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Info for EU residents married to non EU citizens who want to live and work in Spain and are confused about visas.
Feb 16, 2008 · karen301081 · 45 replies · 27050 views
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Hi,
Well I am a british citizen married to a mexican. My family are living in Spain so we wanted to come and join them and for both of us to be able to work here legally. And for me also to have my baby here.
Everyone advised us to go to the Spanish embassy in Mexico and obtain an entry visa, unfortunately the embassy was not very helpful and they advised us to do everything in Spain.
So we arrived in Spain last week and went straight to an immigration lawyer my husband just arrived here on the normal 90 day tourist card. He did not require to obtain a visa prior to entering Spain. The lawyer said he needs to get the family community visa residence card, we had to give her our marrige certificate with apostille, my husbands birth certificate with apostille, certificate of penales, 2 passport photos, certificate of empadramiento which my father obtained in 2 mins at the ayuntamiento and a copy of our passports.
The lawyer told us my husband would NOT have to return to mexico for anything and the process normally takes 3 months, and it will be no problem. The lawyer has only charged 125EUROS which is resonable to do everything including obtaing my husbands NIE number, we only paid half until she has done everything.
Fingers crossed that it could be this easy and then he should have no problem working anywhere in Europe, so for those people who are stressing about visas from what I have investigated so far, its been easier doing things in Spain if the embassy in your country is not helpful at all.
Karen
Feb 17, 2008 · Dreamer
Hi Karen,
Thanks for the information. Please keep us posted on how it turns out.
Feb 17, 2008 · Stacey
Karen,
I found your post to be so helpful!
I am a US citizen (married to a EU citizen - Bulgarian) interested in relocating to Spain (and having my baby there, as well - due in July!).
We are currently in BG and I was wondering what we should do to get started from here, but after reading your email I won't be frustrated if we run into a dead end at the Spanish Embassy here.
I would love to know what part of Spain you're in? Also I'm very interested to know what kind of research you've done for Spanish hospitals / or home deliveries (which ever way you're going) if you don't mind?
I'm quite eager to hear how things turn out for you and your family. I may ask for a reference to your immigration lawyer, depending upon the outcome...AND depending upon where you live!
Biding my (limited) time in BG,
Stacey
Feb 17, 2008 · karen301081
Hi there,
We are living in Vera, Almeria (way down south). Im due in about 6 more weeks so I had a long trip getting here from Mexico.!
Im going to have my baby in a hospital here in a place called Huercal Overa, because I am british to get the free healthcare in my name I had to show my NHS medical card from England and it is no problem to set it up, but I have lost my card. So my mum has her social security because she is working here in Spain so she has put me as a dependant, I only had to take my birth cert and my NIE number to the social security office and I should have it all by next week. i found it difficult trying to find out info about private hospitals here and roughly how much they charge. So im not sure about that. The healthcare is really good here and now im trying to find out about if I am entitled to any child benefits.
Do you have papers in Bulgaria? are you working there?
My lawyer seems really good, I am just praying that everything goes smoothly. The lawyer will probably have an appointment with the foreigners office this week and then she will know for definete the timescales for my husband getting the visa and get confirmation of everything. I have heard that people have to return to their home country to get the visas so I hope that doesnt happen because in mexico they were very adament that they dont issue any visas there except student visas, they said the law had only changed recently.
So fingers crossed.
Let me know if you need any more info, I will definetly let you know how I get on.
Take care
Karen
Feb 19, 2008 · Stacey
Hi Karen,
Thanks for a speedy reply! I have done only limited research (internet / emails) on Spain, and only for a few weeks - but I heard about Acuario (it would be a bit of a drive for you, it seems) a private hospital in Alicante (
http://www.acuario.org/in/maternidad.asp)
And nearer to you, I found Da a Luz (midwives / birth center:
http://www.da-a-luz.co.uk/index.html ). Do you already know of either of these? Both? Care to share your opinions, if so? I am interested in a water birth - they don't offer in BG.
No, not yet on the papers, I am only on 90-day tourist status in Bulgaria, need to work that out before my time expires, apparently I'll need to leave the country and file from a BG consulate abroad. (Maybe during a trip to check out Spain?) And no I don't work here. I certainly hope I odn't have to return to the States, that would be pretty cumbersome with a toddler and being pregnant! Not to mention the costs.
