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Residence card for non eu spouse Overstay

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simonmicheal
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Residence card for non eu spouse Overstay

Post by simonmicheal » Sun Feb 11, 2018 7:32 pm

Hi everyone,

I'm British married to non-eu.

So i've been waiting for various appointments in Spain so i can get my recidencia card, while i'm waiting my wife's tourist (Schengen) visa is nearly expired and she cannot start her process for her recidencia car until mine is complete.

Will this be a problem having an expired tourist visa and applying for the RC card ?

Anyone have a similar problem?

My wife is panicking she's going to get thrown out of Europe for overstaying and denied her RC card

Thanks

WorldDreamer
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United Kingdom

Re: Residence card for non eu spouse Overstay

Post by WorldDreamer » Mon Feb 12, 2018 1:15 am

Hi!

If you're married and have appropriate marriage certificate there should be no problem at all.
She's eligible to stay with you for any time, no matter if her Schengen visa expired.

I'm British and married to non-EU in Portugal. She overstated her visa and we went to our honeymoon trip out from EU. Officer on the border marked an overstay, but as far as we had our apostilled marriage certificate with us no any sanction applied. Now she got her new Schengen visa despite of previous overstay.

mgb
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Re: Residence card for non eu spouse Overstay

Post by mgb » Mon Feb 12, 2018 11:36 am

A family member of a eu citizen can not technically overstay a visa if accompany the eu citizen.
Due to the directive the family member need only a entry visa. The stay itself is covered from the directive.
It is easier to prove the right of stay with a valid visa but that is it.
If a member state want a application for a residence card for a stay longer 3 month to fail to do that can only be sanctioned with a small fine.

MariaEU
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Spain

Re: Residence card for non eu spouse Overstay

Post by MariaEU » Sun May 27, 2018 5:13 pm

Hi all! I'm kind of going through the same thing with my husband as well. I am a non-EU passport holder. He is a Spanish national who has been living abroad for the last few years. We decided to move to Madrid and I had to apply for a tourist visa because he is still in the process of registering our marriage at the Civil Registry to get our Libro de Famila. The Spanish consulate at Los Angeles told me that I could enter with the tourist visa and to apply for my residency card when I get here.

However, there are so many processes that take up a lot of time (my husband had to get his DNI and when we got to his appointment, apparently he needed a birth certificate that stated it was specifically requested for the sole purpose of getting a DNI, which he needs to register our marriage. We've requested the birth certificate but could be a couple of more days for us to get it. So without the birth certificate he can't get his DNI, which means he can't register our marriage which means I can't apply for my residency card). It's all underway. Once we get his birth certificate things should move much quicker. However they only gave me 45 days on my tourist visa and I'm afraid we won't be able to finish the entire process before that time is up (I've only got 2 weeks left and we all know how painstakingly slow they are with Spanish bureaucracy)

Am I gonna need to be separated with mu husband when my visa is up? We have our Apostilled Marriage Certificate but not the libro de familia yet. I'm so worried about this because we really don't want to be apart for an uncertain amount of time.

Caravel88
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Re: Residence card for non eu spouse Overstay

Post by Caravel88 » Sun May 27, 2018 7:49 pm

As it's been said on this thread, as long as you have a marriage certificate (apostilled non-EU works fine for this purpose), you get to stay with your spouse despite the length of the visa as it is your right.

Have you been to the Oficina de Extranjeros to get your Tarjetas de Residencia de Familiar de Cuidadano de la Union with your already apostilled foreign marriage certificate?

They can and should accept that for the purposes of registering.
You should not wait for one thing to be done before trying to start another in places like Spain.

Also read here:

https://europa.eu/youreurope/citizens/r ... dex_en.htm
MariaEU wrote:
Sun May 27, 2018 5:13 pm
Hi all! I'm kind of going through the same thing with my husband as well. I am a non-EU passport holder. He is a Spanish national who has been living abroad for the last few years. We decided to move to Madrid and I had to apply for a tourist visa because he is still in the process of registering our marriage at the Civil Registry to get our Libro de Famila. The Spanish consulate at Los Angeles told me that I could enter with the tourist visa and to apply for my residency card when I get here.

