# Spouse Visa Help - Malaga Area



## ceebee13 (May 1, 2014)

Hi all,

I have been given so many different bits of advice, now I am coming here to seek out any American spouses who have used the Resident Visa - Non EU Spouse of EU Citizen route to become a resident in Malaga. I have residency in Estepona (NIE/ Empadron etc.) 

Here are my questions:

1. Does my husband need to apply in USA, where we are currently? I have been told he can come on a tourist visa and then apply for a residency visa once in Spain. 

See below, "American citizens and those of nationalities that do not require visa according the above mentioned list (Anejo 1 ICC) do not require a residence visa and must apply for their residence card once they arrive in Spain."

2. He plans to be self-employed and pay Autonomo, like me. Will he get public healthcare immediately?

3. Does he need a criminal check and medical ceritificate? Some websites say only if I was a foreigner, i.e. Non -EU, would he need these, and furthermore I have been told that he only needs his proof of income for autonomo with my empadron and NIE. 

Here's what it says on Spanishvisas (my lawyers so far):

"Residence visa to reunite a family member with a citizen of Spain or an EU member

It must be obtained by all nationals that are not EU citizens or they are from the countries that require visas to travel to the Schengen countries to reunite for residence in Spain with a Spaniard or an EU citizen including Norway, Iceland, Liechtenstein or Switzerland with whom they have the following family ties:

1. Spouse. 

American citizens and those of nationalities that do not require visa according the above mentioned list (Anejo 1 ICC) do not require a residence visa and must apply for their residence card once they arrive in Spain.

Nationals of the countries that require a visa to enter Spain must submit the following requirements:

2 Schengen Application forms dully filled out and signed.
Valid passport
2 photos passport size with a white background.
Marriage certificate bearing the "Apostille of the Hague Convention" or if the country issuing such document is not part of the "Hague Convention" such documents must be dully legalized. 
Copy of the passport from the EU member residing in Spain.
"Empadronamiento" from the person residing in Spain.
"Money-Order" to pay the non-refundable visa fees (no personal checks or cash accepted)."

BUT the US Embassy in LA it says this (completely different):

"You must submit original and two copies of all the documents listed below. All documents must be translated into Spanish.

1. National visa application form.pdf National visa application form.pdf and copy: The application form must be signed and filled out in print.

2. Two passport-type photos: (see specifications) Size 2"x2" is valid.

Passport valid for a minimum of 4 months after the intended date of departure from Spain, with at least one blank page to affix the visa.

Form EX-00
Find the needed forms here

Medical certificate: Original translated into Spanish and 1 copy
This Certificate must be signed in the hand of the doctor (M.D. or D.O.) in a letter-head paper in the following format:
“This medical certificate attests that Mr./ Mrs. ……………………… does not suffer from any illness that would pose a threat to public health according to the International Health Regulations of 2005.”
Visit the web page of the World Health Organization to learn the exact information regarding the control and containment of known risks to public health. The certificate must also bear the official stamp of the administering center; however, this will not substitute the absence of the doctor’s signature. Any amendment to this certificate or erasure may render it invalid. This certificate must be issued in the place of residence, and is valid for 3 months counting from the date it has been issued.

Certification of “absence of police records”, for 18 year-old applicants and older. Original translated into Spanish and one copy will be needed. This certificate can not be older than three months from the issue date.
The certification of "absence of police records" should be certified by the police authorities of all places where the applicant has resided during the past five years.
- In the U.S.,this certificate must be issued by the FBI – Criminal Record History or FBI Identification Report -, It should be verified with a fingerprint card. Process to follow:
Contact the FBI: (304) 625 3878 o by mail to: Federal Bureau of Investigation Special Correspondence unit. 1000 Custer Hollow Road. Clarksburg, WV 26306. 
This certificate must be stamped with the "Apostille of The Hague" . Contact the Secretary of State in the State the document has been issued.

Proof of travel/health/accident insurance: a letter from your insurance company stating that they will cover 100% ( no deductibles) of the medical expenses with emergency and repatriation services and a minimum coverage of 30.000 € or its equivalent in dollars. Policies with reimbursements or co-payments will not be accepted. You can buy travel insurance from your travel agency, through the internet, or an insurance company in Spain.

