# Non EU Spouse refusal entry to Spain



## TednBear (Nov 29, 2012)

Hi there, has anyone come across a non EU spouse being refused entry back into Spain with an EU wife.

I am an EU citizen, my husband is U.S. I have my residency card in Spain and his is in the process of being confirmed, but takes longer due to more requirements being asked for than originally requested by them. This can take anything from 10 days to 3 months to process. Unfortunately due to a medical emergency, we have to leave in a few weeks to go to the States for a week. On asking authorities and border security for a letter or extension to his already expired visa (by 2 weeks now) to come back into EU, they have said categorically no, :nono: and also we shouldn't need a visa to come back in since he is my husband. BUT since we will be entering through Germany they really don't know how that will be viewed as its a grey area. All this is pretty unhelpful. Three different answers. They don't give extensions unless you have a residency card. Even though we have the paperwork processing they won´t hurry anything up as everything is mañana as we know. :blah:

My question is, has anyone come across a similar situation on returning thru a Schengen country (either with a medical issue or not). Are the borders as strict as one would expect or does he have a right as spouse of an EU citizen for him to have to be given entry.

Cheers Teddy


----------



## Aron (Apr 30, 2013)

TednBear said:


> Hi there, has anyone come across a non EU spouse being refused entry back into Spain with an EU wife.
> 
> I am an EU citizen, my husband is U.S. I have my residency card in Spain and his is in the process of being confirmed, but takes longer due to more requirements being asked for than originally requested by them. This can take anything from 10 days to 3 months to process. Unfortunately due to a medical emergency, we have to leave in a few weeks to go to the States for a week. On asking authorities and border security for a letter or extension to his already expired visa (by 2 weeks now) to come back into EU, they have said categorically no, :nono: and also we shouldn't need a visa to come back in since he is my husband. BUT since we will be entering through Germany they really don't know how that will be viewed as its a grey area. All this is pretty unhelpful. Three different answers. They don't give extensions unless you have a residency card. Even though we have the paperwork processing they won´t hurry anything up as everything is mañana as we know. :blah:
> 
> ...


Are you from an EU country. If you are then you are are citizen of a member state within the EU. However, are you a foreign national who has gained Citizenship within a member state. Furthermore, why did your husband need a visa in the first place. If he needed a visa, then was granted one, he must stick to the rules of that visa, he must leave before the visa expires. Failure to do that can lead to complications.
Borders are strict these days, even more so in the USA!


----------



## xabiaxica (Jun 23, 2009)

Aron said:


> Are you from an EU country. If you are then you are are citizen of a member state within the EU. However, are you a foreign national who has gained Citizenship within a member state. Furthermore, why did your husband need a visa in the first place. If he needed a visa, then was granted one, he must stick to the rules of cthat visa, he must leave before the visa expires. Failure to do that can lead to complications.
> Borders are strict these days, even more so in the USA!


Er no not really. Once a non EU citizen applies for residency in these circumstances they are entitled to stay until it is granted or otherwise. 
I'm not sure about leaving and re-entering. I suspect you can't


----------



## gus-lopez (Jan 4, 2010)

Aron said:


> Are you from an EU country. If you are then you are are citizen of a member state within the EU. However, are you a foreign national who has gained Citizenship within a member state. Furthermore, why did your husband need a visa in the first place. If he needed a visa, then was granted one, he must stick to the rules of that visa, he must leave before the visa expires. Failure to do that can lead to complications.
> Borders are strict these days, even more so in the USA!


Most non-EU residency card applications take so long that the visa expires & it isn't a problem unless you find yourselves needing to leave before you have obtained it. 
If you come back in through Germany is that a problem ? Or does he need something from Spain to show in Germany ? 

Regardless of whether the OP is an EU citizen or has been granted citizenship , the fact is that the spouse has automatic right to a residency card & they shouldn't be dragging it out like they do with everything.