However, there are so many processes that take up a lot of time (my husband had to get his DNI and when we got to his appointment, apparently he needed a birth certificate that stated it was specifically requested for the sole purpose of getting a DNI, which he needs to register our marriage. We've requested the birth certificate but could be a couple of more days for us to get it. So without the birth certificate he can't get his DNI, which means he can't register our marriage which means I can't apply for my residency card). It's all underway. Once we get his birth certificate things should move much quicker. However they only gave me 45 days on my tourist visa and I'm afraid we won't be able to finish the entire process before that time is up (I've only got 2 weeks left and we all know how painstakingly slow they are with Spanish bureaucracy)

Am I gonna need to be separated with mu husband when my visa is up? We have our Apostilled Marriage Certificate but not the libro de familia yet. I'm so worried about this because we really don't want to be apart for an uncertain amount of time.

MariaEU
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Re: Residence card for non eu spouse Overstay

Post by MariaEU » Mon May 28, 2018 12:52 pm

Hi Caravel88!

Thank you so much for your reply. I have not yet done that actually. Our problem is since my husband just arrived about a month and a half ago, he is still looking for local work. And we've read that he needs to be employed for that. I've been reading online that this is a common predicament for Spanish citizens trying to bring their spouses to Spain. If he is unable to find local work in the next month or so, what will happen to me? Will I need to leave? Or can I stay but without a residency card meaning I won't be able to open bank accounts, work, etc?

We both have remote work. I work remotely as an accountant for a Canadian company and he works remotely as a Web developer for an American company so we do have income. Does that count for anything?

Thanks again for your response.

Caravel88
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Re: Residence card for non eu spouse Overstay

Post by Caravel88 » Mon May 28, 2018 5:43 pm

Just to be sure allow me to ask:

- Has your husband lived and worked in another EU country before?
If he has done so, you get to benefit from the Directive 2004/38/EC.
This translates to simply "registering" anywhere in EU to get a 5 year permit.

- When an EU citizen moves to another country (or lives elsewhere in EU and returns "home):
During to first 90 days they (you & your husband) have the right to stay unconditionally.
Which means no need to get a job or prove anything (however you do need accommodation & address).

If an EU citizen wants to live in a stay for longer than 90 days, then either they:
- Have to be employed (or have job offer with valid contract)
- Have to be self-employed
- Have savings to be self-sufficient
- Or be a student or something (I don't know too much about this)

You are in your first 90 days.
Use your limited visa as the reason, and go and register.

If they tell you you need job: you simply tell them "unconditional right to stay for 90 days".
You can present them a copy of Directive 2004/38/EC and that page I linked to prove your right.

If you have remote job with enough monthly income and can prove it, then look into becoming self-employed in Spain and register that way (every country has different regulations for self-employed ppl).

If you have enough savings to support yourselves (enough for a year, people say €10k in a bank for Germany but might be much less for Spain), then register as self-employed.

Side note: you yourself could find a job and use that to register even if your husband isn't employed. Since you are a family, your income is combined when being considered.

My advise: Start the process, and do not be stressed.
You have right to stay there 100% and they can't do anything about it.
Despite not having a permit card or a visa, you even have the right to be employed 100%.

Just register your arrival and intention to live locally (this should be super simple, just address, IDs etc. like anyone in Spain would do if they move to a new place).

Then look into getting your living permit which should be given for 5 years.

Bonus: If you need help with anything, just give details and ask here. I will be happy to try to help.
MariaEU wrote:
Mon May 28, 2018 12:52 pm
Hi Caravel88!

Thank you so much for your reply. I have not yet done that actually. Our problem is since my husband just arrived about a month and a half ago, he is still looking for local work. And we've read that he needs to be employed for that. I've been reading online that this is a common predicament for Spanish citizens trying to bring their spouses to Spain. If he is unable to find local work in the next month or so, what will happen to me? Will I need to leave? Or can I stay but without a residency card meaning I won't be able to open bank accounts, work, etc?

We both have remote work. I work remotely as an accountant for a Canadian company and he works remotely as a Web developer for an American company so we do have income. Does that count for anything?

Thanks again for your response.

MariaEU
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Posts: 4
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Spain

Re: Residence card for non eu spouse Overstay

Post by MariaEU » Mon May 28, 2018 9:43 pm

Hi Caravel88!

Thank you so much for your reply. I really appreciate your help and advice.

Unfortunately, my husband has not been in the EU for the last 8 years. He was in Australia then the United States so I'm afraid that directive won't help us :( We're working remotely full time so we have a salary that can sustain us but with the cost of moving overseas our liquidity isn't so good at the moment. Maybe in a month we can show more cash in our bank statements. We did register ourselves in the registry in our suburb (empadronamiento). Is that the same thing you're pertaining to? Did I understand you correctly -- I can work? I had no idea; I thought I needed the residency card for that!

