# Newbie and eu treaty



## Thaicat (Dec 21, 2013)

Hello people,

I apologise in advance, I know many people may have asked before.

I have spent so much time trolling around the pages and trying to look up 3 or 4 different types of laws and rules I thought I should just ask.

Hola, I am looking to move to France or Spain in around 7 months time, I would like to exercise my eu treaty rights and am marrying a USA national and I am from the UK..It is a same sex marriage.

My questions are, although I do have some contacts in Spain, I need information from people who have traveled to spain to enter their non EEA spouses.

I am also looking at where I can find work, I spoke fluent spanish until 16 and have never used it since so rusty is an understatement..I would need classes again.

I am aware from all my Spanish friends work is hard to come by, I will graduate as a psyche in June from university and marry my USA mrs before either returning to the UK or to an EU country.

Can anybody help?
Gracias amigos


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## xabiaxica (Jun 23, 2009)

Thaicat said:


> Hello people,
> 
> I apologise in advance, I know many people may have asked before.
> 
> ...


your marriage would be recognised here in Spain - that's the good news


you can enter Spain together - your OH would need a Schengen visa to enter

once here, you would need to register as resident - to do so you have to prove that you can financially support yourself & that you have healthcare provision

once you are registered your OH can then apply for residency as your spouse



getting work would probably be the hardest part - & unless you are able to support yourselves financially without a job here, it's not going to be easy


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## zenkarma (Feb 15, 2013)

Thaicat said:


> ...I am from the UK..


What does this mean?

You've put on your profile that you are 'originally from the USA and expat in the UK'.

Are you a British Citizen, holding a British passport?


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## Aron (Apr 30, 2013)

Getting a job in the present economic climate will be more than difficult. If you are lucky enough to find one, you may find the wages to be well below what most people in the UK or USA would call the minimum wage. There are qualified university graduates that I know in my family that have no work, and they were born in Spain!
A few years down the road, who knows, perhaps the economy will turn around and you could try then, it's a great country, but only if you can afford it!


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## whitenoiz (Sep 18, 2012)

According to El Pais and other Spanish news sources, graduates from Spanish Universities are leaving Spain 'in droves' for the simple reason that there is no work for them and these are people who have Spanish as their first language. Go into virtually any West End of London or or major city centre pub or restaurant and you will find these same graduates working as bartenders and waiters waitresses who are normally paid at the UK minimum wage. 
In a few words, unless you have a guaranteed job offer, Spain and the Mediterranean countries within the EU should be avoided.


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## Guest (Dec 28, 2013)

zenkarma said:


> What does this mean?
> 
> You've put on your profile that you are 'originally from the USA and expat in the UK'.
> 
> Are you a British Citizen, holding a British passport?


 They are British living in the USA trying to bring an American spouse into the UK via the European route.


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## gus-lopez (Jan 4, 2010)

whitenoiz said:


> According to El Pais and other Spanish news sources, graduates from Spanish Universities are leaving Spain 'in droves' for the simple reason that there is no work for them and these are people who have Spanish as their first language. Go into virtually any West End of London or or major city centre pub or restaurant and you will find these same graduates working as bartenders and waiters waitresses who are normally paid at the UK minimum wage.
> In a few words, unless you have a guaranteed job offer, Spain and the Mediterranean countries within the EU should be avoided.



I was reading about the birth rate in Spain in 2012 , last weekend. It said that of the 397.000 births only 10,000 were to Spanish nationals & it then pointed out that it will fall still further as they forecast that another 2,6 million young Spaniards will leave the country !! What they didn't say was over what period.

frightening.


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## BBCWatcher (Dec 28, 2012)

xabiachica said:


> you can enter Spain together - your OH would need a Schengen visa to enter


The spouse is a U.S. citizen and presumably therefore has Schengen visa waiver privileges. In that case no visa is required. Only legal entry is required for these treaty rights, and U.S. citizens (among a few others) can already do that on their own, absent a previous overstay and resulting individual suspension of visa waiver privileges.

That said, airlines and other transportation companies sometimes don't like to board visa waiver travelers with only one way tickets. One solution to that problem is a visa, but another solution is to buy a fully refundable return ticket if required at the airport.


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## xabiaxica (Jun 23, 2009)

BBCWatcher said:


> *The spouse is a U.S. citizen and presumably therefore has Schengen visa waiver privileges. In that case no visa is required.* Only legal entry is required for these treaty rights, and U.S. citizens (among a few others) can already do that on their own, absent a previous overstay and resulting individual suspension of visa waiver privileges.
> 
> That said, airlines and other transportation companies sometimes don't like to board visa waiver travelers with only one way tickets. One solution to that problem is a visa, but another solution is to buy a fully refundable return ticket if required at the airport.


darn I keep forgetting that!!


