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Non EU nationals becoming residents in Spain

21K views 86 replies 14 participants last post by  baldilocks 
#1 ·
An article in In Madrid free newspaper states that non EU nationals can become Spanish residents if they prove they are living with a Spanish partner???
Is this true anybody know? Is it new/ old news? Is it likely to continue?
Here's a link to the article. It's on page 11 of the virtual magazine and it's called "To love, cherish and stay"
InMadrid, Madrid's No.1 English Publication
 
G
#2 ·
I just did the residency paperwork and seem to remember that you've at least got to be registered as a pareja de hecho.


Here's the required form: http://extranjeros.mtin.es/es/Model...icitudes2/19-Tarjeta_familiar_comunitario.pdf
(Look under #5 and you'll see it says "pareja registrada.")

I imagine one would have to have an interview and "defend" their relationship, answering detailed personal questions ("What type of cologne does your partner use?" etc.) It sure won't be as easy as it sounds.
 
#3 · (Edited)
Yes you have to register
No there isn't an interview, at least according to the article, so not like the film green card...

And I quote

"The process was shockingly simple, especially when bureauocracy here never is"
 
G
#9 · (Edited)
It's the same for any non-EU national spouse of a EU citizen (be they Spanish, British, German, etc.)

This information was current in November 2011.
The information sheet is: http://extranjeros.mtin.es/es/InformacionInteres/InformacionProcedimientos/documentos2/103.pdf

The application form is: http://extranjeros.mtin.es/es/Model...icitudes2/19-Tarjeta_familiar_comunitario.pdf

Briefly translating the required documents, you must bring:

1. The application and a copy (always bring at least two copies of all this documentation to be safe!)
2. The original passport and a copy of your entire passport.
3. A recent (issued within the last 3 months) copy of your marriage certificate or certificate of being a civil partnership and copy.
4. The original and a copy of the EU-citizen spouse's documentation (If Spanish, their DNI)
5. Three recent photographs "tamaño carné"

* While it's not listed on the info sheet they asked us for an empadronamiento indicating that we had been living together at least one year.

** If any of the documents (save the passport) are in a foreign language, they need to be legalized (Apostille of the Hague or, if the country is not a signer, other legalization) and translated into Spanish.




Check and see if you can get an appointment online at: https://sede.mpt.gob.es/icpplus/citar
If not, you need to go to the office and wait in line. In Bilbao, this is at least a two day process. The first day you wait in line for them to give you an appointment (No, they don't tend to let you choose what day your appointment is). Then, you go back for your appointment and submit your documents. They'll inform you by phone or letter when you need to come back to complete the process, be it for an interview or simply taking your finger prints and paying the fee.

I have an American acquaintance in Madrid who just got married and wasn't able to get an appointment any earlier than November 2012. The wait time will all depend on where you are and how busy the offices are.

The non-EU national must apply for this documentation or at least an appointment within three months of arriving in Spain (or getting married).
 
#11 ·
It's the same for any non-EU national spouse of a EU citizen (be they Spanish, British, German, etc.)

This information was current in November 2011.
The information sheet is: http://extranjeros.mtin.es/es/InformacionInteres/InformacionProcedimientos/documentos2/103.pdf

The application form is: http://extranjeros.mtin.es/es/Model...icitudes2/19-Tarjeta_familiar_comunitario.pdf

Briefly translating the required documents, you must bring:

1. The application and a copy (always bring at least two copies of all this documentation to be safe!)
2. The original passport and a copy of your entire passport.
3. A recent (issued within the last 3 months) copy of your marriage certificate or certificate of being a civil partnership and copy.
4. The original and a copy of the EU-citizen spouse's documentation (If Spanish, their DNI)
5. Three recent photographs "tamaño carné"

* While it's not listed on the info sheet they asked us for an empadronamiento indicating that we had been living together at least one year.

** If any of the documents (save the passport) are in a foreign language, they need to be legalized (Apostille of the Hague or, if the country is not a signer, other legalization) and translated into Spanish.




Check and see if you can get an appointment online at: https://sede.mpt.gob.es/icpplus/citar
If not, you need to go to the office and wait in line. In Bilbao, this is at least a two day process. The first day you wait in line for them to give you an appointment (No, they don't tend to let you choose what day your appointment is). Then, you go back for your appointment and submit your documents. They'll inform you by phone or letter when you need to come back to complete the process, be it for an interview or simply taking your finger prints and paying the fee.

I have an American acquaintance in Madrid who just got married and wasn't able to get an appointment any earlier than November 2012. The wait time will all depend on where you are and how busy the offices are.

The non-EU national must apply for this documentation or at least an appointment within three months of arriving in Spain (or getting married).
I think this procedure has always been clear, if long and annoying to say the least!
The information that some people might not have known was that living with a Spanish national, and having that officially recognised, was a way towards getting a 5 year residency visa for a non EU national. And if you have that you can work legally wherever you want (or can might be more appropriate).Also, it seems that this is a fairly simple and quick procedure and that is what has surprised some of us.
What you have to do to become an official couple (pareja de hecho) is outlined in the article in post one.
 
