# Residence Permit through marriage



## BEGLODN68 (Jun 12, 2014)

Hi All, 
We got married in Spain last year and currently we are on expat assignment in China. I would like to know if there is a physical presence requirement for holder of the residence permit, i.e. if I possess the residence permit, do I need to stay in Spain over certain amount of time through out the year? 
Will they revoke my residence permit?

I am asking is because we want to have joint bank account, and checking with our bank in Spain, they require my residence permit number or I can't put on my spouse's existing account. Just the NIE isn't sufficient. 

Thank you.


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## xabiaxica (Jun 23, 2009)

BEGLODN68 said:


> Hi All,
> We got married in Spain last year and currently we are on expat assignment in China. I would like to know if there is a physical presence requirement for holder of the residence permit, i.e. if I possess the residence permit, do I need to stay in Spain over certain amount of time through out the year?
> Will they revoke my residence permit?
> 
> ...


:welcome:



do you have a resident permit in Spain, as the spouse of an EU citizen?


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## BEGLODN68 (Jun 12, 2014)

I didn't apply for resident permit as my visit to Spain has been quite sporadic. We are currently residing in China and we don't intend to live in Spain anytime soon. 
We will be in Spain this Fall for a few weeks, I am just wondering if I receive the resident permit in Fall, will I need to stay in Spain over certain number of days a year to keep it? 

Thank you.


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## xabiaxica (Jun 23, 2009)

BEGLODN68 said:


> I didn't apply for resident permit as my visit to Spain has been quite sporadic. We are currently residing in China and we don't intend to live in Spain anytime soon.
> We will be in Spain this Fall for a few weeks, I am just wondering if I receive the resident permit in Fall, will I need to stay in Spain over certain number of days a year to keep it?
> 
> Thank you.


You can't apply for a resident permit unless your spouse is resident. From what you are saying, he isn't, unless I have misunderstood you


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## plvbr (Apr 1, 2014)

xabiachica said:


> You can't apply for a resident permit unless your spouse is resident. From what you are saying, he isn't, unless I have misunderstood you


(ps.: I decided to take advantage of this post because my question is about the very same subject, i.e., Residence permit through marriage)

Hi all,

I am Brazilian married to a Brit. Currently we reside in Brazil.

My wife and I are thinking about living in Spain next year. She can find a job very easily and quickly in Spain. I think I could find a job quickly as well (I work with IT), but I'm trying to figure out how much time I will need.

My understanding, based on this link (click) is that once I arrive in Spain, all I have to do is to provide them with all my documents, pay the fee and in 3 months I will have my residency permit. Is that correct?

Do I have to wait until my wife has some sort of "residency permit" in Spain herself? Or does such thing not exist?

Also, is it REALLY 3 months, or does it take longer due to paperwork and stuff? Has anyone done the same thing (with non-Spanish spouse I mean)

I am willing to spend up to 6 months without a job.

Thank you!


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## castaway06 (Jul 25, 2014)

Ok, Brazilian married to Brit - check - entry ok
What makes her think she can get a job easily here? Portuguese/Spanish there is a difference (and the Spanish really don't like the Portuguese)

As for IT jobs, unless your Spanish is really really good I'd spend a month getting a CELTA if I was you and find an academy to teach English at. I was in IT for 20 years in some high level positions for major multinationals, but my first few years here were spent teaching English .....

Sorry to burst your bubble, I don't mean to be negative, just realistic


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## xabiaxica (Jun 23, 2009)

plvbr said:


> (ps.: I decided to take advantage of this post because my question is about the very same subject, i.e., Residence permit through marriage)
> 
> Hi all,
> 
> ...


yes your wife does have to be a registered resident before you can apply - there are financial & healthcare requirements which she will have to fulfill before she can do so


3 months isn't necessarily 3 months - another member here just posted that she applied for her residency in the same situation - applied in March & received her residency card this month - so 5 or 6 months later

it actually says that you have to apply within 3 months, not that it takes 3 months to process an application - I've heard of cases which have taken much much longer 


as an aside - I'm curious as to what job your wife can find quickly & easily when there are so many unemployed here in Spain?