I'm also interested in rental apartments and finding a neighborhood with a lot to offer a growing family (good library with books in English, ballet classes for my daughter - hopefully at least partially in English until she gets more Spanish vocab!, safe parks and/or places to stroll around, beautiful warm climate...near the Med, can't go wrong! Plus the mountains to the north, sounds spectacular, I'd like to be able to go to yoga/gym and at least sometimes speak to people in English - looking for a good mix with generous expat community I suppose!
One of my main concerns is smoking - has it been banned in public entirely yet, as it has in Italy, France, etc? I can't go to restaurants/malls etc, here because of all the smoke!! (even the health spas have ash trays everywhere!?!?)
I'm studying to be a nutritionist / nutritional healer, and a healthy environment is definitely a priority. I'm hoping Spain has more to offer than BG currently does.
Any help you can offer will be great!
Keep in touch,
Stacey
Feb 22, 2008 · karen301081
Hi Stacy,
Well heres an update on my situation.
My husband was trying to find under the table work here and it is very difficult! if an employer is caught hiring someone who doesnt have the correct papers the fine is 70,000 EUROS anyway thats what one of the hotel managers told us. Anyway they recommended someone to do my husbands papers who is very good as we havent heard anything from our lawyer and we have paid her 125 euro so far.
We called this other girl, she is not a lawyer but someone who helps people do all their papers and she told us the papers she would need and then today we met her at the oficina de extranjeros.
It was sooo easy! First I just had to show my passport and a form that we paid 6 euros at the bank for the residence and then they printed off a certificate that bascially says i am a resident. It only took 1 minute! I am sure your husband can do the same. I already had my NIE. Even if you need your NIE they will give it to him straight away.
Then my husband had to show my residency certificate, my NIE number, Certificate of empadronmeinto, marrige cert with apostille, and an original letter from the British Embassy saying that the marriage is valid in the UK.
And that was it, my husband got his NIE number immiediately, they didnt ask about any visas or anything, and it will take 3 months maximum to get everything its a rule it cant take more than 3 months. They said it will normally take between a 4-6 weeks.
We have a website to check aswell and it will tell you the process of the papers and when they are finished. It is definete he will get the papers it just a case of waiting now. The community residence card will be valid for 5 years.
I had the doctor the other day and he is really nice, he checked everything is fine and I have all my papers to get the free healthcare so a bit more relaxed now.
So which part of Spain are you coming to??
I hope your pregnancy is going well.
Karen
Feb 22, 2008 · Stacey
What a pleasant surprise! Thanks for updating me!
I am so happy to hear about this, and its all legitimate I gather, as its thru the oficina de extranjeros!?
I am hoping for southern Spain, but we're planning a trip over, in March, our FIRST trip to Spain (ever) to scout it out a bit.
I simply can't find what I'm looking for in Bulgaria and we can't make it to the States as a family.
My main interest is in being in a great family environment and in having my baby naturally, in a safe, family-friendly birth environment.
I don't know if I mentioned it but I'm studying (slowly, now) for my Bachelors (a Major in Nutrition & Minor in Spanish) and living in Spain will certainly help with my Spanish language skills. I've taken 3 University level courses, and I took 2 in High School - but without being forced to use it one can't really become fluent, so I look forward to that!
My young daughter is very interested in Spanish, like mommy (she's also a huge Dora fan) and she knows a little. I took her to several University activities in the States, some put on by my school's Spanish Department, and my Prof. was very kind to her, making a big impression. She has a great impression of school and of learning Spanish. She is curious about learning more and I look forward to seeing her do so. I'm sure she'll be fluent well before I am!
The Birth Center I've been reading about is between M?laga and Granada. The hospital I've read about is in Alicante. I know what I'm looking for, as far as environment - I definitely need to be around a good family-oriented expat community (at first) so I can communicate and be able to rent an apartment, buy groceries, get Nicole into some activities (ballet, 1/2 day kindergarten where they speak Spanish AND English, so she'll be understood) and I'd like to, hopefully, have access to a good library with English books. And parks/playgrounds, and of course a healthy natural environment to explore - beaches, mountains, etc. I heard Spain has now banned smoking in public places? Hope so, I can hardly go anywhere in Bulgaria and avoid smoke - the malls are even full of smoke, not great for pregnant women, kids, or people interested in their health in general!
