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Repost: NON-EU FAMILY MEMBER OF EU CITIZEN NEEDS WORK VISA?

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cheskafrencis

Hello everybody! I hope someone here will help my situation. I am a non-EU family member of an EU citizen legally residing in my husband's home country (Romania). We both plan to go to Spain and work for a seasonal job. My question is, can I work in Spain given that I am a family member of an EU citizen without a Work Visa? Can I get my Foreigner's Identity Number (NIE) without a Work Visa?
If anyone has an answer please respond to this post. It will be much appreciated!

Thank you!

gaparen

Did you get a response to this already? I would suggest you contact the Spanish authority as rules here vary a lot. However, i am married to a Spanish citizen so when i got my NIE i was told i couldn´t work in other EU countries with this NIE i would have to get a work visa. So perhaps this rule applies the other way too but please check
All the best

Johncar

To clarify

An NIE  is a Numero de  Identificafion

It is not permiso de residencia,   permission to reside in an EU Country

daniandclaudia

Hey!
I am not sure if this is the same, but my mom is a UK resident (still EU for now) and my dad (non-EU) can most definitely live here and has access to a NIE, which essentially allows him to apply for all necessary paperwork to work legally. It is a pain and you might want to try and figure as much out as possible before you come (difficult because many offices are useless online), but I think it should be okay.
Best of luck

Johncar

a non eu spouse of a person legally resident in spain can usually obtain PERMISO DE RESIDENCIA for them to join their spouse

That does not mean that a U.K. citizen (not living in spain) who has the right to apply for EU citizen registration has the right to bring their spouse to spain.   If they apply to reside and it is approved, they can then probably get permission for their non eu spouse to join them


NOTE anyone can apply for an NIE but that confers no rights whatsoever of abode in spain and has no connection with them obtaining permiso de residencia

A person who legally resides in spain either as an eu citizen or a non eu citizen will have an NIE, as that is the number which will appear on their eu registration (green paper) or on their plasticised photo residencia, as appropriate

PapaLima

A couple of points of clarification.

A "NIE" is simply a NUMBER... it stands for Numero Identidad Extranjero.

Often, people refer to the physical card or paper that foreigners (extranjeros) get as the "NIE", but that's incorrect. This card (known as a tarjeta residencia, TIE, or other nicknames) or paper has the NIE printed on it, but the NIE itself is the number, not the card.

The NIE is actually just an idenficiation number that's used for a variety of things, and does not (by itself) give you the right to reside or work.

Non-EU family members of EU citizens DO have the right to live and work in Spain. Depending on the nationality of the non-EU family member, they might have to get a visa to initially enter Spain, but once they are in Spain they have a right to live and work.

Information on this topic can be found on the EU's web site at

In particular, notice the "family residence rights" under this page:

The most important quote on this page is this:

During their stay in your new country, your non-EU spouse, children and grandchildren should be treated as nationals, notably regarding access to employment, pay and benefits facilitating access to work and enrolment in schools.

This means that once your (non-EU) family member has joined you (assuming you are an EU citizen) in Spain, they are entitled to be treated as though they, too, are an EU citizen.

There are still formalities to be observed regarding the residency card and so forth, but their right to reside and work are guaranteed by the EU, so you can move to Spain without needing to get a work visa ahead of time.

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