You're right it is important not to stress and to stay hopeful and on top of everything! And thanks to you for all the advice is it lessening my anxiety! :D

Caravel88
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Re: Residence card for non eu spouse Overstay

Post by Caravel88 » Tue May 29, 2018 8:13 am

About you being employed, I am not sure to be honest since you may not be there under the directive.

Either way, if you have issues with your husband getting a job locally to satisfy a financial requirement, remote employment where you can show regular income by bank records etc. should satisfy it.
Just find out how to be "self employed" in Spain.
There should be a very simple version of this akin to a sole trader.

By the way,

What is the exact type of visa issued to you?
And Did you tell them that you intended to relocate to Spain and not just visit?

Also: Besides registering the marriage in Spain, what did the authorities tell you that you needed to do in order to get a residence permit?
MariaEU wrote:
Mon May 28, 2018 9:43 pm
Hi Caravel88!

Thank you so much for your reply. I really appreciate your help and advice.

Unfortunately, my husband has not been in the EU for the last 8 years. He was in Australia then the United States so I'm afraid that directive won't help us :( We're working remotely full time so we have a salary that can sustain us but with the cost of moving overseas our liquidity isn't so good at the moment. Maybe in a month we can show more cash in our bank statements. We did register ourselves in the registry in our suburb (empadronamiento). Is that the same thing you're pertaining to? Did I understand you correctly -- I can work? I had no idea; I thought I needed the residency card for that!

You're right it is important not to stress and to stay hopeful and on top of everything! And thanks to you for all the advice is it lessening my anxiety! :D

MariaEU
Newly Registered
Posts: 4
Joined: Sun May 27, 2018 4:54 pm
Spain

Re: Residence card for non eu spouse Overstay

Post by MariaEU » Tue May 29, 2018 12:17 pm

Hi Caravel88!

Yes! We will definitely look into how he can register himself as self-employed here in Spain. Thanks for that advice!

When I went to the consulate I told them that I was relocating here with my husband. However since we did not have the libro de familia yet because we haven't registered our marriage, they said I cannot apply for the one-time entry national visa and they said to apply for a Schengen tourist visa instead, which I did. The agent at the consulate told me that we had to register our marriage asap and that I had to go to the immigration office here to register myself. I think this is the same process you were pertaining to.

Just out of curiosity, what happens if 90 days has gone by and I haven't registered myself at the immigration office? Not that I'm planning to do it. I just want to know what will happen in case they make it difficult for us because of the whole employment situation. Will my status here be illegal?

Thanks again for your help!! We have a long road ahead (hopefully not too many roadblocks) but we're not getting discouraged! Whatever happens we just don't want to be apart! :D

Caravel88
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Re: Residence card for non eu spouse Overstay

Post by Caravel88 » Tue May 29, 2018 1:24 pm

If you make the "demand" for the residence and start the process, even if you don't get it in time, there would be no issues.

If you don't make the demand at all, I am not sure really. It could cause issues.
Since your husband is Spanish I don't think you'd be in much trouble though.
If I were you I would contact the relevant Spanish authorities and ask this and all your questions.

By the way, if you are not covered under 2004/38/EC, the 90 day thing won't apply to you or your husband. So just keep contacting anyone and everyone on multiple fronts to get things sorted without letting bureaucracy stall you too much.

If push comes to shove, go to Lisbon (or France, Italy etc.), get a place and register there under 2004/38/EC, then come back to Madrid after 3 months of living and working (again, self-employed is fine).
MariaEU wrote:
Tue May 29, 2018 12:17 pm
Hi Caravel88!

Yes! We will definitely look into how he can register himself as self-employed here in Spain. Thanks for that advice!

When I went to the consulate I told them that I was relocating here with my husband. However since we did not have the libro de familia yet because we haven't registered our marriage, they said I cannot apply for the one-time entry national visa and they said to apply for a Schengen tourist visa instead, which I did. The agent at the consulate told me that we had to register our marriage asap and that I had to go to the immigration office here to register myself. I think this is the same process you were pertaining to.

Just out of curiosity, what happens if 90 days has gone by and I haven't registered myself at the immigration office? Not that I'm planning to do it. I just want to know what will happen in case they make it difficult for us because of the whole employment situation. Will my status here be illegal?

Thanks again for your help!! We have a long road ahead (hopefully not too many roadblocks) but we're not getting discouraged! Whatever happens we just don't want to be apart! :D

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