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Discussion Starter #1
I'm British, going to come to live in Spain in December, with my 2 British passport holding kids. I've got a Bolivian wife. We currently reside in Ecuador.

The embassy here, said due to covid, they'd grant my wife an emergency visa to travel with us, which is a miracle.

The question is this:

I believe that if my wife is _in_ spain, and I have a TIE residency card, that she can then get residency.

As I understand it, I may not be eligible to get my TIE card for 3 months, and then with processing it could take a few months more; so it's entirely possible I won't have it, until her visa expires.

What would happen if she ends up at the end of her visa period? Could she still get the residency if she's in the country; but has overstayed her visa at that point?

Not trying to save on air travel here, my motivation is simple : Bolivian's have such a crappy time getting visas, their passport is a step up from toilet paper in most of the world. The fact that the Spanish Embassy in Ecuador is showig clemency is somewhat a miracle and I'd wager that she'd get that again, and might get stuck outside the country for a whole year, or until we can persuade them to give her a tourist visa (which is really unlikely).
 

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Another thing to note (for the future) is that since your wife is a citizen of an Iberoamerican state, she can apply for Spanish citizenship (and can become dual national) after only 2 years' residence, together with her children (presumably they are Bolivian nationals too?) Then, if you prefer, you can apply a year after that, but will have to renounce British citizenship.
 

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Discussion Starter #3
Another thing to note (for the future) is that since your wife is a citizen of an Iberoamerican state, she can apply for Spanish citizenship (and can become dual national) after only 2 years' residence, together with her children (presumably they are Bolivian nationals too?) Then, if you prefer, you can apply a year after that, but will have to renounce British citizenship.

wow. did not know that. thanks for sharing..

got any advice about the original question though? can she get the residency from my TIE, if she's the country after her visa expires? Assuming no; but don't ask - don't get :)
 

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I am not an expert on Spanish immigration law, but I think she will have to extend her visa first, as she must first be in Spain legally at the time of applying for residency as family member of a British citizen. I suggest you make an enquiry with a Spanish immigration lawyer, who is used to dealing with South American nationals.
 

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You will need marriage certificate, and if you were married outside UK, you will need to have it translated (if not in Spanish) and apostilled, which can take some time with some countries. The same with your children's birth certificates.
 

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Similar situation. I have joint UK/USA nationality, but used UK when applying for my residence, and had a similar issue for my wife, who is non EU (USA, originally Filipina). When we arrived last year she got a 90 day visa on arrival. After some panicking a few days before the 90 days were up, we got in touch with a very good gestor in Malaga, who immediately got her an appointment for almost 3 months later with the authorities in Malaga. This appointment was all she needed to continue being legally in Spain. We then had to provide an authenticated and translated copy of our marriage certificate, and evidence (a few photos etc. over the years) that it was a bona fide marriage. After about 3 different appointments for different aspects, last month she received her 5 year TIE. Covid did cause a lengthy delay in issuing the actual card. I have also applied for my TIE.
 

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My granddaughter, UK citizen, is arriving shortly from South Africa to apply for residence ( we have just obtained ours) She is married to a South African citizen who will require a Schengen visa in advance to join her next year, so a little more complicated . Will he be able to apply for residence as her spouse? It would have been so much easier last year, but we are where we are!!
 

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My granddaughter, UK citizen, is arriving shortly from South Africa to apply for residence ( we have just obtained ours) She is married to a South African citizen who will require a Schengen visa in advance to join her next year, so a little more complicated . Will he be able to apply for residence as her spouse? It would have been so much easier last year, but we are where we are!!
The granting of the visa isn't automatic, though he can certainly apply, which must be done within 90 days of his arrival. He'll be applying as spouse of an EU citizen, assuming your daughter registers before the end of this year.

They'll have to fulfill income & healthcare requirements.
 
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