Stacey
Feb 27, 2008 · dubhe
Hi there, I am new to this forum but feel I may have to become a regular! Maybe you can help, I am British but my wife is American and it is her that wishes to work in Spain. I work at sea for a British company so am not able to work in Spain though am planning on living there when on leave. My wife is a permanent British resident but not yet a citizen, and won't be for the purpose of this situation as we don't want to wait another year. Is she able to live and work in Spain on her British residency? If not which route should she apply for a working visa, as an American or as the wife of a British/EU citizen. If it is the latter then do I not need to be resident in Spain too? It is all very confusing trawling through the websites, maybe someone here can help me :-)
Feb 27, 2008 · karen301081
Hi there,
This forum is really good to find out information so your in the right place.
I recommend that your wife goes to the Spanish embassy in England the one closest to where she lives because she is a resident there. Lots of people have told me that she would have to apply for an entry visa into Spain and then when she arrives here in Spain she will have to go to the nearet oficina de extranjeros and apply for the familiar residential community visa which she will be able to work and live in spain with. She will have to go to the oficina de extranjeros as soon as possible when she arrives.
My husband just came as a tourist here and didnt get a visa prior to coming here because the embassy in Mexico was not helpful at all, but fingers crossed it looks like it will all be ok. We just have to wait maximum 3 months for him to get the community visa.
When your wife gets this visa it will be valid for 5 years and with that visa she can work in any of the schangan countries no problems. Because England is not a schengan country it is a bit different.
When you come here you have to legally apply to be a resident if you are planning to stay more than 3 months a years here. All you need to do is pay 6,80euros (your wife will have to pay for this aswell( I will try and find the link to the forms that you can print off or you can get them from the oficina de extranjeros. And then you just have to take your passport with the payment receipt to the oficina and they will print off a paper that basically says you are a resident and give you your NIE number it is very fast for you. For your papers dont let a lawyer persudade you do pay them to do it because your papers are sooo easy, we had a lawyer who did my residency for 90euros!! and my husbands for 125euros! i wish i had done my papers on my own because its not rocket science but im glad we had her for my husband because she knew wht she was talking about.
I hope this information is helpful to you. let me know if you need any more info. Just make sure you get your marrige cert apostilled and it has to have been apostilled within 3 months of you handing your papers in, and also if you got married in the USA registered in a british embassy.
karen
Feb 27, 2008 · karen301081
Hey Stacy,
how are you doing?? I went into Murica last weekend and bought the baby so many outfits they were all so cheap in the sales!!! Only 4 weeks left for me!
the papers we handed in are definetly legitimate because we went to the oficina de extranjeros and I have even checked them on the net aswell and it says the papers are being transmitted and it has my husbnads name and everything. Hes got some painting work this week 50euro a day helping a friend of mine so at least it is something, but other work is very difficult until he gets the papers no companies want to take the risk. And if he did get caught they would decline his residency visa and I cant work so he may have to babysit when i have the baby and then I can work. He is fluent at spanish and english so he will have so many job offers when he gets his papers.
In spain they havent started to total none smoking rule in all public places. If a building is under 100 sq feet then people can smoke inside, but if it is over 100sq feet then there has to be a seperate designated smoking area.
It seems silly to have a smaller place that everyone can smoke in!
Also the spanish people are big big smokers, we have been to a few small bars and places and I have to leave because of the smoke. I use to be a heavy smoker butnot anymore.
Alicante is very pretty my husband wants to move there, its about 2 and a half hours from Vera which is where I am, on the coast lots of extranjeros a very pretty place. I think that would be a good choice for you. When are you planning on coming here permanently?
I flew when i was 33 weeks pregnant from mexico to canada but immigration wouldnt let my husband in because he didnt have a return ticket to mexico, our ticket was to London, then London to Spain so they sent us back to Mexico. Then we had to buy a direct flight from Mexico to Spain and it was about 10 hours on the plane! i was a bit nervous because i couldnt get any travel insurance being pregnant and flying but it was fine!!
Anyway let me know if you need anymore info.
take care
karen
Feb 27, 2008 · dubhe
Thanks Karen for the info, just one note for clarification, does my wife need to have a job offer for a schengen visa? We were kind of looking to relocate then look for a job rather than the other way around (as my job can support us in the interim). I have looked at a lot of websites and it talks of perspective employers proving they couldn't fill the job locally etc. Is my wife being treated as a British resident or an American citizen?
Feb 27, 2008 · karen301081
hi,
Your wife has the same rights as you because you are british. She doesnt need a job offer, when she gets her visa she will be able to work and live freely with the same rights as spaniards and you.
It is enough that the two of you are married.
Karen
Feb 28, 2008 · frviana
I would love some help. I have read the thread and everything seems to be so easy but people has been scaring me out.