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## larryzx (Jul 2, 2014)

BEGLODN68 said:


> Hi All,
> We got married in Spain last year and currently we are on expat assignment in China. I would like to know if there is a physical presence requirement for holder of the residence permit, i.e. if I possess the residence permit, do I need to stay in Spain over certain amount of time through out the year?
> Will they revoke my residence permit?
> 
> ...


The clue is in the question 'Residencia' i.e. resident in Spain. If you are living in China it's obvious you are not. And even those who have residencia have restrictions on how long they can be outside Spain before they loose it.

Incidentally, l one does not have residence permit number. It is an NIE (Número de Identificación Extranjeros) which is the number shown on an NIE certificate for a non resident, in the case of a resident,on the EU Citizens Registration Certificate, or for an Non EU citizen on their 'Residencia'.


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## plvbr (Apr 1, 2014)

castaway06 said:


> Ok, Brazilian married to Brit - check - entry ok
> What makes her think she can get a job easily here? Portuguese/Spanish there is a difference (and the Spanish really don't like the Portuguese)
> 
> As for IT jobs, unless your Spanish is really really good I'd spend a month getting a CELTA if I was you and find an academy to teach English at. I was in IT for 20 years in some high level positions for major multinationals, but my first few years here were spent teaching English .....
> ...


There's no problem "bursting my bubble", I actually appreciate the truth. I just don't understand the need to be sarcastic... 

Here are my answers:

1. At no point I suggested the Spanish immigration would say "Brazilian married to Brit - check - entry ok". If I were that sure I wouldn't have posted what I posted, would I? 

2. I speak fluent Spanish. Do you think you couldn't find a job because of the language only? 

3. You mentioned the CELTA as a way for me to get a job. My wife has a CELTA and that's why I said she would find a job easily there. We've checked online and there are many jobs in Spain for a CELTA qualified English teacher. If a CELTA was your way to get around, then you've just proved to me that I was right about my wife. Thank you

4. As I said, I am Brazilian, not Portuguese.


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## plvbr (Apr 1, 2014)

xabiachica said:


> yes your wife does have to be a registered resident before you can apply - there are financial & healthcare requirements which she will have to fulfill before she can do so
> 
> 
> 3 months isn't necessarily 3 months - another member here just posted that she applied for her residency in the same situation - applied in March & received her residency card this month - so 5 or 6 months later
> ...


Hi xabiachica, thanks for your reply.

Where can I find information about these financial requirements?

On this link it does say that the residency card comes in 3 months, no?

_La expedición de la tarjeta de residencia de familiar de ciudadano de la Unión deberá realizarse en el plazo de los tres meses siguientes a la presentación de la solicitud_

(NOTE: this is not referring to APPLYING in three months, but ISSUING the card in three months. The application is on a different line: _La solicitud de la tarjeta de residencia de familiar de ciudadano de la Unión deberá presentarse personalmente por el familiar en el plazo de tres meses desde la fecha de entrada en España_)

My wife is a qualified English teacher with long experience. Since English teaching jobs are a bit seasonal and temporary, I believe in the long term she will have had a few jobs.

Thanks


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## xabiaxica (Jun 23, 2009)

plvbr said:


> Hi xabiachica, thanks for your reply.
> 
> Where can I find information about these financial requirements?
> 
> ...


as I said, for another poster on this forum in your position it took 5 months before the card was issued - & I have heard of cases which have taken longer - & also some which have been refused


I don't know what the financial requirements are - the local extranjería will tell you - that will vary from office to office more than likely - it certainly does for EU citizens wanting to register


this is the kind of job your wife might be offered with a CELTA - take a read of the thread - can you both live on that income? http://www.expatforum.com/expats/sp...-living-spain/513266-decisions-decisions.html

your wife will have to register as resident before your paperchase can begin..... & she must register within 3 months of coming here

she will need to have contracted employment or prove an income of +/-650e a month &/or 6000€ in a Spanish bank account - that varies from office to office. For two EU citizens registering as a couple, I've heard figures between 800€ a month &/or 8000€ in the bank to 1200€ a month &/or 12000€ in the bank - so it might be more if one is non-EU

she will also need healthcare provision - that will be covered if she has contracted employment, but if she doesn't, she will need private healthcare