----------



## TednBear (Nov 29, 2012)

Hmmm, hi Aron, Gus and xabiachica,
Three different answers..... thanks for the replies. 
Aron, I am an EU citizen with an EU passport with residency card already. I am not the issue... My husband wasn't given a Visa no. Its in processing to being given and in Spain you have to have the visa confirmed before the 90 days except as xabiachica says it takes forever. Foreign office has already dictated that to us on 3 visits. 
xabiachica, correct, we are not in any danger of being thrown out, the foreign office said its fine since our papers are in processing, so all good and we have another 90 days with that and are entitled to stay. They don't see a problem with it, only if we leave and try to come back from overseas do they see we may have an issue, but they don't know and didn't really care, problem is we have to with the medical issue we need doing. 
Gus - Being the problem yes, we MUST leave for this medical issue.
My question is about coming back into the Schengen country, Germany in this instance. From what I have read also, no-one that is non EU has automatic right.

What I have found on researching for hours today though is the link to Article 21 of the Treaty on the Functioning of the EU and Freedom of Movement in EU....specifying the answer I needed.... YAY !! This is just some of the exerts below, as there are masses of points which are very good.

4. FAMILY MEMBERS OF EU/EEA13 CITIZENS 
Under Article 21 of the Treaty on the Functioning of the European Union14, every EU citizen has the right to move and reside freely within the territory of the EU Member States, subject to the limitations and conditions laid down in the Treaty and by the measures adopted to give it effect. These limitations and conditions are set out in Directive 2004/38/EC15 on the rights of citizens of the Union and their family members to move freely within the territory of the (EU) Member States. This Handbook contains a specific chapter (Part III) covering the particular rules applying to visa applicants who are family members of EU/EEA.

_¨*3.1.2 However, if a person enjoying the Community right of free movement does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned must, before turning him/her back, give such person every reasonable opportunity to obtain the necessary documents or have them brought to him/her within a reasonable period of time or corroborate or prove by other means that he/she is covered by the right of free movement. 
3.1.3 As a consequence, checks on persons enjoying the Community right of free movement should be limited, as a general rule, to the verification of their identity and nationality /family ties (so-called “minimum check”, see above point 1.4). No questions concerning the purpose of travel, travel plans, employment certificate, pay slips, bank statements, accommodation, means of subsistence or other personal data should therefore be asked to them*_

We will print and take all the info we have with us and push the point as best we can, see how it goes.... there is too much info to put on here, but the site is very good....has the Border Guards Handbook.... funny !! It says also about border guards not being allowed to ask about what money you have, why you are in the country etc....amazing actually, especially since the U.S. GRILLS EVERYONE on that.
Thanks heaps for your comments.

https://eumovement.wordpress.com/other-schengen/

Teddy


----------



## TednBear (Nov 29, 2012)

Actually Gus, your questions sorry.... coming back through Germany may or may not be a problem, we just don't know....coming into the EU was via Germany but foreign office cant tell us.
We went to border security here in Spain and they never give extensions or permits to anyone who hasn't got a residency card already, even for medical. Then they said, it probably doesn't matter anyway.... as its a grey area..... bizarre !!! thanks heaps !! I´m sure we will get there no problem !!!


----------



## gus-lopez (Jan 4, 2010)

What I was thinking is that if you can enter Germany without any problem then travel back to Spain by road as there are no border crossings etc.


----------



## TednBear (Nov 29, 2012)

gus-lopez said:


> What I was thinking is that if you can enter Germany without any problem then travel back to Spain by road as there are no border crossings etc.


If Germany is not a problem, then Spain wont be either. it doesn't matter if you are entering through Germany, Holland or any other Schengen country......... flying or driving.... Spain isn't actually the problem, from what the foreign office said my husband is fine because his paperwork is processing. They just don't know how other Schengen countries will view the expired status. 

Hey thanks a lot though....nice chatting !!! once we get back I will post what happened....


----------

