# Residency advice needed



## Rob Escoces (Mar 5, 2020)

Hello everyone, another one here looking for advice. I intend to move to Spain in October, I would like to know if it is worth it and how difficult it is to get residence as self-emloyed. My wife is the mother of a spanish born minor , maybe it would be easier to wait for her to join me...I really don´t know much about the rules and would appreciate all advice.


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## Pesky Wesky (May 10, 2009)

Have you looked at recent threads about the same issue Rob?


https://www.expatforum.com/expats/s...286-thinking-moving-spain-need-some-info.html




https://www.expatforum.com/expats/spain-expat-forum-expats-living-spain/1503214-residencia.html
The information you need will depend on your nationality, I'm presuming you're British.


Not sure what you mean by "Is it worth it?" In what sense?


If the minor was born of non Spanish parents then the child does not have any rights to Spanish nationality; it's blood not soil that's important.


It will be very, very difficult for you to get employment , at least legal employment as self employed, or do you mean that you'd telework work for a British based company?


Also look at the sticky at the top of the page called FAQ's for more info!


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## kaipa (Aug 3, 2013)

If your wife's child is already residing in Spain then your wife would be able to join them and you yourself being her husband would have right to residency also. However, if you mean that your wife's child resides in uk and your wife is not Spanish I don't think that you can use a minors nationality claim to move to spain.
As for self-employed: you would need to set that up and trade for a number of months in spain to show an adequate income to acquire residency. Your best route would be for your Wife to move to spain with her child ( I assume she has custody). Register the child as a Spanish citizen ( I am assuming the father is Spanish) then your wife would claim as the primary carer. Finally you claim as husband of wife. All quite awkward I am afraid.


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## kaipa (Aug 3, 2013)

I should point out that if you mean that the child was born in spain to non spanish parents then I am afraid the child does not have automatic residency rights.


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## xabiaxica (Jun 23, 2009)

kaipa said:


> I should point out that if you mean that the child was born in spain to non spanish parents then I am afraid the child does not have automatic residency rights.


No, not automatic as such. 

However after a year of residency the parents can apply for Spanish nationality on the child's behalf


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## kaipa (Aug 3, 2013)

Yes, that is true but the family would need to have obtained residency before that and have done so independently of the child's pending claim


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## xabiaxica (Jun 23, 2009)

kaipa said:


> Yes, that is true but the family would need to have obtained residency before that and have done so independently of the child's pending claim


Also the child. 

When I say resident, I mean 'legal & registered' residency.


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## Rob Escoces (Mar 5, 2020)

Let me explain a little better. My wife is Peruvian and at the moment we are in Peru, her son who is now 15 was born in Barcelona and has a Spanish passport and legal nationality. I am from Scotland and a UK passport holder. We are looking at the least difficult way of getting us all there the soonest possible. I work as a guitar tech and bassist right now, but have lengthy experience as a contracts, and health and safety, manager in forestry and construction. So I would be looking at either self-employed or taking any kind of work, I have also worked as a bodyguard/driver. I need to be there and have started the paperwork before 31st Dec obviously and depending on finances my wife and son would go with me or more likely a month or two after me. So any help would be very much appreciated. Thank you all for your comments .


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## Rob Escoces (Mar 5, 2020)

I forgot to ask...What is the correct order of getting NIE/TIE, Padron etc? And what does one need for each step?


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## kaipa (Aug 3, 2013)

I am not sure but I dont think you could move to spain and establish residency on the basis of your wife's son being Spanish. If the childs father was Spanish and resided in Spain there might be a case if the child wished to live with the father but I doubt it. For example, I can not go with my son and live in Denmark because he has a Danish passport. I think you will have to try and get EU residency before Dec 31st. If you dont have sufficient savings which you could use to establish financial security you will need either a work contract or a genuine automino. Given your profesional skills that sounds hard. If you wife is south american she would probably stand a better chance as ties between south America and spain are strong and certain work visas and temporary visas are available which allows them to reside in Spain. Another card up your sleeve would be if you speak high level Spanish as there are jobs available for bilingual speakers in areas like real estate etc. One thing is for sure you need to get things moving quickly if you wish to get everyone legally settled on your EU status.


