My Spanish residency (obtained through a since failed marriage to British citizen who no longer lives here) expired almost a year ago.  However, my Catalan partner and I have two children born here who are Spanish citizens, with DNIs and listed in our libro de familia that was created with the birth of our first child.  I would like to straighten out my residency again but am not a big fan of marriage in general.  Is there any sort of family reunification visa for keeping parents with minors?  And as the youngest was JUST born, any way to do this without having to travel back to the US?  Strangely enough, thus far no one seems to look twice at the expiration date on my residency card and I continue to receive health care and unemployment benefits!

I`m no expert and every situation such as yours has non standard circumstances, I`d get advice from the Spanish Consulate.

But in general you`ll probably need to leave Spain, return to your home country and re apply for a Residency Visa.You may well be turned down as you have over stayed, i`m guessing by quite some time, the authorities do look at that.Your saving grace may well be the situation with the children.

I would seek legal advice, soon.Although nobody has noticed yet, both your Visa and Residency has expired, if a Policia notices, you could be deported.Also if you ever need to visit relatives and need to leave the country, you wouldn`t be granted permission to renter.

Try giving these guys a call and get some legal advice.

http://www.spainlawyer.com/index.cfm