#12 ·
I recently went through the process of becoming a "pareja de hecho" with my Spanish girlfriend in Madrid. It was unbelievably simple by Spanish standards.

Let me tell you that not all town halls in Spain will require the same of you, so what's officially required may depend on where you try your luck. By going through the town hall in Rivas, Madrid, which has its own requirements and criteria, I was able to begin the process of application for residency in mid-September and picked up my NIE card on December 5th, though this is exceptionally fast as my girlfriend knows someone in the immigration department where they process your documents. Without that connection we probably would have been waiting until June. There was no interview or any suspicious questions.

My tourist visa had expired months before we even realized (through sheer luck by talking to a friend with a foreign partner) that this process was possible, as we were originally going to get married, but the various documents, stamps and translations required were a veritable pain in the rear, so we were putting it off. It was actually a close call at a bus station one night where the police asked for everyone's papers who was next to me (from South America), but not for mine as I'm European that prompted us to bite the bullet and I'm definitely glad we discovered this easy way to get my residency.

Take advantage of this process because who knows how long it'll last.
 
#30 ·
I am American married to a Brit.
Well, I'm an American married to a non-EU citizen. My initial residency expired last summer, and Extranjeros wouldn't allow me to apply for a new card until the old one expired. That is, if the card expired on Aug. 8, the application could not be submitted until Aug. 9. (This was different from when I was living in another EU country where they encourage you to apply in advance so that you are continuously carrying a valid card.)

My husband had made a phone inquiry for me, since he's a native Spanish speaker, and as I recall Extranjeros would not even schedule the appointment until about a month before the residency expired. More than a month in advance was "too early" to be bothering them. I suppose that may vary depending on the office you're dealing with and the time of year.

After I applied for the new card, it wasn't ready for about a month. I wanted to travel out of country during that time, but without a valid card I had to apply for a re-entry permit, which took another 10 days or so to receive.

Hope that helps!
 
#16 ·
Grimace;693985 On the other hand there are inspectors out there looking for people who have used the same system of false [I said:
empadronamiento[/I] to get their kids into certain schools, so it's not all live and let live. It's just when something gets a little too exploited they start to clamp down on it.
Yes, I think that's it.
 
#17 ·
You're right. I was going to say that, but I forgot by the time I'd actually written the post.
Here's the thread

Night everyone! Will be woken up at 6:00 by OH bashing round getting off to work :(
Thanks a lot guys, I do live with my girlfriend who has a UK passport however we are not married. After reading the link you provided it looks like you need to be married or am I mistaken?
In Canada we have something called Common Law for 2 people who live together but I don't know if that exists in the EU or Spain.

Thanks
 
#19 ·
Sorry I read a little too quickly I see in one fo the posts it says: "A recent (issued within the last 3 months) copy of your marriage certificate or certificate of being a civil partnership and copy. "

How do you prove a civil partnership in spain? Also what does my girlfriend need to do as she's not actually from Spain but from the UK.

Thanks again
 
#20 ·
Sorry I read a little too quickly I see in one fo the posts it says: "A recent (issued within the last 3 months) copy of your marriage certificate or certificate of being a civil partnership and copy. "

How do you prove a civil partnership in spain? Also what does my girlfriend need to do as she's not actually from Spain but from the UK.

Thanks
 
#22 ·
you go back to the oficina de extranjeros & re-apply..........are you a non-EU national? I'm not sure how complicated or straightforward a process that would be :confused2:
 
#26 ·
Sorry, the link is no longer valid. You need to go here and
Issuu - inmadrid's Profile
click on the December issue. It's page 11 and the article there is called to "love, cherish and to stay". That's where you have the info about what you need to register as a "pareja de hecho", a civil partnership

Can the mods change post one????
 
#29 ·
This would be a clear case that could take advantage of the Civil Partnership register you mentioned last month, especially since OP's OH is a UK citizen. That could give OP a "ticket" to work.
Does the "pareja de hecho" route allow the non-EU partner to work legally? Or does it establish legal residence only?
 
#38 · (Edited)
Spain vs. US - leave or stay

The non-EU national must apply for this documentation or at least an appointment within three months of arriving in Spain (or getting married).
I'm currently in Spain. My tourist visa runs out at the end of March. If I apply for this documentation now here in Spain and we just get married here in Spain instead of the US in April like planned, will this extend my visa or will I still need to leave for 3 month before I can return?
 
#39 ·
I'm currently in Spain. My tourist visa runs out at the end of March. If I apply for this documentation now here in Spain and we just get married here in Spain instead of the US in April like planned, will this extend my visa or will I still need to leave for 3 month before I can return?
I think it would take longer than that to arrange the marriage - the paperwork is horrendous


you'd be better getting married in the US as planned & then coming back imo - April is only a few weeks away
 
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#42 ·
are you or your partner a UK citizen? (or other EU)

a UK citizen has the right to live & work in Spain, and an non-EU spouse or civil partner of an UK citizen does too - but has to apply for residency as such & will then have the same rights



actually finding work would be a different matter...........
 