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## kaipa (Aug 3, 2013)

Just seen another poster who says you can get residency on the child"s nationality in which case I stand corrected and you could all move together and better still you would not need to do so before 31 december. Also youight not need to meet strict financial requirements etc. So fingers crossed


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## Rob Escoces (Mar 5, 2020)

kaipa said:


> I am not sure but I dont think you could move to spain and establish residency on the basis of your wife's son being Spanish. If the childs father was Spanish and resided in Spain there might be a case if the child wished to live with the father but I doubt it. For example, I can not go with my son and live in Denmark because he has a Danish passport. I think you will have to try and get EU residency before Dec 31st. If you dont have sufficient savings which you could use to establish financial security you will need either a work contract or a genuine automino. Given your profesional skills that sounds hard. If you wife is south american she would probably stand a better chance as ties between south America and spain are strong and certain work visas and temporary visas are available which allows them to reside in Spain. Another card up your sleeve would be if you speak high level Spanish as there are jobs available for bilingual speakers in areas like real estate etc. One thing is for sure you need to get things moving quickly if you wish to get everyone legally settled on your EU status.


I speak fluent spanish


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## 95995 (May 16, 2010)

kaipa said:


> Just seen another poster who says you can get residency on the child"s nationality in which case I stand corrected and you could all move together and better still you would not need to do so before 31 december. Also youight not need to meet strict financial requirements etc. So fingers crossed


Yes, that is correct. The OP's wife seems to meet the requirement, but I suspect that means the OP should either move with her or join her after she moves. However in order to move before his wife does so, he could take advantage of the transition period and move before 31 December.

He speaks fluent Spanish and has certain qualifications, which may potentially be transferrable, but whether he could find work in his fields of expertise, or any work at all (I presume in Barcelona) I have no idea. 

Nonetheless, given the status of Covid-19 in Spain, I have no idea when he might be able to travel to Spain, but I suspect it is highly unlikely at least for some months, which means that he may have to wait until his wife relocates and move with her.


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## Rob Escoces (Mar 5, 2020)

EverHopeful said:


> Yes, that is correct. The OP's wife seems to meet the requirement, but I suspect that means the OP should either move with her or join her after she moves. However in order to move before his wife does so, he could take advantage of the transition period and move before 31 December.
> 
> He speaks fluent Spanish and has certain qualifications, which may potentially be transferrable, but whether he could find work in his fields of expertise, or any work at all (I presume in Barcelona) I have no idea.
> 
> Nonetheless, given the status of Covid-19 in Spain, I have no idea when he might be able to travel to Spain, but I suspect it is highly unlikely at least for some months, which means that he may have to wait until his wife relocates and move with her.


The way things seem to be going it looks like october or november before it will be possible to go......if I go before the end of december what exactly do I need in the way of permits etc?


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## 95995 (May 16, 2010)

OP you could potentially travel via the UK and spend I think 14 days there and then travel on to Spain as a UK citizen (before the end of the transition period), but who knows what might be the situation by the time you arrive, bearing in mind that part of Catalunya is currently in lockdown and the virus (first wave BTW) is still circulating in the EU, including Spain and the UK.


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## Rob Escoces (Mar 5, 2020)

EverHopeful said:


> OP you could potentially travel via the UK and spend I think 14 days there and then travel on to Spain as a UK citizen (before the end of the transition period), but who knows what might be the situation by the time you arrive, bearing in mind that part of Catalunya is currently in lockdown and the virus (first wave BTW) is still circulating in the EU, including Spain and the UK.


what would be the advantage of going via the UK?


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## Rob Escoces (Mar 5, 2020)

Is there any problem entering spain with a oneway ticket?


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## 95995 (May 16, 2010)

Rob Escoces said:


> what would be the advantage of going via the UK?


You would be moving in your own right as a UK citizen before the end of the transition period and avoiding the potential for the pandemic to be ongoing in Peru (though of course by the time you move there could be more pandemic issues in the UK and the border may be closed again). I am of course assuming that you are not the minor's father nor guardian and that you do not have Peruvian nationality. Spain's borders are currently open to those traveling from the UK, how long that will be the case, I have absolutely no idea, but I do know that it is widely accepted in the EU that the pandemic will really take off again around November. (I don't believe the EU/Spain has opened its borders to travellers from Peru - but as a UK citizen you should be able to enter the UK).

Frankly though, who can possibly know what the situation re borders will be in November?


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## 95995 (May 16, 2010)

Rob Escoces said:


> Is there any problem entering spain with a oneway ticket?


