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Visa for Non EU Spouse

Last activity 18 March 2019 by buralioldum

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velja

Hello, I need a bit help on this topic and I cant seem to find any lawyer in Murcia area (any recommendations are more than welcome).
I've came to Spain several months ago, so in the meantime my Schengen Visa has expired. I got married here (my gf is Spanish citizen - it took them 3 months to process documents and allow wedding). My wife is unemployed, but I am registered freelancer (autonomo) in my country.
Could anyone please tell me what documents exactly we need for me to get residency, and how long does it usually takes because I need to leave Spain as soon as possible to sort some things - which i currently cant without risking a penalty.
Any help is appreciated

velja

Does anyone has any info please?

Ringstrom

You need immigration advice, it must be a lawyer there or on line that can advice you, if you are married already !! Or you may be able to ask for extend visa while they sort out your matter. Contact your embassy for advice, they may be able to tell you what you need to do. In my experience most countries want a person on visa to go back to their country  & apply from there. Good luck

velja

Last lawyer made my wife cry because of their stupidity, so I am really looking for recommendations.
I have contacted Spanish Embassy, it doesnt go like that. I have to apply from Spain. Thanks tho!

Ringstrom

Hi again,
Canary Law Firm in Murcia speaks English & you get a free consultation
Phone 93 488 09 72

pazcat

You shouldn't need a lawyer at all for this, if your wife is Spanish then taker her along to the oficina de extranjeros and they shall explain all the steps to you.

http://www.consultor.com/oue/

claxnes

I agree with pazcat. I am non-EU (US) married to a Spanish national. My wife obtained my visa and NIE through reagrupacion familiar.  Read the following:

http://extranjeros.mitramiss.gob.es/es/ … iliar.html

Select the first bullet and read the conditions. One is to not br jn Spain illegally so you may need to leave and come back in.


This second url takes you directly to the same site:


http://extranjeros.mitramiss.gob.es/es/ … index.html

Carl

sherri

Hello! The process is easy just take time to get your residency if married to a Spanish citizen. We didnt use a lawyer and had no problem. The documents we provided was my birth certificate, marriage certificate, nie, employment letter, proof of health insurance(private and or public), all pages of my passport, my husband DNI and our rental agreement. I feel like I am forgetting something. Also take original and copies. The link provided by someone earlier will  give you the form you need to fill out and all the requirements.

Johncar

Just to avoid misunderstanding.   
Quote.  I[i] agree with pazcat. I am non-EU (US) married to a Spanish national. My wife obtained my visa and NIE through reagrupacion familiar[/]

That should read, RESIDENCIA not NIE.  Anyone,  EU or non EU,  can apply for an NIE.   To live in spain a non EU national requires a RESIDENCIA

sherri

Let me correct myself I was issued my NIE well before I had my residency. Our bank here required it for me to be on the bank account.
Secondly I applied for a tarjeta de residencia de familiar de ciudadano de la UE (ex-19) not  residencia temporal por reagrupaćion familiar(ex-02). 
Not sure which one would work best for you.

Johncar

As I said anyone can apply for an NIE. it is only a fiscal ID number

If one one has an NIE when they apply forRESIDENCIA ( sometimes referred to as a TIE) or EU Registration then that number will be the number shown on the new card or cert.  If they do not have an NIE then the number on the residencia or cert will be their NIE (fiscal ID number)

claxnes

As per Johncar's comment, I stand (actually I am sitting down) corrected. I believe that I obtained my NIE, when I first came to Spain, cerca 1995, as a graduate student. At that time, I had a laminated paper id. Later on, I worked for the Spanish government with a Ramon y Cajal contract or fellowship, and I may have been a resident then. At some point, I returned to the USA and let my TIE expire. When it was reissued, I was married and the re-issue was through reagrupacion familiar.

claxnes

Also, agree with Pazcat. My last TIE renewal imigration had me jumping through a lot of hoops. For example, they wouldn't accept the libro de familia, wanted copies of the original  marriage certificate, that had previously been presented for my TIE. I finally had my wife go with me to immigration. They may have been "poniendo pegas" because of the possibility of divorce or a marriage of convenience. That solved the problem.

Johncar

The first time my wife (Filipino) renewed her residence we had to prove we were still married   That created a problem because whilst we could have proved we had divorced, had we done so, proving stilled married was strictly speaking impossible.   Eventually on oath I told the British consul that were still married.   For a fee he produced a document which said I had told him we were.    Of course in a legal sense that is not proof

The next time she renewed In was straightforward without any problems

LegalEagle

On oath, a fantasy belief, see the life of Brian.

BehrouG

That's strange John... typically a recent marriage certificate is enough proof that you are still married because if you're officially and legally divorced it would have to be registered in the same jurisdiction where you got married and a marriage certificate can no longer be issued. 

That's what they asked us for during our residency application and there were no issues with it.  We just had to get the Hague apostle on the document since we got married in Iceland.

Johncar

In U.K. one does not have a marriage certificate cancelled if they get divorced.    Thus it could be produced even though they were later divorced

So whilst one can prove they got married at sometime they cannot PROVE they are still married.  There is no official document in U.K. law for that

One can prove they got divorced with the court document but that record is only held by the magistrates court where it was issued. There is no central record unlike births, death and marriages

BehrouG

Wow, thanks for the answer John and good to learn new things.

Considering that we had a major issue (clerical error not related to us) with the rest of our residency, I guess we got lucky at least with this aspect of it.  ;)

velastin

Hello. I could send you the name of a good solicitor that specialises in this cases. Please email me on ***I am a UK citizen with a non-EU spouse and we used this solicitor to get a residence permit (it is not a visa) for my wife.

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buralioldum

Hello, I am now in the same situation. I came To Spain but my husband is a student now and I have applied for EX-19 which is tarjeta de residencia de familiar de ciudadano de la union. We don’t hope that they will give me because of the economic reasons. How did you solve this problem?

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