# Moving to Spain with non-EU Spouse & Stepdaughter



## rcnet (Dec 19, 2014)

Hello,

I'm a long time lurker but need some help. I've personally navigated the US Immigration system, and even done a California divorce myself - but the EU has me really confused. I've been reading all the posts here and talking to a solicitor in Ireland - but getting nowhere.

I'm an Irish citizen currently living in Colombia. I also have a US greencard which I am dumping. I have lived in the US for 13 years and we moved down here last January (I have been playing tourist in terms of Colombian visas) - I am sick of the states.

My girlfriend is a Colombian citizen. We''ve been together for 18 months and have a paper trail. She has a 7 year old child by someone else. We will have the cooperation of the father with forms as needed. Her and her ex have a stable situation over her daughter - and he will sign off whatever. She effectively is the sole custodian though not in law (Colombia requires 2, and she has not gotten it switched to her mum). the daughter visits the dad occasionally - it's very informal. We have not pushed for formal legal removal of all his rights as that would drag on forever and cost us his consent with moves and forms.

My original goal was to move to Ireland - I spent last month visiting Ireland bouncing between a solicitor and the citizens advice centre. All of which came to the same conclusion in their advice - 2 options.

A) Get in somehow, tourist visa and then do the paperwork in Ireland while she is technically illegal (creating school difficulties) - you can not convert a tourist visa to a longstay visa (which then is used to get the residency stamp) - new rule (most Irish visas have no basis in real law, just departmental procedures and statutory instruments - the system is utterly broken).

B) Or just go to Spain and later use treaty rights (Singh route).

It's crazy that the best Irish legal advice to avoid a 6 month separation (and possible $$ sponsorship issues, changings jobs and all my US bank statements are not paper based) is to either break Irish law or circumvent it! So we are going to go with plan B. Spain - either permanently or with a later view towards Ireland. Significant separation is not an option nor is having the child out of school too long.

We intend to get married in Colombia in a few weeks.

Does anyone here have personal or close family experience with:

*1) Invoking EU treaty rights, where the NON-EU Spouse has a child from another parent.* What Spain needs at the 2 steps, initial entry visa and later application for residency. And does Spain require she has 100% custody and the father officially surrender his rights (not easy!), or just that we get his formal permission for the minor to apple for residency in Spain (we have to get various permissions anyway to go on holidays, Colombia, sensibly, has a strong exit visa for minors without both parents)?

*2) Registering a Colombian (or other out of EU) marriage with Ireland to satisfy Spain* - Ireland says it has no role in registering foreign marriages - but Spain require it to be registered with my home nation. Can this be circumvented? I have read here that in our case getting married in Spain is not an option in our case (pity, as Schengen Tourist Visa goes away soon for Colombians). Also, Ireland has a brand new finance visa (nov 14) - but like everything in Ireland's civil "service", it is messed up and made up as they go along - for this brand new fiance visa they never thought of the situation of an existing child - the child can not enter on it, needs a NONTOURIST longterm visa which takes up to 6 months) - so getting married in Ireland is not an option.

*3) Registering with the town hall in Spain, and temporary leases...* Would we be able to rent something off AirBNB for a 2 months and that be acceptable, or do they require a long term sort of lease? I would prefer this as it gives us huge flexibility in getting to know a new area without commitment.

4) If we chose to stay in Spain, it is my understanding as an* Ibero-American* she will gain *Spanish citizenship* after (or 3?) years of legal residency? Is this true, and would it be the same for her daughter (also a colombian citizen)?

Thanks to this forum I know we can get into Spain really easily - But neither of us want to pull the trigger and get married here in Colombia or elsewhere until we have the full path clarified.

I have a small US startup company with remote income so I am not concerned about the Spanish economy.

She speaks native Spanish. Mine is just okay - but she'll be able to navigate any officialdom - it's worse here! Yikes, an Irish passport is toxic at a rural army checkpoint... They think every yank is either a drug runner or sex tourist (not 100% inaccurate from what I have noticed) and the few Irish are involved in FARC.

I would really appreciate the advice of anyone here who has "been there done that"!


----------



## Brangus (May 1, 2010)

rcnet said:


> 4) If we chose to stay in Spain, it is my understanding as an* Ibero-American* she will gain *Spanish citizenship* after (or 3?) years of legal residency? Is this true, and would it be the same for her daughter (also a colombian citizen)?


She would be eligible to start the application process after 2 years of residency, and it could take another 2 years before Spanish citizenship is granted. Of course, citizenship is not automatic and some applicants are rejected.

Sorry I can't help with the other questions.


----------



## larryzx (Jul 2, 2014)

rcnet said:


> Hello,
> 
> 4) If we chose to stay in Spain, it is my understanding as an* Ibero-American* she will gain *Spanish citizenship* after (or 3?) years of legal residency? Is this true, and would it be the same for her daughter (also a colombian citizen)?


My Filipino wife applied after 2 years but was refused.

As your GF speaks Spanish, I would suggest she speaks to the Spanish Consulate in Columbia. That way you will know what you can and can't do and how you can achieve that.


----------