My wife is Italian and I am Brazilian/Canadian. We got married in Canada and live in Canada currently.
We are in the process of moving to Barcelona soon (april 4th).
As the consulate here has told us that everything needs to be done in Spain we are moving and were expecting to get everything done over there BUT I was told that we will be asked a NIE for Rental, electricity and all other utilities...
I checked with a couple law firm in Barcelona. One is charging 1200 Euros and the other 2000 Euros to get the paperwork done.
We have registered our marriage in Italy but don't have the registration with us.
Here is what we were charged and I was wondering if I should go ahead or look for alternatives.
- For applying for the registration of your wife at the Central Foreigners Registry, our fees shall amount to 350 euros because she is member of the European Union and therefore the process is shorter and more simple than in your case.
- For applying for your NIE number, our fees shall amount to 350 euros.
- For applying for your residence permit, our fees shall amount to 600 euros.
If anyone here knows of a good "gestor" in Barcelona that can execute the paperwork fast I would love to have the contact.
Feb 28, 2008 · karen301081
Hey there,
wow that is really really expensive to do that paperwork!! If you read what I had written previously and look at how much I paid. I am a citizen of the EU and I thought 90 euros was expensive to do my papers because I went to the oficina de extranjeros and I saw how easy it was to do it ourselves.
I personally think it is easier to do yourself, we started with one lawyer and she was charging 125 for my residency and 125 for my husbands papers (hes mexican) and we gave her 125 at the beginning, she told us she needed an appointment with the oficina de extranjeros before she could hand in the papers, 2 weeks later she hadnt even done anything, and luckily we found someone who would do mine for 90 and my husbands for 120euros and the next day we were at immigration and did all the papers so fast, we didnt even need an appointment. we were lucky finding the second women but still to do it on our own it would have only been 6,80 each and its easy enough.
We tried to get our money back from the first lawyer but she refused. My point is that sometimes when you go through a lawyer they charge a lot, and its like an extra person to go through to do the process and some lawyers take their time and put your case to the bottom of the pile, but if you go and do it yourselves you can get the correct and accurate information there. You have to submit all your papers in person anyway even if a lawyer does your papers so you will have to go to the oficina de extranjeros.
Karen
Feb 28, 2008 · karen301081
sorry forgot to say that your wife will get her NIE immiediately when they give her the residency, and when you hand your papers in you will also get your NIE aswell the same day, but you are unable to work until all the papers have been approved.
When they give you your NIE at the oficina de extranjeros and stamp all the papers it is definete you will get your residency no problem just a case of waiting which is guarenteed to be under 3 months, then you will just have to go back and give fingerprints. You can check the process of the papers on the net also which is really good.
Feb 28, 2008 · Stacey
Hi Karen! I forgot to ask some questions...(and by the way, did you get my pm?)
Residency Clarification Questions:
1. I noted that you said your husband presented both his original birth certificate with apostille AND your marriage license with apostille, are both necessary? Did they specifically ask for both? (I have my original birth certificate, but not with apostille. I only have until Apr 30th because my marriage license was apostilled on Jan 30th, and you mentioned a 3-month validity window from time of apostille to time of application for residency)
2. Where do you obtain certificado de penales?
3. You said you had a form form the bank for 6,80 Euros which shows you're a resident - must we first have an account at the bank? And to get an account do you first need a rental contract?
4. To get certificate of empadronmiento, since we don't have family in Spain, we will need a rental contract / deed to property we've purchased, correct? And in order to rent a property, you must have NIE? So how does this work out?? (I assume my EU husband can get his NIE and rental contract, then we can get the certificate of empadronmiento, and THEN do all of my paperwork (non-EU, USA).
And just to clarify, I know you already had your NIE, but to get it, my husband will need his passport or EU residency card, along with the filled out form, present it and copies (of passport? photos?) to Spanish Embassy here in Bulgaria, and he can have it before arriving, but I can't have mine before arriving because I need residency based on my husband, right?
I hope this wasn't confusing, I tried to be clear, but this is all new to me. THANKS for all your help, again, Karen!
Stacey
Feb 28, 2008 · karen301081
Hi Stacy,
Thanks i received your private message.
I thought i had told you what happened sorry, well someone recommended someone different who does all the paperwork for visas etc, she is not a lawyer but an asesora. They said she is very very fast so we called her.
