: Residency as EU family member

Originally Posted by Lou71 View Post
This sounds completely wrong to me on every level.

Are you trying to do this via a lawyer in the UK? If so, that could explain the problem.

Non EU spouses, civil partners and durable, long term partners of EU nationals are automatically entitled to take residency in any EU state. You are not subjected to the same restrictions and income requirements as UK nationals meaning you can turn up at any police station in Spain with your EU partner (conveniently Spanish!) and take residency, just like UK nationals did in those wonderful pre Brexit days.

PS. Why would you be contacting immigration? You just need to take residency in Spain.
Thank you - it does seem wrong on every level doesn’t it!

It’s the income levels we are struggling with as they won’t accept my income as I need to be there as a “dependant” if the EU citizen apparently. The advice we got is unless he earns 1400€ a month on his own, my residency would be rejected as he can’t support us (sufficient means?). I earn more than this remotely for UK company.

The consulate in the UK said the same as you did - turn up and get a residency permit from police station 🤷🏼‍♀️

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Old Jul 10th 2021, 11:46 am
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Default Re: Residency as EU family member

Originally Posted by Chipmonk View Post
Where did you all live before? You either have to be able to live as a family in UK or Spain. Children cannot be separated from parents on the basis of earnings. If you cannot support the family in UK you should receive benefits. If your husband cannot support you in Spain then you should petition on the basis of the rights of the children not to be separated from mother.
we have lived in the UK (I work as a midwife) and spent a year in Spain in 2018 (married for around 7 years now). Since 2018 we have been in the UK but due to extended family reasons we need to permanently relocate to Spain. We can provide with no help - my current salary is secure as remote position.

The lawyer said that if we had no children the salary requirements to show he can support the whole family would be lower. This is the only apparent issue with the residency application the lawyer can foresee.

I agree with your point about the right to not be separated from the children (who as Spanish nationals have the right to be there).
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Old Jul 10th 2021, 12:01 pm
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Default Re: Residency as EU family member

Originally Posted by LisaA23 View Post
Thank you - it does seem wrong on every level doesn’t it!

It’s the income levels we are struggling with as they won’t accept my income as I need to be there as a “dependant” if the EU citizen apparently. The advice we got is unless he earns 1400€ a month on his own, my residency would be rejected as he can’t support us (sufficient means?). I earn more than this remotely for UK company.

The consulate in the UK said the same as you did - turn up and get a residency permit from police station 🤷🏼‍♀️
Who is giving you this information, are they British lawyers?

There is no minimum income as such for EU nationals (you are a de facto EU national) and it certainly is not €1,500 per month, that is for third country nationals applying for non lucrative visas etc.

Just go to the police station in Spain with your husband and apply for residency.

I'm Irish but my partner is still British so I wrote to the EU to clarify our rights and they confirmed that non EU spouses/civil partners/established, durable partnerships have equal rights and are entitled to automatic EU residency (applied for in the member state not in the UK as is now the case for the British post Brexit) and are not restricted to the 90/180 days third country travel restrictions.

Are you in Spain now?
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Old Jul 10th 2021, 1:44 pm
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Default Re: Residency as EU family member

The only thing I can think of is if your husband has not got a contract (option 1) and is not an autonomo (option 2) then it's going to look like he's not working so he needs to show he's got savings (option 3).

Otherwise your lawyer is mistaken. It's not too difficult to apply yourself at a police station using guides on the internet.
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Old Jul 10th 2021, 6:32 pm
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Default Re: Residency as EU family member

Originally Posted by DLC View Post
The only thing I can think of is if your husband has not got a contract (option 1) and is not an autonomo (option 2) then it's going to look like he's not working so he needs to show he's got savings (option 3).

Otherwise your lawyer is mistaken. It's not too difficult to apply yourself at a police station using guides on the internet.
He is newly autónomo. Lawyer strongly advises about using this and said he needs to find a contracted job for over 1400€. We live on my salary so don’t rely on state/any benefits.

I appreciate all your knowledge and experience
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Old Jul 10th 2021, 6:35 pm
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Default Re: Residency as EU family member

Originally Posted by Lou71 View Post
Who is giving you this information, are they British lawyers?

There is no minimum income as such for EU nationals (you are a de facto EU national) and it certainly is not €1,500 per month, that is for third country nationals applying for non lucrative visas etc.

Just go to the police station in Spain with your husband and apply for residency.

I'm Irish but my partner is still British so I wrote to the EU to clarify our rights and they confirmed that non EU spouses/civil partners/established, durable partnerships have equal rights and are entitled to automatic EU residency (applied for in the member state not in the UK as is now the case for the British post Brexit) and are not restricted to the 90/180 days third country travel restrictions.

Are you in Spain now?
Yes we are in Spain now.

He is newly autónomo but not earning a lot or consistently- but my salary is a good one and works for us. Lawyer said under any circumstances do not use the autónomo as will be rejected without a strong history.
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