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Ask A. Valcke Your Own Question

A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 731
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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I am a Thai national married to British citizen. We lived in

Customer Question

I am a Thai national married to British citizen. We lived in Spain for two years, my Schegan visa expired and we returned to UK and i was issued with six month visa. We would now like to return to Spain permanently. What visa would i need or can i go as spouse of EU citizen to spain and apply for visa once in spain. As i only have a six month visa in UK am i classed as a resident here. Wht visa form do i need to return to spain.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 2 years ago.
Hello,


Thank you for your question.


Before I can confirm the situation for you, I need to know whether you'll be able to derive rights under EU law.


Please could you confirm that your husband will be working or studying in Spain? If will not work or study, will he have a regular income to live off in Spain? Do you wish to work?


I look forward to your response.

Customer: replied 2 years ago.

Hello,

 

My husband was self employed when we were in Spain, so will be going back to his self-employment.

 

I will not be working as we have a two young sons I look after who are both british.

 

Please can you let me knw as a matter f urgency as we want to return straight away if i could go with my husband to Spain who will accompany me as his wife even though i only have a multi visa stamp on my passport.

 

Thank you.

Expert:  A. Valcke replied 2 years ago.
I am a little confused about the information you have given me.


First you told me your Schengen visa is expired but you hold a UK entry visa.


Now you just said that you have a "multi visa stamp" - please could you confirm which country this covers?


I look forward to your response.

Customer: replied 2 years ago.

 

Hi,

 

I have a six month visa for the UK only which expires in December. However, we would like to return to Spain but do not know how to do this as a Schegen visa is only for short term and we want long term stay in Spain.

 

Thank you

Expert:  A. Valcke replied 2 years ago.
Thank you for clarifying your visa situation.


As the spouse of a British citizen who is going to be working as a self-employed person in Spain, you have a right to reside there with him.


First in order to get to Spain, you'll need to apply for a short-term Schengen visa to be able to return to Spain. You'll need to get it from the Spanish embassy in London. They may try to claim you should get one in Thailand, but you should insist this is your right as the family member of an EU citizen.


Once in Spain, your husband and you will need to register with the local authorities. You'll find a list of the local immigration offices throughout Spain here:
http://www.mir.es/SGACAVT/extranje/directorio.html


Your husband will be issued with a registration certificate(“certificado de registro” in Spanish).


You will need to apply for a residence card (“tarjeta de residencia de familiar de un ciudadano de la Unión”). This should be issued within 6 months of you applying for it and should be valid for 5 years.


I hope this answers your question.

Customer: replied 2 years ago.

 

Hi, Thanks for your response.

 

My only concern is that a Schegen visa is for temporary stay only (less then 3 months) I want to stay there indefinitely. I do not want the embassy to think i am lying and saying going there short term - what if they ask when will i return to the UK.

 

If i am able to switch from a schegen visa to a residence visa then it is fine but will i be able to do that.

I want to know for sure if schegen visa is the correct visa as like i said that it for short stay only.

 

Please advise. Thank you.

Expert:  A. Valcke replied 2 years ago.
Hello,


I have just identified before what the procedure is:


1. you get a Schengen visa to travel in Spain, and


2. you apply for a residence card once you are in Spain.


The Spanish authorities are obliged to issue you a residence card since your husband will be living with you and he will be working.


Your application can only be refused if you present a risk to public order or public security or public health, which I understand is not the case.


These are the procedures under EU Directive 2044/38 as implemented by Spanish Royal Decree of 2007.


If you want further official confirmation of this in writing, I would suggest you contact Your Europe Advice. I can send you their details if you wish.


I hope this answers your questions.

Expert:  A. Valcke replied 2 years ago.
Hello,


I hope I have answered your question.


If so, I would be grateful if you could click accept.


I thank you in advance.

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