Anyway she said she would charge 90eur for my residency and 120 for my husbands, she seemed really on the ball so we took our papers(we had 2 copies of everything because our first lawyer still had all of our other papers) she gave us a form to pay the 6,80 at any bank you dont need to have an account there you just pay it with the form and they stamp it and give you 2 copies, the next day we had to meet her at the oficina de extranjeros in Almeria. (you have to do it in person) but she guided us where to go and the forms to fill in.
We only waited 5 mins before someone saw us, i think this lady had contacts there. My residency was done super fast all they do is print something off and you show your receipt that you paid the 6,80 and my passport but i would take the EU residency card aswell. I already had my NIE number but if i needed it aswell they would have done it there and then.
For my husband it only took 10 mins, they needed to see-
my residency and my NIE number
the correct form completed. Im not sure what number it is, i will have to check.
marrige certificate with apostille no older than 3 months.
certificate of empadronamiento (my dad did this for me because we are living with my family, so im not sure what you would have to show to get this if you are renting, i assume a rental contract or something like that).
passport size photo of him
his passport (they need to see the original)
the letter from the british embassy saying that our marrige is reconised in England because we got married in Mexico.
And that was it, we didnt need his birth certificate or a record of his criminal records (certificate of penales) .
They gave him his NIE number straight away(my husband can open a bank account now if he wants with his NIE ) and they gave a website and a reference number to check the status of his papers and that was it. And then we felt like a huge weight was lifted from us. We asked the girl now that he has his NIE number are the papers guarenteed to be no problem and we wont need to provide anything else and she said yes so that was great.
We had been stressing so much about all of this and it wasnt even bad and the people in the oficina de extranjeros were really friendly aswell.
Then in less than 3 months he will get a letter telling him when to go for fingerprints, then after that he can work legally and then 40 days after he will oficially receive his community residence card which is valid for 5 years.
I hope that you understand it all, i know how confusing it is when you are just starting I was the same and people would tell me things and it would make me more confused.
Karen
Feb 29, 2008 · frviana
Karen,
I am more relaxed now that I spoke with the agency that I will be renting the place from and they told me they would not need a NIE to rent the place to me and they could help and get electricity and other utilities either transfered into my name for me to move in without the NIE or they would put in the owners name for a month until I take care of everything. It will give the time I need so much to get the paperwork figured out.
I have a couple questions and hope you can help:
1. My wife has Italian passport (through Grandfather relation) but she was born in Brazil. Doesn't make sense ask her birth certificate. She has her Italian passport. Any idea what will be needed in this case?
2. We were married in Canada and just registered our marriage in the Italian Consulate in Canada but will take 3 months to get it registered in Italy. I got a certified translation of our Canadian Marriage certificate and I am getting it authenticated on the Minister of Foreign Affairs and legalized on the Spanish Embassy in Canada. Will that be enough?
3. Some people told me to apply straight for the EX-16 (Solicitud de Certificado de registro como
residente comunitario o Tarjeta de residencia de familiar de ciudadano de la Uni?n), others to apply for the NIE first and others for my wife to apply first for the Registro Central de Extranjeros and then NIE for both of us and then register our marriage at the REGISTRO CIVIL DE BARCELONA to then apply for the Residencia.
It's so many different direction that I am lost. I wrote to 3 law firm and each one point in a different direction. I don't need to be able to work as I gonna keep work for my Canadian Employer. I can work from anywhere in the world mainly.
Please, I need some advices.
Feb 29, 2008 · karen301081
Hi there,
1. Your wife will only need her Italian passport to get her residency, her birth certificate is not neccessary anyway.
2. Im not sure about the marrige registration thing because we got married in Mexico and only registered the marrige in Mexico. (I am british). Then in Spain we went to the british consulate in Malaga and they said you can actually register a marrige but we showed them our apostilled marrige cert and they charges us 49EUR and they gave us a letter that basically says that our marrige is reconised in the UK and legal. The oficina de extranjeros accepted it so im not sure about yours.
Just make sure that the apostille is no older than 3 months old because otherwise they wont accept it.
3. Your wife will need to get her residence first because then you are applying for the community residence as her dependant. She will get her NIE straight away. I applied for my residence first, and then my husband did his papers 10 minutes after and it was fine. When you hand in your papers you will get your NIE at the same time aswell and they will need the marrige registration letter at the same time so you will need to get the marrige registered before or get the same sort of letter as I did.
This ia the way it worked in the oficina de extranjeros in Almeria, im sure all the other oficinas should work the same.
The visa you wil get will allow you to work anyway if you dont need to work and its valid for 5 years.