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## larryzx (Jul 2, 2014)

QUOTE _La expedición de la tarjeta de residencia de familiar de ciudadano de la Unión deberá realizarse en el plazo de los tres meses siguientes a la presentación de la solicitud

(NOTE: this is not referring to APPLYING in three months, but ISSUING the card in three months. The application is on a different line: La solicitud de la tarjeta de residencia de familiar de ciudadano de la Unión deberá presentarse personalmente por el familiar en el plazo de tres meses desde la fecha de entrada en España)_


Sorry to disagree. But I am sure that translation is that the application must made within 3 months of arrival in Spain. It will be issued, supplied, when the process is complete. Which could take some longer period.

My wife is non EU. She arrived in Spain in 2006.


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## xabiaxica (Jun 23, 2009)

larryzx said:


> QUOTE _La expedición de la tarjeta de residencia de familiar de ciudadano de la Unión deberá realizarse en el plazo de los tres meses siguientes a la presentación de la solicitud
> 
> (NOTE: this is not referring to APPLYING in three months, but ISSUING the card in three months. The application is on a different line: La solicitud de la tarjeta de residencia de familiar de ciudadano de la Unión deberá presentarse personalmente por el familiar en el plazo de tres meses desde la fecha de entrada en España)_
> 
> ...




larry - are you using a computer?

if so, please use the







when quoting

if using an app, there is still a quote option but it varies with the different apps


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## larryzx (Jul 2, 2014)

xabiachica said:


> larry - are you using a computer?
> 
> if so, please use the
> 
> ...


No. Hablo español, por su puesto. Hace quince años, soy interprete voluntario con la policía nacional


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## xabiaxica (Jun 23, 2009)

larryzx said:


> No. Hablo español, por su puesto. Hace quince años, soy interprete voluntario con la policía nacional


yes I know - you told us


& I should delete that under rule 6...........


please use the quote button though - then we all know where we are


you can't mess it up more than our mrypg - can he mary


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## larryzx (Jul 2, 2014)

xabiachica said:


> yes I know - you told us
> 
> & I should delete that under rule 6...........
> 
> ...


OK so heads I loose, tails you win.

However, I did use the quote button I believe, but then deleted all the info to which I was not referring, so as to concentrate attention to what I was actually replying to. Or Is that not permitted too ?

And maybe (under rule 1, _" ,,,,,, with respect, and without insult or personal attack .... " _ ) I should get an apology for being accused of using a translation prog when I did not. !


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## xabiaxica (Jun 23, 2009)

larryzx said:


> OK so heads I loose, tails you win.
> 
> However, I did not use a quote so why should I use the quote button ?
> 
> And maybe (under rule 1, _" ,,,,,, with respect, and without insult or personal attack .... " _ ) I should get an apology !


_when _you quote :doh:

& you seem to have got it now


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## larryzx (Jul 2, 2014)

larryzx said:


> And maybe (under rule 1, _" ,,,,,, with respect, and without insult or personal attack .... " _ ) I should get an apology for being accused of using a translation prog when I did not. !


But I did not get the apology, for being incorrectly accused of using a translation prog.

PS Sorry for following you off thread.


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## xabiaxica (Jun 23, 2009)

larryzx said:


> But I did not get the apology, for being incorrectly accused of using a translation prog.
> 
> PS Sorry for following you off thread.


did I suggest that?


I don't think so.....

I just asked that you show when you are quoting something


if another poster, then the










& if from somewhere else - then the







& ideally a link to the source 


anyway :focus:


does anyone have any more info about bringing a non-EU spouse to live in Spain?


