1. Introduction: Living in Spain with an Irish Spouse
If your husband holds an Irish passport, which grants him European Union (EU) citizenship, he has the right to live and work freely in Spain under EU freedom of movement laws. As his non-EU spouse, you also have the right to live in Spain, but you may need to follow specific steps to secure residency as a family member of an EU citizen. This guide explains the requirements, residency options, application process, and benefits of living in Spain with an Irish spouse.
2. Rights of Family Members of EU Citizens
Under EU freedom of movement, non-EU family members of EU citizens, like spouses, have the right to accompany or join their EU spouse in any EU country, including Spain. This allows you to:
- Live in Spain: Non-EU spouses can live in Spain as long as they meet certain requirements.
- Work and Study: With a residence permit, you’ll have the same work and study rights as Spanish residents.
- Access Healthcare and Social Services: Residency allows access to healthcare and certain social services in Spain.
3. Residency Options for Non-EU Spouses of EU Citizens
To live in Spain, you’ll need to apply for a Family Member of EU Citizen Residence Card (Tarjeta de Residencia de Familiar de Ciudadano de la Unión), which allows non-EU family members of EU citizens to reside in Spain legally.
Key Benefits of the Family Member Residence Card:
- Valid for five years, with the option to apply for permanent residency afterward.
- Allows freedom to work or study in Spain.
- Grants access to Spanish healthcare and social services.
4. Eligibility Requirements
To qualify for residency as a non-EU spouse of an Irish (EU) citizen in Spain, you must meet these requirements:
- Proof of Marriage: Valid marriage certificate to verify your relationship.
- Proof of EU Citizenship: Your husband’s Irish passport to confirm his EU citizenship.
- Proof of Income or Sufficient Financial Means: Evidence that you and your spouse can financially support yourselves without relying on Spanish welfare benefits. This may include bank statements or proof of employment.
- Proof of Residence: Confirmation that your husband intends to reside in Spain, such as a rental agreement or utility bill in his name.
5. Step-by-Step Process to Obtain a Residence Card in Spain
Here’s a step-by-step guide to apply for your Family Member Residence Card:
Step 1: Enter Spain on a Short-Term Visa (if Required)
If your country of origin requires a visa to enter Spain, you’ll need to enter on a short-term Schengen visa. Citizens of some countries may enter visa-free and apply for residency directly.
Step 2: Gather Required Documents
Prepare these essential documents for your application:
- Passport: Valid passport with copies of the photo page.
- Marriage Certificate: Apostilled and translated into Spanish (if necessary).
- Irish Passport of EU Spouse: Copy of your husband’s Irish passport.
- Proof of Financial Means: Bank statements, employment contracts, or proof of pension.
- Proof of Spanish Address: Rental contract, utility bill, or similar.
Step 3: Apply for an NIE Number
The NIE (Número de Identidad de Extranjero) is an identification number for foreigners in Spain, required for many administrative processes. Visit the local Oficina de Extranjería or police station to apply.
Step 4: Submit Your Application for Residency
Visit the Oficina de Extranjería or local police station to submit your application for the Family Member Residence Card. Make sure to bring all required documents.
Step 5: Attend Biometrics Appointment
During your appointment, you’ll provide biometric data (fingerprints and photographs) for your residence card. You’ll be given a resguardo, a receipt confirming that your application is in process.
Step 6: Collect Your Residence Card
Once your application is approved, you’ll be notified to collect your Family Member Residence Card, typically valid for five years.
6. Working and Studying in Spain with the Family Member Residence Card
With your Family Member Residence Card, you will enjoy the same rights as EU citizens to work and study in Spain. This includes:
- Employment: You can seek employment with any company in Spain without needing a separate work permit.
- Self-Employment: The card allows you to start a business or work as a freelancer in Spain.
- Study: You can enroll in educational institutions and access various training programs and courses.
7. Access to Healthcare in Spain
As a resident of Spain, you are eligible to access Spain’s public healthcare system. You can apply for a Tarjeta Sanitaria Individual (TSI), a healthcare card that allows access to the Spanish healthcare network. Additionally, private healthcare options are available for those who prefer it.
8. Path to Permanent Residency and Citizenship
After holding a Family Member Residence Card for five years, you can apply for permanent residency in Spain. Permanent residency grants you similar rights to Spanish citizens, including the ability to work, study, and live indefinitely.
After 10 years of legal residence, you may also be eligible to apply for Spanish citizenship, provided you meet the necessary requirements.
9. Frequently Asked Questions
Can I live in Spain with my Irish husband without a visa?
Yes, as a non-EU spouse of an EU citizen (Irish passport holder), you can live in Spain, but you’ll need to apply for a Family Member Residence Card to establish your legal residency.
Do I need to renew my Family Member Residence Card?
The initial card is valid for five years, after which you can renew it or apply for permanent residency.
Can I work in Spain with the Family Member Residence Card?
Yes, the Family Member Residence Card grants you full work rights in Spain, allowing both employment and self-employment.
How long does it take to get the Family Member Residence Card?
Processing times can vary by location but generally take 2 to 4 months. You may receive a temporary residence certificate while awaiting the final card.
Is Spanish citizenship possible through marriage?
Yes, you can apply for Spanish citizenship after 10 years of continuous legal residency in Spain, with specific requirements to be met.
10. Conclusion
If your husband holds an Irish passport, moving to Spain together is a feasible option, thanks to EU freedom of movement laws. By applying for a Family Member Residence Card, you’ll gain residency rights, allowing you to live, work, and study in Spain with your spouse. With the added benefits of Spain’s healthcare system and a pathway to permanent residency and citizenship, living in Spain with an Irish spouse is a great opportunity for non-EU family members to experience all that the country has to offer.