Proof of sufficient funds. You must provide evidence of annual income while living in Spain. Also you should provide evidence of investments or savings to support your application.

Proof of ownership, leasing, or renting property in Spain.

Visa Fees

Spouse of the main applicant should submit the same documents plus the Marriage certificate authenticated with the Apostille of The Hague and translated into Spanish."

Why would_ I_ need to submit anything? This all seems wrong. I'm British, with residency in Spain. Surely all that needs to happen is he needs to get the entry visa then apply here? Ad where would we do that? I am not looking for a lawyer here. I am able to do this myself if I knew where to start! I mean, logic tells me I don't have to prove to USA my criminal status, and why would I submit MY passport from Spain?? 

Also, if my husband is autonomo, he doesn't need health insurance from the USA! This is bizarre. Any Americans out there?? I would really appreciate a blow by blow account. 

Thanks!


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## kalohi (May 6, 2012)

You are mixing things up here. On the Spanishvisas website you need to look at the section titled: _Residence visa to reunite a family member with a citizen of Spain or an EU member _ This the part that applies to you: _American citizens and those of nationalities that do not require visa according the above mentioned list (Anejo 1 ICC) do not require a residence visa and must apply for their residence card once they arrive in Spain._

The complicated bit from the US embassy in LA (??? I don't understand this - surely you mean Spanish consulate in LA) explains how to get a residency visa if you have no family ties to the EU. That's not your case. 

So just as the first website says, your husband doesn't need a visa to enter Spain. What he needs to do is go to the nearest foreigner's office when he arrives in Spain and apply for residency. Each office will ask for slightly different things, but the most important things will be the marriage certificate (translated and with the Apostille, not more than 90 days old) and proof of your residency. They'll probably also ask for photocopies of your passports, empadronamiento certificates, and photos. You really need to go and ask at your local foreigner's office.


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## ceebee13 (May 1, 2014)

Thanks so much for this - so my understanding is, even though the LA website says residence visa, it's generalized (I cannot quote the URL as a new member but it's on exterioresgobes consulate for Los Angeles residence visa page). You are brilliant - I looked at that so much and the penny never dropped that this was for people with no ties! 

The thing that most worries me is about public health insurance. He does have US health insurance, which includes repatriation and emergency care worldwide, for which I can provide as a letter. But he would like to be on the public health in Spain as autonomo - we are both self-employed and I am autonomo already and pay the fee every month. 

Am I right in thinking that having the worldwide emergency cover from the US is enough to cover him until he gains residency, and then he would become a Spanish resident and be able to pay autonomo on his social security number? 

Because the lawyer says to me,"I would need to see that the insurance is in Spain and he is covered in Spain". 

He is covered as on the LA site only, "Proof of travel/health/accident insurance: a letter from your insurance company stating that they will cover 100% ( no deductibles) of the medical expenses with emergency and repatriation services and a minimum coverage of 30.000 € or its equivalent in dollars." Kaiser are sending out the letter for this, but he obviously doesn't have any other cover.

My question in a nutshell - will he be able to get public healthcare once he gets his autonomo status? To get this, is the insurance he holds sufficient?

Thanks!


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## kalohi (May 6, 2012)

Yes, will he be able to get public healthcare once he gets his autonomo status. He would also be covered by _your_ autonomo status if you declared him as your dependant spouse. 

Again, when you talk about what the LA website says, you are looking at what is required of Americans trying to get a visa when they they have no ties to the EU, and this is not your situation. 

Of course it's always a good idea for your husband to be covered by travel insurance until he gets covered by insurance here.

I'm assuming you know how the autonomo system works since you are autonomo. So your husband would definitely be eligible for it?