I hope this helps a bit, sorry i dont really know about the whole marrige registration thing.
karen
Feb 29, 2008 · frviana
Thanks a lot Karen. I will follow your steps and will post the results in here. I will go to the Italian Consulate today to see if they can give me a similar letter.
Feb 29, 2008 · karen301081
yeah definetly let me kow how you get on.
I was so worried about doing all the papers and that it would take months and months but (touch wood) so far its been very easy. I just hope my husband gets his papers soon so I can totally relax!! I think im going to have a celebration party once he gets his papers because I was stressing so much about it all!
Mar 21, 2008 · albaqaahuna
Hi Karen,
I'll try to respond to the question you posed in your private message regarding the NIE and the right to work for non-EU spouses of EU nationals. An immigration lawyer that volunteers for the Spanish Red Cross responded to a query by an Argentine who was applying for a 'tarjeta comunitaria' which would be what your spouse and I have applied towards. The Argentine stated he had applied for the card; however, he was told that it would take at least 3 months to receive the card. His questions were: (a) When can I look for work? (b) Can I be enrolled in the Seguridad Social without a 'tarjeta comunitaria' (c) What are my rights?, (d) What other measures can I take in my present situation ?
The site where the question and response are possed can be seen directly at the following link:
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=12499
The lawyer responds as following. (I'll translate to English for others who do not understand Spanish):
With respect to the right to work and WHEN (in theory) one can legally work, the lawyer states the following:
(My translation) Unless your application is to be considered under the provisions for EU nationals because of your descent from a Spanish national or a national of the EU, the Royal Decree 178/2003 clearly recognizes the right to undertake any activity, either as a self-employed person or as an employee of another. The non-E.U spouses of Spanish nationals or other nationals of other E.U. member states residing in India, and their offspring younger than 21 years of age (or older than 21 years and economically independent), HAVE THE RIGHT TO WORK FROM THE MOMENT they enter the purview of the laws that govern E.U. nationals.
(Original text) Salvo que tu acceso al r?gimen comunitario haya sido por ser ascendiente de espa?ol o nacional comunitario, es indudable el reconocimiento que el Real Decreto 178/2003 hace del Derecho a desarrollar cualquier actividad por cuenta propia como por cuenta ajena, en igualdad de condiciones que los espa?oles para las personas que tienen r?gimen comunitario. Tanto los c?nyuges de alguna nacionalidad extracomunitaria de espa?oles o de nacionales de alg?n pa?s miembro de la UE que residan en Espa?a, como los descendientes menores de 21 a?os de estas mismas personas ( o mayores de 21 que vivan a sus expensas) tienen derecho a trabajar desde el momento en el que acceden al r?gimen comunitario
***********
My translation) : Even through the right to work is recognized from this moment, in practice, there is a lag-time because in order to enroll a non-EU national in the Seguridad Social, one must have a NIE. Furthermore, this number (the NIE) is generally not obtained until one's application under the laws applicable to E.U nationals has been processed.
(Original text) Aunque el derecho a trabajar se reconoce desde ese momento, la pr?ctica lo retrasa un poco, ya que para poder dar de alta en la Seguridad Social a una persona extra-comunitaria, es necesario tener un NIE, y normalmente este n?mero no llega hasta que no contestan sobre la solicitud de r?gimen comunitario.
**********
So, essentially, an applicant is in a no-man's land until he or she has an official response to the application :-)
:-)
Mar 21, 2008 · albaqaahuna
:ahhh: :roll: %-P
rofl, "residing in India" should be changed to "residing in Spain"..
my brain was elsewhere when typing.
:-)
bye
Mar 21, 2008 · karen301081
Hey,
thanks so much for that and doing the translation aswell.
Im sorry im still a bit confused because you said that you dont get your NIE until the application is processed.
My husband has his N.I.E number already he received it on the day we went to the oficina de extranjeros, he just hasnt given the fingerprints or received the card yet.
What do you think? thanks for your help.
Happy Easter
Karen
Mar 22, 2008 · albaqaahuna
Happy Easter back to you Karen,
I went back fishing amongst the legal consultations at the same website and came back with the following situation. A Spanish national who married a Brazilian national, applied for the Tarjeta de familiar de ciudadano de la Uni?n, and he was given a NIE by the Seguridad Social while awaiting the final approval of the application.
Here is the original link for you to read if you'd like:
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=53996
The question posed was the following: Can the Brazilian spouse work with the NIE that was assigned to him or her while awaiting the outcome of the application ?