#43 ·
xabiachica said:
are you or your partner a UK citizen? (or other EU)

a UK citizen has the right to live & work in Spain, and an non-EU spouse or civil partner of an UK citizen does too - but has to apply for residency as such & will then have the same rights

actually finding work would be a different matter...........
Yep my girlfriend has a British passport.
 
#44 ·
xabiachica said:
are you or your partner a UK citizen? (or other EU)

a UK citizen has the right to live & work in Spain, and an non-EU spouse or civil partner of an UK citizen does too - but has to apply for residency as such & will then have the same rights

actually finding work would be a different matter...........
I have the paper work for my British gf to sponsor me to move to the UK and it all seems very straight forward. One question, we are applying from Canada, does anyone know how long we have to live in the UK before we can both travel to Spain to live and work?
 
#45 ·
it's two separate issues

having permission to live & work in the UK has no bearing on any rights you may have in Spain - nor vice versa


you could move to Spain tomorrow & start the process here, as long as you fulfil Spain's requirements
 
#46 ·
xabiachica said:
it's two separate issues

having permission to live & work in the UK has no bearing on any rights you may have in Spain - nor vice versa

you could move to Spain tomorrow & start the process here, as long as you fulfil Spain's requirements
Do you have any more info on Spain's requirements? Or how we register our partnership there. The UK website has all the forms and is very easy but Spain is very difficult.
 
#50 ·
xabiachica said:
I'll say it again

registering in Spain has NOTHING to do with the UK

you have to be able to prove the relationship to the satisfaction of the Spanish authorites

to register as parejas de hecho & get a 'certificate of civil partnership' in Spain - yes, you can get it in Spain - I believe you need to prove that you have been living together for whatever the required period is - it doesn't matter where

can you not register as civil partners in Canada, since you live there?
Thanks very much, I'll look into that.
 
#55 ·
Pesky Wesky said:
Right, but getting official regonition from Canada, whilst not doing any harm won't necessarily help the paperwork to be done here. (??)

Of course, as you say, there seems to be little point doing all of this if there's no job in sight.
Was it this poster who said he was a teacher of some sort? If so, recruiting for all types of school is going on now for 2012 - 2013. Perhaps for the following year?
Are you saying having proof from Canada isnt necessary because it's needs to be from an EU country? Or I don't need proof at all for the paper work?
 
#57 ·
xabiachica said:
you need proof that you have been living together - but afaik it doesn't matter WHERE you have been living
Well we finally made it to Barcelona. I have the 1 year youth mobility visa and was able to easily get my NIE card. We also signed a 1 year lease for an apt. We being my British girlfriend and myself, a Canadian.

My girlfriend is having issues getting her NIE, apparently she either needs a work contract or proof of finances and health ins. This is new as of Sept 2012. She is looking for a job but with the economy as it is, she is not expecting this to happen quickly if at all. She has proof of finances but had her purse stolen recently and no longer has proof of insurance. For that she needs to go back to England and its a bit of a pain in itself.

Ok, to the point, after our year here should we wish to stay, we want to apply for the pareja de hecho. I know above it says this is possible for any EU citizen but everything else I read says civil partnership with a spanish resident, which my girlfriend is not. Is it true any EU citizen qualifies?

Also, does my girlfriend need to get her NIE? Is that what makes her a resident?

Our plan was for her to search for a job first and if that doesnt work out then plan b would be to go back to England to get her S1 card or whatever they call their health insurance card. Or is it better to get the health card now and get her the NIE card and register as pareja de hecho as soon as possible?

We also have proof we lived together in Canada as well.

Thanks in advance.
 
#58 ·
NIE isnt the same as the residencia. She'll have been given a temporary NIE that will be valid for three months. To get her residencia she must show that she can support herself and that she has healthcare cover. She has three months to do that. Can you not prove that you have enough money for both of you?????

Jo xxx
 
#59 ·
jojo said:
NIE isnt the same as the residencia. She'll have been given a temporary NIE that will be valid for three months. To get her residencia she must show that she can support herself and that she has healthcare cover. She has three months to do that. Can you not prove that you have enough money for both of you?????

Jo xxx
Yes the finances is not a problem its that her British health card was stolen.
 
#65 ·
Hi all,
Although moving to Spain with a non-EU partner seems simple in principle, in reality it seems very bureaucratic. I have some Qs as my family and I are hoping to move to Spain and we have a UK Civil Partnership. We registered it at the UK embassy in Hanoi, Vietnam. My partner is Thai and we have been together in Bangkok for the past 3 and a half years. We now have twin daughters :)

A) which visa would my partner need to apply for from the Spanish embassy here to gain entry?
B ) Is the CP accepted in Spain for the purposes of free movement of family members (I will really shocked if not)?
C) do I have to apply for a copy from the GRO in the UK with a recent date? therefore presenting my original CP cert and a recent duplicate AND a translated apostiled version (3x documents) plus twom copies of each?
D) For the translation into Spanish and legalisation, would we need to send it to the UK?
Thank you for your help!
 
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