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I'm Italian living in Spain. I have an NIE. My wife (she is Argentinean) came here and we tried to get her NIE (she gets a "permiso de residencia de familiar de ciudadano de la UE" which is a permission because she is an EU citizen's relative) but one document was missing. Now we have presented that document but the NIE process is not over yet. Her 90-day visa as an Argentinean has expired and we have flight tickets to Berlin, Germany on December 22.

Most probably the NIE will still be in process on that date, so is it safe to do the travel or should we cancel it?

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As your wife, she enjoys freedom of movement under EU law whenever she travels with you or to join you. This right is not dependent on her having any documentation beyond a valid passport. You should bring a copy of your marriage certificate to prove your relationship if you are challenged by any police or other government authorities.

The airline may have additional documentation requirements, which you should check, but since you have not said which airline it is, we can't help you with that.

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  • Thanks for your quick response. I was not aware of this. Is there somewhere where I can look? Like a law or something that tells that? The airline is Ryanair, I'll check for additional documentation but we have all (marriage certificate, passports, etc) edit: And thanks for the edition on the answer :D
    – Martin Palmieri
    Nov 28, 2017 at 13:42
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    @MartinPalmieri: The relevant law is Directive 2004/38/EC. Ryanair is unfortunately infamous for requiring visas and other official documentation from non-EEA travelers beyond anything anyone who is not a Ryanair spokesperson can see that the law obliges them to, even for Schengen-internal flights, so you're probably out of luck there.
    – hmakholm left over Monica
    Nov 28, 2017 at 13:46
  • @MartinPalmieri I've added a link to the directive. Unfortunately, Ryanair is notorious for having strict documentation requirements.
    – phoog
    Nov 28, 2017 at 13:47
  • @HenningMakholm fortunately, Argentinean citizens are visa exempt in Schengen. I don't know whether Ryanair checks passport stamp dates, however.
    – phoog
    Nov 28, 2017 at 13:53
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    @phoog great. Thank you very much for your response. I'm checking in the Schengen Borders Code and I think that, if Ryanair does not demand anything weird, we will be OK. Also: is possible to vote the comments too? I'm not finding how to do it :/
    – Martin Palmieri
    Nov 28, 2017 at 14:41

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