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## ceebee13 (May 1, 2014)

You're the best! Really helpful. OK, so now there's one last thing. We read all your info and just one last question (I hope/promise):

With the marriage certificate issued in LA, would we have to get the certificate apostilled/translated in LA or can we do it in Spain? It's really cheap in Spain at my notaria, so if I can do it there it would be hugely preferable. (Probably about 40 Euros as opposed to something like 200$ here)

Thanks again! Next time I'm in Seville I owe you a drink!


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## kalohi (May 6, 2012)

I really don't know but I can't imagine why you couldn't have it done in Spain. An apostille is an apostille, recognized world over...

Maybe someone else who has done this could verify.


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## xabiaxica (Jun 23, 2009)

kalohi said:


> I really don't know but I can't imagine why you couldn't have it done in Spain. An apostille is an apostille, recognized world over...
> 
> Maybe someone else who has done this could verify.


An apostille can only be done in the country a document was issued. A legal translation can be done anywhere as long as the translator has the ' stamp '


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## elisa31bcn (Jan 23, 2013)

If your marriage certificate is from LA, then it needs to be apostilled by the State of California. You can mail it to Sacramento, but there is an office in LA where you can go and have it done on the spot. It's not that expensive, 40 dollars, if I remember.
Get the legal translation done here.


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## astonia 7 (Jan 11, 2013)

I have just gone through this with my husband who is from the USA. It wasn't difficult just confusing in area's. We had to get our marriage certificate translated, proof of income with an Apostile of the Hague. Proof of Private healthcare here in Spain. Copy of bank statements. The confusion came when they asked for a form that said we were not divorced, there is no such form in the USA so we went to a notary here in Spain and he wrote us a letter and notarized it, and they accepted that. Getting the residencia wasn't such a problem as getting him a Spanish drivers license he as to go through the entire test, theory and driving!


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## ceebee13 (May 1, 2014)

Hi - you say "here" - was that a link? Thanks!


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## ceebee13 (May 1, 2014)

Hi - did you have to get the FBI check and medical check for the spousal visa? I think we don't, but it would be good to confirm - Thanks!


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## ceebee13 (May 1, 2014)

Thanks - I didn't know this. Yikes! It costs a lot of money in LA. $200 a form.


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## astonia 7 (Jan 11, 2013)

ceebee13 said:


> Hi - you say "here" - was that a link? Thanks!


Oh no sorry  I meant in Spain, we just went to our local notary. And for the Apostle of the Hague a friend in the States did that for us. The US Embassy in Spain have been very helpful with questions we have had. It did take awhile as the requirements with paperwork seem to change quite often. As we are retired and I am an EU citizen my husband got Spanish healthcare. Now we have four years before we have to go through this again and hopefully this will be a lot easier next time....


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## ceebee13 (May 1, 2014)

Thanks! If you don't mind telling me how much the translation was, I would appreciate it. I have been quoted $150 here for the wedding certificate so it's getting a bit hefty - especially considering I could do it myself! Can I do it myself if a notary signs it afterwards? (The translation)


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## xabiaxica (Jun 23, 2009)

ceebee13 said:


> Hi - you say "here" - was that a link? Thanks!


she means here in Spain


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## astonia 7 (Jan 11, 2013)

ceebee13 said:


> Hi - you say "here" - was that a link? Thanks!





ceebee13 said:


> Thanks! If you don't mind telling me how much the translation was, I would appreciate it. I have been quoted $150 here for the wedding certificate so it's getting a bit hefty - especially considering I could do it myself! Can I do it myself if a notary signs it afterwards? (The translation)


We paid 50 euro's for our marriage certificate to be translated that included the notary seal. The one problem seems to be they are only good for 3 months so we had to get it done twice..... Not sure if you could do it yourself or not.


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## elisa31bcn (Jan 23, 2013)

No, you can`t do it yourself. It has to be done by an officially recognized translator. The best thing is to wait and do it in Spain. It is not that expensive. Around 30 euros per document.
And you don't need medical or FBI checks.


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## ceebee13 (May 1, 2014)

Thanks for that - so I can probably do the translation myself then get it notarised?


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## xabiaxica (Jun 23, 2009)

ceebee13 said:


> Thanks for that - so I can probably do the translation myself then get it notarised?


no you can't


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