Visa confusion regarding married partner.

Last activity 17 July 2018 by Johncar

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WyvanMember28 July 2017 22:06:40

Hi everyone,

I fell in love with a Canadian man two years ago. Today we are married and trying to find a place to live, together, which hasn't been that easy. I'm originally Swedish and things weren't really thought through to say the least. After a year spent on various locations, from Canada to Thailand to Bali, we finally have our eyes set on Spain.

We came here about three months ago and after reading up on NIE I thought I had it all planned out. I would get mine, he would get his and then we would live here happily ever after. When I got to the immigration office, a lot more documents were required than I read online. According to the last officer we met even a rental contract is needed. It has taken me forever to get all the documents sorted and especially since I need documents shipped to Las Palmas from Sweden.

Now our 3 months are up and everything is super confusing. We talked to an officer about a possible visa extension, but he told us that a visa extension will set a date when he has to leave Spain. Then he said that it's OK for my husband to overstay his VISA if I have my NIE, since we're married, if it's only a week or so. I keep reading different things and I don't know if it's best if we leave ASAP and come back in 3 months to restart the process, or if we should stay and really try to get all this NIE fixed before it's too late.

We really want to live in Spain so I wouldn't want to do anything to mess it up. (We are also covered by private health care in Spain for a year if it makes any difference.) If anyone knows anything about this subject, please help us out. Thanks. ☺️

JohncarSpain expert29 July 2017 11:21:34

1412

wyvan. I think you are confusing NIE which is just an I.D. number for foreigners with EU Citizen Registration (often thorough completely incorrectly referred to as resdencia). The latter is the requirement for an EU Citizen to be able to live permanently in Spain.

If one is a resident in Spain then their non EU spouse can apply for RESIDENCIA.
Once the non EU spouse has started the application process for RESIDENCIA the fact that their visa expires in not a problem.

That process is not very complicated.

WyvanMember29 July 2017 12:07:42

Thank you for the response. I understand, but what if the EU spouse hasn't started the application during the 90 days he's allowed to be in the Schengen area? The problem right now is the fact that he's overstaying his VISA.

JohncarSpain expert29 July 2017 13:22:29

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Wyvan but what if the EU spouse hasn't started the application during the 90 days he's allowed to be in the Schengen area?

I do not fully understand that, but if the EU spouse is not an official resident in Spain then I do see how their non EU spouse can start an application to live ‘with their spouse’ in Spain.

If the EU spouse is legally resident then the Non EU spouse should start the application ASAP, if that is possible. Otherwise, they will have to leave Spain and apply for a new visa from outside Spain to be allowed to enter Spain and start the application. .

JohncarSpain expert17 July 2018 14:46:03

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The court finding is here

https://www.google.co.uk/amp/s/europa.e … amp_en.htm

Thei EU law days that all citizens must be treated equally thus you must be allowed tovone to spain with your spouse

You should be able to confirmation here and get a personalised answer specific to you

https://europa.eu/european-union/contact/write-to-us_en

Ps I took my wife to UK She did so with her residencia and Filipino passport EasyJet took a bit of convincing but eventually alowed us to fly. Entry to U.K. was without any problems

JohncarSpain expert17 July 2018 15:21:39

1412

Ask any questions you have at

https://europa.eu/european-union/contact/write-to-us_en

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