Entering which country with a one-way ticket?


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## Rob Escoces (Mar 5, 2020)

EverHopeful said:


> Entering which country with a one-way ticket?


Spain, as there should be no problem in UK as a returning resident/national


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## 95995 (May 16, 2010)

Rob Escoces said:


> Spain, as there should be no problem in UK as a returning resident/national


Subject to borders being open, I'll leave that to others to respond, albeit there are lots of threads on this forum dealing with the issue for Brits (and you are a Brit). Perhaps you could have a look at other threads on the Spain forum).


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## Pesky Wesky (May 10, 2009)

Rob Escoces said:


> Let me explain a little better. My wife is Peruvian and at the moment we are in Peru, her son who is now 15 was born in Barcelona and has a Spanish passport and legal nationality. I am from Scotland and a UK passport holder. We are looking at the least difficult way of getting us all there the soonest possible. I work as a guitar tech and bassist right now, but have lengthy experience as a contracts, and health and safety, manager in forestry and construction. So I would be looking at either self-employed or taking any kind of work, I have also worked as a bodyguard/driver. I need to be there and have started the paperwork before 31st Dec obviously and depending on finances my wife and son would go with me or more likely a month or two after me. So any help would be very much appreciated. Thank you all for your comments .


 Peruvians can get "doble nacionalidad". I would have thought that that would be the way to go...http://www.consulado.pe/es/Valencia/Documents/Conv_doble_nacionalidad.pdf


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## 95995 (May 16, 2010)

Pesky Wesky said:


> Peruvians can get "doble nacionalidad". I would have thought that that would be the way to go...http://www.consulado.pe/es/Valencia/Documents/Conv_doble_nacionalidad.pdf


But I don't think the OP has Peruvian nationality, at least he certainly has not indicated that he does, just that he has British nationality. It also seems to me, though I am not sure, that there is a requirement for a Peruvian to live in Spain for 2 years to qualify. However, I believe Peruvians can, in normal times, freely enter and take up residency in Spain.


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## Pesky Wesky (May 10, 2009)

EverHopeful said:


> But I don't think the OP has Peruvian nationality, at least he certainly has not indicated that he does, just that he has British nationality. It also seems to me, though I am not sure, that there is a requirement for a Peruvian to live in Spain for 2 years to qualify. However, I believe Peruvians can, in normal times, freely enter and take up residency in Spain.


His wife is Peruvian.


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## 95995 (May 16, 2010)

Pesky Wesky said:


> His wife is Peruvian.


She can enter (even during the pandemic because her son, who is a minor, and lives in Spain), he can enter with her as her husband, or follow her. Otherwise I believe the border with Peru is closed due to the extent of the virus in Peru. Being married to a Peruvian does not of itself mean that the OP has Peruvian nationality and he hasn't said that he does, though there would still be the question of the border being closed unless he has responsibility for his wife's son who, of the face of what he has told us, is not his son.


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## Joppa (Sep 7, 2009)

One possible way forward is for his wife to live in Spain for 2 years, get dual nationality with Spain, and after a further year the OP can be naturalised as Spanish. This does mean he will have to give up British nationality.


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## Pesky Wesky (May 10, 2009)

EverHopeful said:


> She can enter (even during the pandemic because her son, who is a minor, and lives in Spain), he can enter with her as her husband, or follow her. Otherwise I believe the border with Peru is closed due to the extent of the virus in Peru. Being married to a Peruvian does not of itself mean that the OP has Peruvian nationality and he hasn't said that he does, though there would still be the question of the border being closed unless he has responsibility for his wife's son who, of the face of what he has told us, is not his son.


The OP has not said his son is in Spain, but he has said "my son"
Anyway, way too complicated for me. Makes me realise how lucky I am now. I don't have to move around or deal with complicated family situations. I have even managed to keep my job up to now, although not sure about what will happen in the future.
Good luck to the OP, let us know what route you decide to take!


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## 95995 (May 16, 2010)

Pesky Wesky said:


> The OP has not said his son is in Spain, but he has said "my son"
> Anyway, way too complicated for me. Makes me realise how lucky I am now. I don't have to move around or deal with complicated family situations. I have even managed to keep my job up to now, although not sure about what will happen in the future.
> Good luck to the OP, let us know what route you decide to take!


He actually said



> My wife is the mother of a spanish born minor


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