Tarjeta de Residencia Permanente de Familiar de Ciudadano de la UE/RegimenCommuitario

[Unregistered]

Dear Patricia,

I am writing to you regarding the Regimen Communitario Permanent card, I would be grateful to have your advice.

I currently have Tarjeta de residencia de Larga Duracion because I am living in Spain with my family for more then 5 years (Regupuracion Familiar). Now my father has got Spanish nationality. But unfortunately due to the reason that I passed the minimum age to opt the Spanish nationality with my father, I have been categorised as not eligible to apply for the Spanish nationality por Opicion. Hence, I am being told that since my father is a Spanish citizen now, I have the option to apply for the Tarjeta de Residencia Permanente de Familiar de Ciudadano de la UE/Regimen Commuitario, and I would be granted this card for 10 years (Permanente).

My question is,

1. What advantages would i have being the holder of this card ? ( I already have the Permanent residence status (Larga Duracion) with my current card, How this new card will make any difference?)

2. Being the holder of this new card, would I have any privilege or something (e.g working in another EU member states or something) ?

3. What are the conditions thats I might loose this new card/status If I get it ? ( e.g. I was reading on the ministry website something like, If e.g. in case that my father moves to another EU member state, would it effect my card status or something? )

4. Would you recommend me to apply for this card or shall I keep my current residence card. As either way I already have the Permanent residence status )

I appreciate your help and support. Thank you for your time.

Kind Regards,
Nicole

[Patricia]

Hello Nicole,

The main advantage of that card is that the regimen - regulations - to be applied are under EU rules and not General; this means that whenever you travel to other countries or wish to apply for a residence permit in another EU country, you will go via a different route than the ordinary foreigner that wishes to apply for a work and residence permit. Initially, the process would be quicker and easier, and your relatives not holding EU nationality would also be taking advantage from it; for instance if you married to a non EU citizen.

If you can meet the requirements, I recommend you to shift to the Tarjeta de Residencia Permanente de Familiar de Ciudadano de la UE/Regimen Comunitario.

If your father moved to another country, this would not have any effect as you would still be the relative of an EU citizen.

Regards,

[Unregistered]

Dear Patricia,

Thank you for the reply.

Regarding Spanish nationality, Would I have any advantage being the holder of this card When I apply for Spanish nationality later on ? OR e.g. Would the residence requirement of 10 years be reduced for me ?

And Generally, e.g. Would I be able to visit UK on vacations without applying for a Visa with this card (As UK is not a part of Schengen) ?

Furthermore, Does the Spanish Govt. has any plans to change the nationality law in upcoming years ? or to reduce the residence requirement for at least the holders of Regimen Communitario or anything like that ?

Hope you had a good weekend.

Kind Regards,
Nicole

[Patricia]

Hello Nicole,

I am afraid that the 10 years residency requirement cannot be reduced in your case based on the fact that you hold a regimen comunitario residence card. The only way you can reduce those years would be by getting married to an Spanish citizen.

I believe you still have to apply for a visa to visit the UK even if you hold a regimen comunitario residence card, but it is something I recommend you to check with the UKBA. It basically depends on your nationality.

As far as I am concerned the Spanish government has not got any plans or projects to reduce the residency requirements regarding Nationality eligibility.

Regards,

[Unregistered]

Hello Patricia,

Thank you for the reply.

Is it possible for me to apply for the Tarjeta de Residencia Permanente Regimen Communitario - UE (As with the Large Duracion-UE, I would be able to work in the whole EU). What are the requirements to apply for the "UE" category?

Best Regards,
Nicole

[Patricia]

Hello Nicole,

You are eligible for the permanent residence card for relatives of EU citizens and not the ordinary Long Stay residence card EU ( that is under Regimen General ) . Your Permanent residence card as the relative of an EU citizen ( Regimen Comunitario ) will offer you the possibility to apply for a residence permit via a simpler and quicker route than via general routes.

Anyhow the fact of having a permanent residence card from a EU country does not mean you will be able to get a residence permit automatically in another EU country; you will still have to go through an application process.

Please feel free to email me if you wish to receive detailed information about the requirements in your specific case.

Regards,