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## BBCWatcher (Dec 28, 2012)

You may have remembered the procedure for U.K. citizens bringing foreign spouses into the U.K. In that scenario a visa is required, even for spouses that would not ordinarily require visas for independent tourist visits. The U.K. has decided to treat its own citizens (and their non-EU spouses) in the U.K. more harshly than treaty rights provide. That's allowed. But if, for example, a Belgian (i.e. non-U.K. EU citizen) resident in the U.K. properly exercising his/her treaty rights wants to bring his/her non-EU spouse to the U.K., the treaty rules apply, not the stricter U.K. rules.

Which of course is silly, but the U.K. government sometimes shoots itself (and its citizens) in the foot when it comes to the EU.


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## xabiaxica (Jun 23, 2009)

BBCWatcher said:


> You may have remembered the procedure for U.K. citizens bringing foreign spouses into the U.K. In that scenario a visa is required, even for spouses that would not ordinarily require visas for independent tourist visits. The U.K. has decided to treat its own citizens (and their non-EU spouses) in the U.K. more harshly than treaty rights provide. That's allowed. But if, for example, a Belgian (i.e. non-U.K. EU citizen) resident in the U.K. properly exercising his/her treaty rights wants to bring his/her non-EU spouse to the U.K., the treaty rules apply, not the stricter U.K. rules.
> 
> Which of course is silly, but the U.K. government sometimes shoots itself (and its citizens) in the foot when it comes to the EU.


I know very little about UK citizens taking foreign spouses there - except that, as you say, it's easier (& has lower financial requirements) to take them to another EU country (eg Spain) and also for EU citizens (non-UK) to take their spouses to the UK


just doesn't make sense to me....


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## zenkarma (Feb 15, 2013)

BBCWatcher said:


> The spouse is a U.S. citizen and presumably therefore has Schengen visa waiver privileges. In that case no visa is required. Only legal entry is required for these treaty rights, and U.S. citizens (among a few others) can already do that on their own, absent a previous overstay and resulting individual suspension of visa waiver privileges.


But can only stay 90 days out of 180 days before re-entry into any country within the Schengen area on that visa waiver.


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## xabiaxica (Jun 23, 2009)

zenkarma said:


> But can only stay 90 days out of 180 days before re-entry into any country within the Schengen area on that visa waiver.


very true - although in the case of the OP, the non-EU spouse would be able to stay while the residency application is being processed


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## Thaicat (Dec 21, 2013)

zenkarma said:


> What does this mean?
> 
> You've put on your profile that you are 'originally from the USA and expat in the UK'.
> 
> Are you a British Citizen, holding a British passport?


Just a quick reply to that..Yes I am..British born and bred to Londoners..I was trying to reflect my mrs status..she's in and from the usa but as yet not in the uk. 

I am in the UK and have just had to move out of my London home to the London border to save money to move to an EU country. This is because even though I could save to meet the financial requirement, I use my extra income to see my mrs who is currently in the USA and I am in the UK.

This is becoming a big issue because like spain..brits are low breeders and immigration is high. I also doubt that this is down to millions of brits marrying outside the EU. So the problem remains that I am stuck with being a second rate citizen in my own country -while I watch non brits come and bring their families in droves to work with no requirements. I would never want to add to Spains problems myself having experienced this in London.

I myself lived with my Spanish graduate friend who came here for work..his main problem being his english is good but good enough for anything more than a shop job. A well to do firm would expect a well spoken fluent individual. 

You guys have been amazing, I am so very grateful at what information you have left me. I expected a frosty reception since overcrowding and lack of jobs has become a real issue everywhere. Though we won't go in to why!!

Thank you people!!


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## Calas felices (Nov 29, 2007)

Nothing to do with entry but "I was trying to reflect my mrs status..she's in and from the usa" is a heterosexual descriptor. What is the homosexual descriptor and why is one she and the other (presumably) not?


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## Guest (Dec 28, 2013)

Calas felices said:


> Nothing to do with entry but "I was trying to reflect my mrs status..she's in and from the usa" is a heterosexual descriptor. What is the homosexual descriptor and why is one she and the other (presumably) not?


You what? You really have me confused now! Where is anyone talking about sexuality, same ir same sex partners? Or did I miss it!


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## Thaicat (Dec 21, 2013)

Calas felices said:


> Nothing to do with entry but "I was trying to reflect my mrs status..she's in and from the usa" is a heterosexual descriptor. What is the homosexual descriptor and why is one she and the other (presumably) not?


I'd say the description has nothing to with sexuality. It is merely a description.

Ball and chain, er indoors..thee mrs. I can her that because she is like Prunella scales from Fawlty towers...


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