# Australian looking to work in Spain...



## gemondos (Apr 28, 2011)

Hi there,
I am Australian and my Scottish husband (we got married last year) and I are currently living and studying in Salamanca in Spain. We are absolutely loving it, and have another 2 months of classes here left. Although we are married, I am currently on a 2 year youth mobility visa for the UK, and am in Spain on a Schengen visa. We really want to move to Spain next year and live and work here. Obviously this is no problem for my husband whose British passport entitles him to work anywhere in the EU, but is no good for me. Has anyone else dealt with a similar situation? I believe that if I, as an Australian, want to get a work visa for Spain I need to be sponsored, but I can't find a clear answer on whether, as the spouse of an EU passport holder, I can apply for a work visa. I will be on 'indefinite leave to remain in the UK' for two years after my Youth Mobility visa ends, and any tips or advice would be greatly appreciated.
Thanks!


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## gus-lopez (Jan 4, 2010)

Hi, & welcome to the forum.
My understanding is that if you have the 'indefinite leave to remain ' stamp in the Uk then this applies to all EU member countries. This would mean that if you can work in the UK, you can work anywhere in the EU. There will be others ,far more knowledgeable than I , along later to confirm or deny this.


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## Joppa (Sep 7, 2009)

gemondos said:


> Hi there,
> I am Australian and my Scottish husband (we got married last year) and I are currently living and studying in Salamanca in Spain. We are absolutely loving it, and have another 2 months of classes here left. Although we are married, I am currently on a 2 year youth mobility visa for the UK, and am in Spain on a Schengen visa. We really want to move to Spain next year and live and work here. Obviously this is no problem for my husband whose British passport entitles him to work anywhere in the EU, but is no good for me. Has anyone else dealt with a similar situation? I believe that if I, as an Australian, want to get a work visa for Spain I need to be sponsored, but I can't find a clear answer on whether, as the spouse of an EU passport holder, I can apply for a work visa. I will be on 'indefinite leave to remain in the UK' for two years after my Youth Mobility visa ends, and any tips or advice would be greatly appreciated.
> Thanks!


To start with, you won't be on indefinite leave to remain after 2 years in UK, as any time you spend on Youth Mobility Scheme visa doesn't count towards settlement. You can only start earning time towards settlement by first getting a spouse visa for UK and live with your husband for 2 years, when you can apply for ILR. Another way to live in UK is to take advantage of Surinder Singh judgement and to live with your husband in Spain, while he works. Then after 6 months you apply for EEA Family Permit and enter UK under the European rules. You will have to apply for a biometric residence permit, which is a proof of your permitted stay in UK, up to 5 years. After that you can become a permanent resident.

To live next year in Spain, you must apply for an EU family member residence card within 3 months of arrival. It's best to leave Schengen at the end of your studies and then re-enter before applying for your card, to avoid any misunderstanding about your intentions. You will have the right to work.


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## Joppa (Sep 7, 2009)

gus-lopez said:


> Hi, & welcome to the forum.
> My understanding is that if you have the 'indefinite leave to remain ' stamp in the Uk then this applies to all EU member countries. This would mean that if you can work in the UK, you can work anywhere in the EU. There will be others ,far more knowledgeable than I , along later to confirm or deny this.


UK, together with Ireland and Denmark, have opted out of this provision (Directive 2003/109/EC), so ILR status in UK doesn't transfer itself to Spain, and vice versa.


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## gemondos (Apr 28, 2011)

Thanks very much for taking the time to reply, guys. We are going to look into the Surinder Singh precedent, otherwise I guess we'll just have to wait a few years!


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