(The lawyer answers):
Con el NIE que le han dado, y la solicitud de tarjeta de r?gimen comunitario pueden darle de alta en la Seguridad Social, pero eso no impide que si se detectara alguna irregularidad en el procedimiento de solicitud de tarjeta comunitaria, y se acabara denegando, el alta en la Seguridad Social tendr?a que ser anulada desde el inicio, y por lo tanto, para evitar posibles incidencias, la mayor?a de empresas y empleadores/as prefieren esperar a que este resuelta la solicitud para comprobar en la resoluci?n la amplitud de derechos que confuiere la situaci?n de residente comunitario.
(my attempt to translate)
With the NIE assigned to your spouse, and the application for the card, the applicant can be enrolled in the Seguridad Social, but this does not rule out the possibility of the denial of the card because of the detection of an irregularity. Because of this, the applicant's enrollment in the Seguridad Social could be cancelled, and consequently, the majority of firms and employers prefer to wait until there has been a official ruling on the application. This is done in order to confirm that the applicant has the legal rights corresponding to an E.U resident.
************
Which means, I think, that unless a final ruling is made on the application: in the form of a card or some other proof of approval, that one will most likely not be able to work.
Someone mentioned somewhere on another forum that the NIE is just a number that does not reflect your legal right to work. The right to work is evidenced by another document, like the Card for family members of EU Citizens, etc.
Hope this helped.
Bye
:-)
> Hey,
thanks so much for that and doing the translation aswell.
Im sorry im still a bit confused because you said that you dont get your NIE until the application is processed.
My husband has his N.I.E number already he received it on the day we went to the oficina de extranjeros, he just hasnt given the fingerprints or received the card yet.
What do you think? thanks for your help.
Happy Easter
Karen
Mar 31, 2008 · Dory
Hi I have been doing a lot of readings in the forum and could not get specific answers,
I was wondering if someone can help.
I not from the EU and am planning to get married with a spanish, we had all the papers ready and applied, so they gave us an interview with the judge after 4 months, the 23rd of June.
anyway i was wondering that after we do the interview and get married, I should be applying for a residence permit to live in spain, i have read somewhere in the forum that we need to have a certificate of empadronamiento to apply, but this is not mentioned in the required documents to have a residency permit! we are applying in Madrid so maybe the certificate of empadronamiento is applicable in barcelona only ? anybody knows from Madrid ?
One other question, does anybody know if its legal to start working just after applying for the residency permit, or should I wait to have this permit to start working, because i am reading that it takes 8 months to have it.
if not is there a legal way or any alternative to be able to work at this time ?
Mar 31, 2008 · lonely
hello i (non eu member living in spain for 2 years )am in a great confusion about marrying my polish girlfriend in spain. can anoyone help me what are the document needed from both parties and what are the detail processes before applying for civil marriage in spain? will my girfriend has to apply for NIE before marraige?i would be greatful if someone could help me? waiting for the nice regards from you people.
Apr 7, 2008 · albaqaahuna
Hi Karen,
I went today for the second-step, for the fingerprinting at the Comisar?a de Polic?a prior picking up the card. I was not given a NIE, I just have to go to the designated office after 30 days in order to pick up my card.
:-)
Apr 14, 2008 · karen301081
quick update.
Ive been checking everyday for the status of my husbands papers on the website they gave us at the oficina de extranjeros, it has been saying EN TRAMITE'.
Anyway I emailed the oficina and asked about the process of the papers and they said that they were granted on the 10th March, we just have to wait for the follow up letter.
We only handed the papers in on the 22nd Feb so my husband has been granted the visa in about 2 and a half weeks, they also said that because the papers have been approved he can work legally now. All he has to do is go to the oficina de extranjeros and give his fingerprints and then wait for his community residence card.
Everything has been very smooth so far, we are going to the oficina on wednesday so fingers crossed it will be no hassle.
Stacey- I hope you are well, I had a baby girl named Sofia last Thursday and the hospital here in Spain was great!!!
Apr 18, 2008 · karen301081
Well my husband went for the fingerprints today in Almeria and it all went smoothly. He just has to go back in 1 month to pick up the community residence card.
In total all a very easy process.
Papers got approved in 2 and a half weeks (and he could work legally) and my husband arrived in Spain as a normal tourist.
Good luck to everyone.
