I am a non-EU national married to a Spanish citizen and I hold a national visa for Germany. I am applying for a Tarjeta de familiar ciudadano de la union
in Spain. I would like to know if this card gives me work authorization in Spain and if I can start working as soon as my application is accepted?
2 Answers
Based on the Ministerio del Interior text below, after the application of the Tarjeta de familiar ciudadano de la union a certificate of registration will immediately issued
- therefore you should already have authorization to work in Spain
Note:
As apposed to some other European Union countries, it seems that EU-Citizens in Spain are required to register in the Central Registry of Foreigners when staying longer than 3 months.
Also, all persons in Spain (Spanish, an EU national, or a foreigner living or holidaying in the country) are required to carry state-issued photo ID on your person at all times.
Article 4 (1) of Organic Law 4/2000
Defines that Foreign nationals in Spanish territory have the right and the obligation to
- possess documentation which accredits their identity
- as well as that which accredits their situation in Spain
Note: Translation from Spanish with Google Translate
RESIDENCE HIGHER THREE MONTHS
Citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area and of Switzerland have the right to reside in Spanish territory for a period exceeding three months if they are in any of the following cases:
...d. They are family members who accompany or will meet with a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area or of Switzerland that meets the conditions contemplated in any of the above cases. The relative may be: In the case of a student's relative, his or her spouse or registered partner or the children of the student and his or her spouse or dependent partner.
In all other cases, the spouse or de facto registered partner, their direct descendants and those of their spouse or partner under 21 years of age or incapable or over that age living in their care, and their direct ascendants or those of their spouse or of the registered couple living in their care.
Those interested will be obliged to apply personally before the Foreigners Office of the province where they intend to remain or fix their residence or, failing that, before the corresponding Police Station, their registration in the Central Registry of Foreigners.
The application must be submitted within three months from the date of entry into Spain, being immediately issued a certificate of registration stating the name, nationality and domicile of the registered person, his identity number of foreigner, and the date of registration.
Article 4. (of Organic Law 4/2000)
1. Foreign nationals in Spanish territory have the right and the obligation to possess documentation which accredits their identity, issued by the competent authorities of their native countries or places of origin, as well as that which accredits their situation in Spain.
2. They may not be deprived of their documentation, except in those cases and with the requirements provided in this Organic Law and in Organic Law 1/1992, of 21 February, on the Protection of Citizen Security.
Identification (Travel advice Ireland)
Under Spanish law, you must carry state-issued photo ID on your person at all times. This law applies equally to both residents and non-residents. Failure to produce satisfactory identification when requested by the Spanish police forces (Civil Guard, National/ Regional/ Local Police) can result in being detained at a police station until your identity is confirmed. Ignoring direct requests or challenging a police officer may be viewed as 'disobedience', which is a criminal offence.
Note:
Many sites use the same statement referring to this Spanish law
- but none (that I found) state which law it is
Sources:
Spain has opted to extend the rights granted by the EU freedom of movement directive to the family members of Spanish citizens. Under the directive, you have the right to work in Spain as long as you are living there with your spouse. You don't even need the card. But you probably need the card for administrative reasons to show employers or potential employers that you have the right to work. I am also unfamiliar with the details of Spanish law on this question. But it is clear that once you have the card you certainly have the right to work.
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The Spanish law Article 4 of Organic Law 4/2000: means that everyone in Spain must carry government issued ID at all times, regardless of whether we are Spanish, an EU national, or a foreigner living or holidaying in the country. So can either get the card that proves your right to stay in Spain or carry your passport and all documents that prove that you are married to an EU-Citizen (when not in Spanish a translated version) to show when asked for by law enforcement officers (Policia Nacional, Guardia Civil, Policia Local etc). Getting the card is easier and safer. Dec 23, 2019 at 16:42
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Please add a source that confirms under Spanish law that: You don't even need the card Dec 23, 2019 at 16:50