Question
EU Family Card question: My spouse is Central American, and I am European. We are currently living in the US, and our marriage is registered here as well as in Italy.
However, because ours is a same-sex marriage, it is not registered in his country. We would both be entering Spain together. There seems to be mixed information about what is necessary to enter Spain with the intent to live there.
Can we enter Spain with the 90-day permit he would get due to his nationality? Additionally, what kind of documentation or proof of intention will we need to present at customs upon arrival?
Answers
These are the answers of Spainguru’s Facebook group members:
“Hi your spouse will need a community family resident card.”
“He will not need a visa. I meant a resident card.”
“I am married to a Spaniard and I thought I need something in order to stay longer than 90 days.”
“You do. It just isn’t called a visa. You will need a TIE (residence card).”
“You can obtain Spanish residency as an EU citizen and he can “piggy-back” off yours and get five-years as the spouse of an EU citizen. Please note it’s more than just “EX-**” forms, each residency application takes careful preparation and application but is still fairly straightforward as opposed to Visas.
You’ll need to show about €15.000 (normally less but I like to aim high to avoid issues) in savings and/or income for a married couple in a Spanish bank account and have private health insurance, amongst other docs. I highly doubt the bored Spanish border guards will bother you too much upon entering.”
“You can just go. He doesn’t need a visa. You’ll have your EU marriage certificate and register the two of you with that. Easy.”
“It’s simple… 1. Get on a plane. 2. On arrival, nothing remarkable will happen. If the border guard engages you in conversation, just answer each question with total honesty. Once in Spain… 3. You register using form ex18 4. He requests a TIE card (residence card) using form ex19. You mention ’90 days’. That does not apply to him for as long as you are traveling together. Under EU rules, where you go, he goes. The detail will vary depending on your financial status and whether you will be working or not. For example, if you are not working you will need private medical insurance.”
“If you have a European passport, and you become resident here in Spain.. your residency carries your partners application for residency.. if your marriage certificate is registered in a EU country, then it has to be apostilled and sworn translated to Spanish. This certificate and apostille can be no older than 3 months, when you apply for his legalization.”
Conclusion
For non-EU spouses of EU citizens moving to Spain, the process involves obtaining a TIE card rather than a traditional visa. The EU citizen can register for residency using their European documentation, and their spouse can piggy-back on this status to secure a residence card.
Key documents include a valid EU marriage certificate and proof of financial stability. It’s advisable to prepare thoroughly and ensure all paperwork is up-to-date to streamline the residency application process upon arrival.