Aug 7, 2008 · shilpa
Hi karen,
This is shilpa from India.I saw ur posts and thought to take some precious advice from you.My husband has come to Spain, Madrid in the month of june end on work permit and is entitled to bare the family expense.I am 3 months pregnant and now we wish to move to spain as soon as possible.Am i eligible for that according to the spanish embassy.Can a pregnant woman who is non resident of spain come and stay with her husband and deliver the baby in spain.Kindly guide us.
Thanks
Shilpa
Aug 23, 2008 · jorge77
Hi Shilpa,
I am not very sure about this.
To be honest I wouldnt think that you would be able to come and live in spain permanently with your husband only having a work visa. Dont quote me on that, but i think you would only be able to come here on the normal 90 day tourist visa.
If you had your baby here which I did, you would have to go to private hospital unless your husband has healthcare here and you could be his dependent but you would need an NIE number which Im not sure if you will be able to get.
I dont know how expense private hospitals are in Spain to have a baby either.
I am sorry that I couldnt be more help.
Karen
Aug 23, 2008 · jorge77
I only just realised I am signed in under my husbands ID on this website! Sorry
Sep 2, 2008 · teso
Hello. I am an EU citizen but my spouse is American. Can you give me the contact you used please so that we can get his nie and residency sorted in spain. You can not believe the nightmare we have had trying to get this sorted. I read of the person you used, not the solicitor. I would really appreciate this. We have original marriage and birth certificates. are these good?
Teso,
Dec 13, 2008 · steel
helo,
can any 1 pls tell me what document my husband(non-eu citizent)will need to apply for a visa to live in spain as a family memberof an eu-citizen(british)?
Dec 14, 2008 · Dreamer
Dec 16, 2008 · steel
thanks for that info Dreamer,but i was asking for the requirement to obtain an entry visa to spain as my husband is a non-eu citizen(south african) and i am british.
Jan 11, 2009 · KateM
Ok I have read through this thread and it seems like it is easier than I originally thought. My husband is from Dominican Republic and I am British. We are moving to Spain later this year.
Could someone clarify for me what we have to do before we move over to Spain - my husband will hopefully have is ILR by the time we come over. Do we do anything here at the Spanish Embassy or do we wait until we get there? Do we wait until we move there or do we do it on a trip before we move?
Thanks, Kate
Feb 5, 2009 · KateM
Just bumping this up in case there's anybody with any more information to give. Thanks. Kate
Feb 5, 2009 · jurdyr
have you get in touch with the loacl spanish embassy and ask ?
jurdy
Mar 18, 2009 · kaptain_kompost
I am an American currently living in Germany. I wish to work in Spain starting in January of 2010. I have to return to America for the 4 months previous to that, so I don't have the option of visiting Spain then. From now until July, I will have the opportunity to travel there to turn in any paperwork. I will shortly be married to a German citizen. I heard that in my case, it will require around 3 months for me to receive a work permit. Is there any way for me to apply for the work permit before I I enter Spain next year, so that it will be ready in January? Any advice would be greatly appreciated.
Mar 27, 2009 · karen301081
Hi Kate,
You cant really do anything before you come here. I tried to find out from the spanish embassy in Mexico if i could do anything and they were useless and said no. I was a bit worried but as soon as we went to the oficina de extranjeros it was a piece of cake.
My husband got his papers feb last year, I have head rumours now that they have tightened a lot on the immigration procedures since the new president but dont quote me on that.
What you can also do what I did was i found the phone number for the oficina de extranjeros in my area and I called them before I came here to clarify everything, it was a nightmare trying to get hold of them but we did speak to someone eventually.
i hope this helps a bit
karen
Jul 2, 2009 · dawn9787
hi karen i hope ur are ok.can you please help me with the website where i can check how far my husband papers are going we submited his papers in june 1st he was told to wait for fingerprints or approval he is non european and i am english.plz help
cheers dawn
Jul 4, 2009 · karen301081
Hi Dawn,
Im sorry I dont remember it. We have got rid of all of our papers now, i will have a hunt around and see if I can find it.
On the paper he got from the immigration office the one with his NIE number, there should be the website and a exp. reference to put into the web.
let me know if you have any luck.
thanks
karen
Jul 5, 2009 · chochang321
i?m not sure if any of the above posts answer my question so i?d really appreciate anyone?s help regarding my situation.
i can stay in spain for 3 months because of the automatic tourist visa. me and my spanish bf are preparing all our papers to get married but it looks like we won?t be able to get married any time soon because of the paperwork. i only have a month left and i?d like to know if there?s any way i can extend my stay here.