Hi all. I have a bit of strange situation, urgent resolution required!

I am from the UK, live in Spain with my recently arrived non-EU partner who is the mother of my son (who has a UK passport)

The objective is for us all to stay in Spain, legally, although I have a strong feeling that the fact that my partner is not European
will cause problems (despite the fact that my son has UK passport).

I have been through numerous channels to get this resolved, and of course have had numerous answers!

My partner currently is here with a 3 month ‘tourist’ visa, on expiry she will have to go as it currently stands (and so will I if I want to be with them). By the way I work here and have NIE etc.

Any legal eagles out there with some advice? I would really appreciate it.

Cheers,

Chas.

Hi Chas, children can claim their parents as citizens only if the child is of age and the parent is dependent on the child.  However, check into becoming a “pareja de hecho”.  Basically, you declare that you and your partner plan to live together and make a life together without getting married.  Normally, Spaniards use this so that their children won’t have legal problems and so that if one dies, the remaining partner doesn’t get kicked out of the house. 
Emily

Hi Chas,

I’m non-EU and my husband is Spanish. Before we got married we did the “pareja de hecho” thing. When looking into it we were told that if you’re recognised as defacto (a legally recognised not-married couple) in another EU country you can be recognised here. Unfortunately, we also found out that the law around pareja de hecho is pretty vague and it wouldn’t actually give me residency rights…

If you’re not opposed to it your best bet might be getting married. I had the 90 day visa too and was told that once it ran out I was OK because we had put in the papers to get married, meaning I was not exactly legal but I wouldn’t be kicked out. If you want to do it fast you could look at Gibraltar (doing it here takes 2-6 months not including getting all your docs together).

All the best.