Living and Working in the E.U.

December 11, 2007 1:01 PM

Moving to the E.U.: I am an American getting married to an E.U. citizen (Spanish, if that helps) and after much discussion she'd like to stay in the E.U. and live there with me. I'm happy with that. I've even got a potential job offer. Help me with the logistics of how this happens.

The job I have lined up won't be able to offer me a work visa so I would have to get one through marriage. What are the timelines and documents for this? Do I have to do anything from the U.S. side of things or do I just sort of "disappear"?

I've tried to look for previous questions but most are about bringing a fiancee to the United States. Visajourney.com looks like a great site but is there an inverse to that site for moving to a foreign country? Any personal experiences would be greatly appreciated!

(anonymous because many people don't even know I'm getting married and this is not how I want them to find out)

posted by anonymous to travel & transportation (7 comments total)

You need to look into Spain's regulations for visas. Everything depends upon that.

They will probably issue you a residency visa and work permit based upon your marriage. To do this, you will probably have to fill out a bunch of paperwork demonstrating your personal connection to your wife-to-be and documenting your marriage. You'll probably have to send your passport to the Spanish embassy if you're in the US or their immigration department if you're in Spain. They will probably want to interview you and your wife-to-be to ensure that you actually know each other. After some time, they'll approve or reject your application. If you're in Spain you *might* have to leave in order to go through this process, depending on local regulations. God lucko!
posted by beerbajay at 1:33 PM on December 11, 2007

Where in the EU do the two of you plan on living? That's the real question. Is it in Spain, or somewhere else?
posted by different at 1:55 PM on December 11, 2007

I can't speak to what happens in the EU. All I know is that you never get to disappear from the IRS. Americans abroad have to file US tax returns for life. Consult an accountant versed with expatriate taxation issues before leaving the US. You will not be able to trade in your brokerage accounts from abroad and can only manage funds in your IRA. That means you may want to do things like roll over your 401k to an IRA, collapse your brokerage accounts, wire money from interest bearing accounts abroad to avoid tax withholding on interest, etc. before you leave. Gary Gauvin is a tax guy that deals with US/Canada issues. I don't know anybody that deals with US/EU issues.
posted by crazycanuck at 2:08 PM on December 11, 2007

As a citizen of an EU member state (note, there's no such thing as an 'EU citizen'), your future wife has the right to live and work anywhere in the EU (Link). Not guaranteed, but I believe you will too, although until you naturalise as a citizen of an EU state, you will likely need to enter and remain in the EU on the spousal visa scheme of whichever country you choose to make your home in. In the UK, you can work if you're the partner of a settled citizen.

Here's the Spanish Immigration website. Click top right for an English version.

Also, this site for Expats living in Spain will likely have some useful links and perhaps a few fellow Americans.

My wife is American, and has just gone through all this coming to the UK - drop me a MeFiMail if you need any more help.
posted by Happy Dave at 3:42 PM on December 11, 2007

You visit the Spanish embassy in the US (I'm assuming you're there right now?) to get this sorted. You'll end up with two passports, one US and one Spanish. That means at airports in the US and in Spain you get to choose whichever customs queue is shortest. As for your life in the US you just have to make sure everyone (banks, tax people) are notified that you are now living abroad. They will no doubt send you forms to fill in.
posted by gatchaman at 4:03 PM on December 11, 2007

Not guaranteed, but I believe you will too

It's a country-by-country matter when dealing with non-EU citizens, regardless of residency. While there's a general 'right of establishment' for spouses of EU citizens (explained here), it has to be proved in advance before you can enter.

You've not mentioned if your fiancée actually lives in Spain right now, or in another EU member state, though the implication is not. If, for instance, she's considered settled in the UK, you'd need a EEA Family Permit from the British mission covering your part of the US (or apply for it online). Other EU member states have their own regulations: Schengen visas for signatory states, along with local residency requirements.

Still, it's likely to be less hassle than the equivalent process in the US.
posted by holgate at 6:55 PM on December 11, 2007

That means at airports in the US and in Spain you get to choose whichever customs queue is shortest.

Not true, especially in the US. Length of time varies, but in most EU countries you need to be legally in the country with your spouse for a period of time (2 years in the UK) to get indefinite leave to remain/apply for naturalisation. You don't just 'get a passport'.

The United States does not recognise dual citizenship. That doesn't mean you can't hold a passport for another country, it just means it has no legal standing in the US. If you, as a US citizen, choose to enter the US on a foreign passport, and something happens (say, you get robbed), you're going to get asked lots of very hard questions about why you didn't enter on your US passport. IIRC, it's actually an offense. There's another thread around here about this.

Far and away the best sources for all of this information are the immigration bureaus of both the country you are moving to, and the country you are leaving. Everything else is just hearsay. Sometimes useful hearsay, but hearsay nonetheless.
posted by Happy Dave at 9:23 AM on December 12, 2007