# I'm so depressed about all this rules and I need help please



## Marry ann (Jan 17, 2019)

I'm a British citizen and I'm married to my Moroccan husband 6 years ago and duo to my financial situation we couldn't be together ..he moved to spain like 2 years ago and I go to see him as he is illegal there..my question is what I suppose to do to bring my husband here to me...i have asked a lawyer and he said that I need to go there and do my Spanish citizen so my husband could get his papers and after that we can apply to a spouse visa..but the problem is to have that Spanish citizen card I need to present them a job contract..my husband found me a job contract as I will look after an old lady...but the issue is I'm claiming benefits ( esa.dla.housing )here in UK sooo how that could work for me...is there gonna be a problem for me to go to spain and sort all that out for us as to be honest I'm so sad and hated my life because of this situation. I'm on a bad depression ...please help me


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## mrypg9 (Apr 26, 2008)

Marry ann said:


> I'm a British citizen and I'm married to my Moroccan husband 6 years ago and duo to my financial situation we couldn't be together ..he moved to spain like 2 years ago and I go to see him as he is illegal there..my question is what I suppose to do to bring my husband here to me...i have asked a lawyer and he said that I need to go there and do my Spanish citizen so my husband could get his papers and after that we can apply to a spouse visa..but the problem is to have that Spanish citizen card I need to present them a job contract..my husband found me a job contract as I will look after an old lady...but the issue is I'm claiming benefits ( esa.dla.housing )here in UK sooo how that could work for me...is there gonna be a problem for me to go to spain and sort all that out for us as to be honest I'm so sad and hated my life because of this situation. I'm on a bad depression ...please help me


Your situation sounds complicated.
A few points: not all of the benefits you currently claim in the UK are transferrable to Spain. Also, getting a job contract will not give you Spanish citizenship.
You haven’t made it clear whether you want your husband to join you in the UK or whether you want to join him in Spain.
Either way, you really need professional legal advice.


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## Bevdeforges (Nov 16, 2007)

The "other" approach would be for your husband to find out what he'd need to do to legalize his situation in Spain, and then you could join him there. Taking citizenship in Spain (or anywhere else) normally requires a few years of living there legally, but if he were in legal status in Spain you could join him there. (How easy or difficult this would be may depend on how this Brexit thing gets sorted out or resolved.)


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## Lynn R (Feb 21, 2014)

Obtaining Spanish citizenship would require you (as a British citizen currently) to have lived in Spain (legally registered as a resident) for at least 10 years, and to pass an examination on Spanish history and culture, plus hold a qualification of at least A2 level in the Spanish language.

If you mean become a resident of Spain, rather than a citizen, then in order to register as a resident (even before Brexit, the requirements will be more onerous afterwards) you would be required to demonstrate proof of a minimum income of around €7,000 annually plus, if you are under UK state retirement age and not in receipt of a UK state pension, have private medical insurance with no co-payments in place. You could fulfill the requirements if you could show that you have a job here and are paying Spanish social security contributions, but would the type of job you describe, as a carer in an individual's home, include having employer's social security contributions paid? Very few of them do. Your disability living allowance benefit may be exportable to Spain (you need to check with the DWP about that) but the ESA would not be, and housing benefit does not even exist in Spain.

This isn't likely to make you feel any less depressed, I am afraid, but it is important that you know the facts.


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## Marry ann (Jan 17, 2019)

Thank u so much for your help
Yes I meant that I wanna be a resident of Spain and about a job there yeah they will sort me all and pays for the Spanish social security...
To be honest I just wanna do this to be able to bring my husband later here to live with me in England.. my plan is to go to spain for like a month and sort all out and then come back home and then wait till my husband get his Spanish papers thrue me and then apply for a spouse visa to bring my husband here as im exempt from financial requirements...but am I allowed to have all my benefits back if I left spain after a month and give them back my Spanish residency..is the authority here gonna know that I worked there ????
Thank u so much


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## Megsmum (Sep 9, 2012)

Marry ann said:


> Thank u so much for your help
> Yes I meant that I wanna be a resident of Spain and about a job there yeah they will sort me all and pays for the Spanish social security...
> To be honest I just wanna do this to be able to bring my husband later here to live with me in England.. my plan is to go to spain for like a month and sort all out and then come back home and then wait till my husband get his Spanish papers thrue me and then apply for a spouse visa to bring my husband here as im exempt from financial requirements...but am I allowed to have all my benefits back if I left spain after a month and give them back my Spanish residency..is the authority here gonna know that I worked there ????
> Thank u so much



Benefits depend on which benefit. These are questions you should ask your local office not a spanish forum, most on here live in Spain and have no real connections with the benefit system in the U.K. 

Also, it’s doubtful you will get all that paperwork done for you and your spouse in one month and your plan may not work post Brexit which is in 70 days 

And yes. If you have a Spanish contract then you will be paying Spanish taxes or at least registered with the system


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## nigele2 (Dec 25, 2009)

Megsmum said:


> Benefits depend on which benefit. These are questions you should ask your local office not a spanish forum, most on here live in Spain and have no real connections with the benefit system in the U.K.
> 
> Also, it’s doubtful you will get all that paperwork done for you and your spouse in one month and your plan may not work post Brexit which is in 70 days
> 
> And yes. If you have a Spanish contract then you will be paying Spanish taxes


I agree with Megs mum but on the tax issue you may be below declarable tax limits. I might be snatching at straws but let no stone stay unturned.

But I was writing as Megsmum posted so in the hope it helps:

MaryAnn this plan I’m sorry to say sounds rather floored. It appears to involve benefit fraud, although I appreciate you do not aim to extract additional funds from the system. It also depends on a timescale that I think is not realistic. And it assumes processes I’m dubious about.

But never let one step backwards interfere with the path of love.

Questions:

where were you married? 
is your husband an economic migrant, or are there other circumstances? (just yes or no, do not give details here).
does your husband have multiple language and/or other skills?

No need to answer these questions here but think about them and other possibilities than Spain.


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## Megsmum (Sep 9, 2012)

Edited my post re tax


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## mrypg9 (Apr 26, 2008)

“One of the very unfair things about our current system is, for example, if you want to marry and bring in someone from a country outside of the EU, you have to have a salary of over £18,600…. 47% of the population are not going to earn enough money to be able to bring in a wife or a husband from a country outside of the EU.”

Caroline Lucas MP, 26 April 2018


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## xabiaxica (Jun 23, 2009)

Marry ann said:


> Thank u so much for your help
> Yes I meant that I wanna be a resident of Spain and about a job there yeah they will sort me all and pays for the Spanish social security...
> To be honest I just wanna do this to be able to bring my husband later here to live with me in England.. *my plan is to go to spain for like a month and sort all out and then come back home and then wait till my husband get his Spanish papers thrue me* and then apply for a spouse visa to bring my husband here as im exempt from financial requirements...but am I allowed to have all my benefits back if I left spain after a month and give them back my Spanish residency..is the authority here gonna know that I worked there ????
> Thank u so much


That won't work.

You have to be in Spain while his resident visa as your spouse is being processed, which can take quite some time. You also have to prove that you can financially support him in Spain.

You'll be registering as resident in Spain, & legally you have to tell the benefits department in the UK that you are moving to another country.


If you're exempt from the financial requirements in the UK, why don't you simply apply for the spouse visa there?


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## el pescador (Mar 14, 2013)

mrypg9 said:


> “One of the very unfair things about our current system is, for example, if you want to marry and bring in someone from a country outside of the EU, you have to have a salary of over £18,600…. 47% of the population are not going to earn enough money to be able to bring in a wife or a husband from a country outside of the EU.”
> 
> Caroline Lucas MP, 26 April 2018


This was brought in by......Theresa mayhem when she was in that department.

I was considering returning to the uk with my non eu (not yet wed) gf as the business was failing.
But we both have work atm and would prefer to stay here.
If you have work or pay autonomo (needs to be legit though so you can show accounts to uk immigration) then there is a loophole.
But imo the op has left this way too late unless they delay the leave date.


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