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## larryzx (Jul 2, 2014)

xabiachica said:


> larry - are you using a computer?........................
> 
> s


I assumed that when you asked if I am using a computer, which would seem pretty obvious smoke signals don't work, that you were implying I had used a computer translation prog. to see what was 'quoted in Spanish' in the post to which I was replying, and which you had also quoted, despite it being in Spanish, and thus, as you reminded me, contrary to rule 6. 

If I wrong them I apologise


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## xabiaxica (Jun 23, 2009)

larryzx said:


> I assumed that when you asked if I am using a computer, which would seem pretty obvious smoke signals don't work, that you were implying I had used a computer translation prog. to see what was 'quoted in Spanish' in the post to which I was replying, and which you had also quoted, despite it being in Spanish, and thus, as you reminded me, contrary to rule 6.
> 
> If I wrong them I apologise


no, not at all - just that there are different ways of quoting depending on whether you use a computer, ipad, phone whatever


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## larryzx (Jul 2, 2014)

BEGLODN68 said:


> Hi All,
> We got married in Spain last year and currently we are on expat assignment in China. I would like to know if there is a physical presence requirement for holder of the residence permit, i.e. if I possess the residence permit, do I need to stay in Spain over certain amount of time through out the year?
> Will they revoke my residence permit?
> 
> ...


I think may be this question has not been answered.

From what I think you say, you are registered as an EU citizen Resident in Spain and you want your spouse to have a joint account with you ?

If that is your question, then the answer is that for joint account both parties must be either resident or non resident. You cannot mix the two. 

So either you must renounce your resident's registration, or your spouse must apply for Non EU Citizen *residencia*

However, I (a resident) have power of attorney for my son, who is non resident and that permits me to operate his non res. bank account.

To hold a non residents account, either jointly or otherwise, you would need to produce a non resident cert (I believe every two years). The bank, for a fee, can obtain it for you if you are not in Spain.

As I mentioned previously, there are conditions for sure on a non EU citizen who has *Residencia* re. being absence from the country for certain periods, but I am not up to date on them. I would believe there would also be rules on absence which apply to EU citizens who are registered as being resident in Spain. I will enquire next week when I am working at the police station and let you know.

I hope that helps.

Larry


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## larryzx (Jul 2, 2014)

larryzx said:


> .................................. I believe there would also be rules on absence which apply to EU citizens who are registered as being resident in Spain. I will enquire next week when I am working at the police station and let you know.
> 
> I hope that helps.
> 
> Larry


 BEGLODN68

I was at the National Police today so I enquired. 

An EU citizen, registered as being 'resident' in Spain, cannot loose that registration if they spend time outside Spain. To the contrary in fact. If they want to cease to be a 'resident' they must cancel the registration.

I hope that helps.

Larry


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## xabiaxica (Jun 23, 2009)

larryzx said:


> BEGLODN68
> 
> I was at the National Police today so I enquired.
> 
> ...



interesting - so once you've registered as resident you can leave & come back years later & still be registered


wouldn't TPTB wonder where you'd been & why you hadn't been submitting tax returns?


& I think I'd be correct in saying that it doesn't apply to non-EU residents? I'm pretty certain that there are restrictions in that case, as you said

BEGLODN68 is a non-EU spouse of an EU citizen - & in any case hadn't applied for residencia at the time of posting


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## larryzx (Jul 2, 2014)

xabiachica said:


> & I think I'd be correct in saying that it doesn't apply to non-EU residents? I'm pretty certain that there are restrictions in that case


Yes that was why in my post I said, "_As I mentioned previously, there are conditions for sure on a non EU citizen who has Residencia regarding being absence from the country for certain periods, but I am not up to date on them_"

On EU residents being absent from Spain. 

Of course if a person has their 'centre of economic activities in Spain' or their family live in Spain, then they are considered as tax resident, albeit, that they themselves do not live in Spain. However, there maybe cases where one can argue that is not so, in which case the tax authorities in both countries would come to agreement as to where tax must be paid.


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