# Getting married and tarjeta comunitaria in Spain



## dastan (Oct 24, 2014)

Hi,

I am hoping someone can help with some advice on navigating through a complex marriage/immigration issue I have as reading the official documents is making me more and more confused at the moment!

I am a British citizen and have lived in Spain for almost 2 years. During this time I have lived with my Brazilian partner who is on a student visa. We are wanting to get married here in Spain and for my partner to get a tarjeta comunitaria.

Our first issue is that to get married I, as the EU citizen, have to prove I am either working or have resources to stay in Spain without being a burden on the state. When I first moved to Spain I got a NIE as I was working, but I don't think I have a residence certificate. So first question-are these different?! As I no longer have a work contract I'm not sure if my NIE is enough to prove my residence here or if I will have to take the route of showing that I have sufficient resources to stay without working (I do have enough to fulfil the requirements but as it would involve me taking out medical insurance as well as a general hassle, I'd rather not if the NIE is enough on it's own!)

Secondly, once we are married how long is the tarjeta comunitaria given for? A lawyer told us 1 or 2 years, then 5 when it is renewed. However, some websites seem to suggest it is given for 5 years straight away.

Thirdly, we are thinking at some point in the next few years to return to the UK. Would my partner be able to come with me if she has the tarjeta comunitaria? In order to bring a spouse to the UK I would need to earn 18, 600 pounds per year so I was hoping that the tarjeta comunitaria would allow us a way round this rule as I do not earn that much money!

Thanks very much for any help


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## xabiaxica (Jun 23, 2009)

dastan said:


> Hi,
> 
> I am hoping someone can help with some advice on navigating through a complex marriage/immigration issue I have as reading the official documents is making me more and more confused at the moment!
> 
> ...


:welcome:

yes, they are different - a resident certificate is green, a NIE cert is white - which do you have?

if you don't have a resident cert you _might _find it difficult to get married here in any case - in many/most areas you have to prove that you have been resident for 2 years before you can marry here - although if you have been on the padrón all that time it would probably help

I believe that your new wife would be given right of residency for 5 years, if granted (certainly I know someone from outside the EU who has just moved here with her UK husband, & she has a 5 year tarjeta) - but other posters in that situation themselves would know for sure

if you do manage to marry here, & if you aren't registered, you will have to register in any case, before your then wife could, & you'll have to prove that you can support you both & that you both have healthcare provision 

as a married couple living & working here, should you want to later return to the UK, your wife's tarjeta here won't _entitle_ her to move to the UK , but you should look into the _Surinder Singh route_


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## dastan (Oct 24, 2014)

Thanks very much for the quick reply!

I have a small blue NIE card, a blueish copy of form modelo 790, and a white paper 'asignacion de numero de seguridad social'. So I think from that I am probably not formally resident. I have been empadronado since early in 2013 (so almost 2 years, and for certain we wouldn't get all our documents together before then anyway!). 

I guess if I am going to have to take out medical insurance to register I might as well do it sooner rather than later...and thanks for the Surinder Singh route advice, just had a brief look and it is a relief that at least it seems we have a way in.

If anyone could confirm the 5 years residency for my future wife that would be great. At present she has to renew every year and it is a complete hassle so if she got 5 years straight away it would help us enormously.

Thanks again!


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## xabiaxica (Jun 23, 2009)

dastan said:


> Thanks very much for the quick reply!
> 
> I have a small blue NIE card, a blueish copy of form modelo 790, and a white paper 'asignacion de numero de seguridad social'. So I think from that I am probably not formally resident. I have been empadronado since early in 2013 (so almost 2 years, and for certain we wouldn't get all our documents together before then anyway!).
> 
> ...


a small blue/green card? That sounds like it's a resident registration cert/card - they started producing certs with 'push-out' flimsy cards with thin plastic on one side a couple of years ago

what does it say on it?


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## dastan (Oct 24, 2014)

Ah yes, I hadn't actually read the card in a long time! It says 'certificado de registro de ciudadano' -it is a flimsy push out card with plastic on one side. That is very good news. 

As a further question then. I got this card as I had a job-I worked there for about 6 months but for the last year I have been self-sustaining. The card now also has an old address on it-my empadronamiento has just been updated with my new address. Would the card still be valid with an old address? And if not, do you know if the renewal means I would have to prove that I am now self-sufficient rather than working? Thanks again


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## xabiaxica (Jun 23, 2009)

dastan said:


> Ah yes, I hadn't actually read the card in a long time! It says 'certificado de registro de ciudadano' -it is a flimsy push out card with plastic on one side. That is very good news.
> 
> As a further question then. I got this card as I had a job-I worked there for about 6 months but for the last year I have been self-sustaining. The card now also has an old address on it-my empadronamiento has just been updated with my new address. Would the card still be valid with an old address? And if not, do you know if the renewal means I would have to prove that I am now self-sufficient rather than working? Thanks again


strictly speaking you are supposed to inform them of a change of address, though I don't know many who do

they shouldn't ask you to prove income again if you do, but if they do, as long as you have the funds they don't care where it comes from


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## dastan (Oct 24, 2014)

Great-thanks for all your advice!


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## Pesky Wesky (May 10, 2009)

xabiachica said:


> strictly speaking you are supposed to inform them of a change of address, though I don't know many who do
> 
> they shouldn't ask you to prove income again if you do, but if they do, as long as you have the funds they don't care where it comes from


I think that when you hand in your papers everything should have the same address on everything as they are fully justified in halting the whole process because of this difference.


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> I think that when you hand in your papers everything should have the same address on everything as they are fully justified in halting the whole process because of this difference.


yes, for when his then wife registers, you have a good point

though my resident cert has a previous address on it, & I've used that for official things since I moved - they were fine as long as I had the padrón cert as proof of address - the res cert was just proof that I'm registered


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