Relocating to another EU country and child passport

Hello,

Thank you for a excellent forum. I'd like some preliminary advice on the situation below and was hoping you could provide som insight.

Bagground:

• Wife - First to arrive in Spain in 2004. Indian passport.
• Wife - Residencia larga Duracion with Autoriza a trabajar
• Cousin - Married wife in 2006, came to Spain in 2010. Indian passport.
• Cousin - Renovacion Temp. Reagrup. Fam with Autoriza a trabajar
• Child - Born in Spain in 2011. Indian passport(But perhaps he can get a Spanish since he was born in Spain)?
• Child - Residencia larga Duracion with NO Autoriza a trabajar

Firstly, according to my cousin it's more or less impossible for them to get a Spanish passport. Partly due to the wife not having worked too much in Spain, and since my cousin ism what I assume a dependent he wont be able to get it on his own isolated from the wife? They haven't been full time employees for long periods of time in Spain.

Questions:

1. If they want to relocate to another EU country can they? I seem to have read there needs to be a special EC written behind the residency permit?
2. If they can relocate, is Denmark possible? From reading on the forums it seems that Denmark and UK are the EU countries they can't move too? But Sweden would be possible?
3. If they relocate to another country, will they have to start "over" with the 5 year residency?
4. In theory, could they work in say Denmark or Sweden, and still keep their papers going in Spain?
5. Will the child be able to get a Spanish passport since he was born in Spain, and the parents had legal residency there?
6. If the child gets a passport, does that have any influence on the parents?
7. What is the difference between Renovacion Temp. Reagrup. Fam and Duration de Larga(Permanant?)

Copy of their residency cards Attachment 12

Hello Singh,



Your cousin´s child can apply for his Spanish Nationality without a problem as he was born in Spain and has been a resident for more than one year now.

Your cousin´s wife can also apply for her Spanish Passport based on 10 years legal residency, if she holds legal residency since 2004. As long as she has been registered at the Employment office while been unemployed and can prove she has been actively looking for a job, she can still apply for her Spanish Nationality. Your cousin will still need to wait until 2020 to apply for the Spanish Nationality.

Now, in response to your questions:

1) If they want to relocate to another EU country can they? I seem to have read there needs to be a special EC written behind the residency permit? There are various immigrating routes for each case in every EU country. For residents from other EU countries, there are specific routes, less strict than for ordinary non EU nationals. Also, for Long stay residence card EU holders, the routes are easier, but they still have to go through a residence permit application process; residency is not grated automatically.

2) If they can relocate, is Denmark possible? From reading on the forums it seems that Denmark and UK are the EU countries they can't move too? But Sweden would be possible? You can find the answer reading about the Schengen area. The main problem is UK.

3) If they relocate to another country, will they have to start "over" with the 5 year residency? They need to check each country´s Immigration Law.

4) In theory, could they work in say Denmark or Sweden, and still keep their papers going in Spain? Their residency status can be cancelled if they are away from Spain for more than 2 years.

5) Will the child be able to get a Spanish passport since he was born in Spain, and the parents had legal residency there? Yes, as I mention it above.

6) If the child gets a passport, does that have any influence on the parents? It would if his parents did not hold a residence status, but they have it already. As an EU citizen, the child won’t have problems to relocate in another EU country, and this may help his parents opt for a residence permit there, but as I am unaware of other EU countries ‘ Immigration Law I cannot confirm what is the procedure.

7) What is the difference between Renovacion Temp. Reagrup. Fam and Duration de Larga(Permanent )? The renewal comes from temporary stays ( 1 year – 2 years -2 years ), and then after completing these 5 years, you apply for the Larga Duracion card, for which you are eligible after 5 years of legal residency, and that card grants a permanent right to residence though the card itself has to be renewed every 5 years.

Regards,