# Help needed. Non EU spouse in Spain



## jonoiv (Dec 16, 2015)

Hello

2nd post here, come here hoping someone can help us and has experience of dealing with Spanish authorities. 

I am from the UK and my wife is Ukrainian we were in the UK since 2012 together but due to new immigration rules my wife was told to leave the UK in Sept 2015. We intended to move to the Netherlands but due to the Syrian crisis finding accommodation is almost impossible so after a month in a Hotel / Tent . We moved to Spain in a rush.


Now we are living in Cornella de llobregat, and in the first week of arrival (10th October) we booked the earliest appointment for getting the NIE number which was on the 6th December 2015. In the appointment the authorities said they will give me an NIE but not my wife because I have no job here. They said i need 8400 euros in the bank to get the NIE for both of us and 5007 euros for just me. At the time i only had 5050 euros remaining. So they only issued me with the NIE. 

My wife needs to get an EU family members Residence card. using the EX19 form. However the problem here is twofold. 

Firstly, we have been told the appointment can *only *be at Barcelona office, and there are no appointments available. Every time we try to book we get the same message.









"no appointments available"

We booked at Tarragona, but were told we could not attend, because it should only be Barcelona office. 

Secondly, my wife can't complete the application form fully as the Spanish authorities won't issue here with the NIE number, which is required to fill out the EX19 form. 

extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/imprimibles/19-Tarjeta_familiar_comunitario_imprimible.pdf

According to the Spainsh authorities own rules, the should accept proof of property ownership as fulfillment of EX19 / family residence card conditions.

extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja103/#documentacion



> Documentación que acredite disponer de recursos suficientes para el ciudadano de la Unión y sus familiares para el periodo de residencia en España. Se podrá acreditar por cualquier medio de prueba admitido en derecho, tales como títulos de propiedad, cheques certificados, documentación justificativa de obtención de rentas de capital o tarjetas de crédito con certificación bancaria que acredite la cantidad disponible como crédito de la citada tarjeta.


Yet when we had our original appointment on 6th Dec. they said having property is does not count and they won't accept it. 

My wife's Schengen visa will expire in 4 days. The EU help service has told us that she can stay in Spain without a visa as we are married in the UK and have our documents (marriage cert) with us, translated into Spanish. However Spanish authorities have said *she must leave Spain before her visa expires.*. 

So my questions are;

1. Does anyone know for sure if the NIE number is 100% needed as a prerequisite for the EU family members residence card? 

2. Why can't I prove resources with my UK property deeds?

3. How can we get the appointment in Barcelona office? We have been trying to book now for 10 days, and always get the "no appointments available" message. 

I am really scared now, can anyone help?


----------



## Helenameva (Aug 15, 2014)

I can't help with most of your queries, sorry. From experience I know getting an appointment and then being able to get your NIE and/or name on the EU register list is a massive pain in the arsenal. I sorted mine in Vilanova I la Geltrú without an appointment, but I live close enough for them to see me. Perhaps you wouldn't be so lucky, you could try though if you are desperate. I've heard you can also try at Comisaria de Policia de Sant Adria de Besos. You don't need an appointment, just get there before half 8 on Monday to get a ticket to get yourself in the queue, you then wait in a cafe nearby because the official NIE place doesn't open until 11am. 

There also an app called Cita Previa apparently, if central BCN is your only option. Again, you need to do it first thing on Monday mornings to have a chance.


----------



## jamoct (Nov 6, 2015)

jonoiv said:


> My wife's Schengen visa will expire in 4 days. The EU help service has told us that she can stay in Spain without a visa as we are married in the UK and have our documents (marriage cert) with us, translated into Spanish. However Spanish authorities have said *she must leave Spain before her visa expires.*.
> 
> So my questions are;
> 
> ...


I am a non-EU Spouse of a Spanish national, which also counts as any EU national. For your questions...

1. NIE will be provided for your spouse when she starts the process of applying using EX-19. Your spouse will not need the NIE, just a valid passport number. When you complete the documents for her, then the NIE will be given to her as a card (tarjeta), if the result of the application will be approved. 

2. Resources should be either money (8000 Euros was quoted to us) + private health insurance for your spouse OR job offer/contract for you as you are the one sponsoring her. I had problems with this currently, as my husband was still looking for employment and now he found one (yay!). We were given a certificate of employment from the new company as his contract will be given to him on his 1st day of work next month.

3. It is really hard to avail an appointment, believe me. However, they reset the appointment schedules every Monday starting 8:00 AM. Well, for me, what I did was to keep on trying the cita previa on the net, found one within an hour of non-stop clicking though. Usually when an open sched is available, it's two weeks away from the date you tried. When you see one that is available, better hurry to complete all the details! Good luck!

And yeah, us spouses can stay here even if our visa has expired, as long as we applied for the tarjeta de residencia before the visa expiration. Even if it's still in process, she can stay.


----------



## jamoct (Nov 6, 2015)

Also,

"Secondly, my wife can't complete the application form fully as the Spanish authorities won't issue here with the NIE number, which is required to fill out the EX19 form."

Leave the NIE info blank. They just need the passport number if she does not have any previous NIE.


----------



## jamoct (Nov 6, 2015)

EX-19 applications are only done at Murica 42, Barcelona, I think.  That's where we are currently applying at.


----------

