# Help please :/ NIE/Student Visa



## juliamm (May 25, 2015)

Hi everyone,

This forum has been so helpful! I have a complicated situation so if anyone can help, it would be greatly appreciated.

I am an American married to a Spaniard and we are both students. We married in the US (following the advice of a previous post) and got our Spanish marriage validation from the consulate in SF. Now we are living in Bilbao as my husband finishes his undergrad and then in the fall we plan on moving to Barcelona to study our masters.

I have already been accepted into a University but since I am married to a Spaniard, I expected to get residency instead of a Student Visa. I have recently been denied my NIE because my husband is a student also and they believe I am a burden to society, though I have proved financial means. 

My questions are: Will my university even look at my Visa before allowing me to study? (I studied abroad here several years ago and no one even cared that I had a Student Visa)
Second: Is there any possible way that I could apply for a Student Visa within Spain?
Lastly: I have an employer that is trying to contract me. Would this employer be able to vouch for me so I can get my NIE?

Thank you very much for any and all your help!

Cheers,
Julia


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## kalohi (May 6, 2012)

Hi and :welcome: to the forum.

In answer to your questions:

1. I don't know if the university would look at your visa or not. But if I had to venture a guess I'd say that they could care less what your legal status here is, as long as they get your money. 

2. It's only possible to get a visa from outside of Spain, and it must be done at the consulate that's closest to your place of residence. 

3. A Spanish employer could attempt to sponsor a visa application for you (which you would have to get outside of Spain at the consulate closest to your place of residence). But as part of the process the employer would have to prove that nobody within the EU could do the job being offered. For most jobs that's highly unlikely, so getting a visa that way is very difficult. 

If you are convinced that you meet the requirements for residency through your husband's Spanish citizenship and have been turned down unfairly, you might consider consulting with an immigration lawyer. There was a long thread here by another American who had a terrible time getting his residency, and in the end he got it with the help of this lawyer. I wish I could find the thread so you could read the conversation, but I'm not coming up with it. However, I did save the webpage of the lawyer.

Whatever you do, don't overstay your tourist visa!! You are allowed 90 days here and then you must leave for a minimum of another 90 days. If you overstay then you endanger ever being granted a visa or residency. 

Good luck!


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## kalohi (May 6, 2012)

I found the thread I was talking about. Here it is.

It's totally different to your situation, but nevertheless you might pick up pointers. He mentions at the end that the immigration lawyer only cost about 300€.


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## snikpoh (Nov 19, 2007)

juliamm said:


> I have already been accepted into a University but since I am married to a Spaniard, I expected to get residency instead of a Student Visa. I have recently been denied my NIE because my husband is a student also and they believe I am a burden to society, though I have proved financial means.
> 
> My questions are: Will my university even look at my Visa before allowing me to study? (I studied abroad here several years ago and no one even cared that I had a Student Visa)
> Second: Is there any possible way that I could apply for a Student Visa within Spain?
> ...


This simply can't be correct as ANYONE can get an NIE without having to prove income etc. I suspect you mean DNI or residencia.


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## kalohi (May 6, 2012)

snikpoh said:


> This simply can't be correct as ANYONE can get an NIE without having to prove income etc. I suspect you mean DNI or residencia.


This is what I understood.


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## juliamm (May 25, 2015)

Thanks for all of your responses!



> 3. A Spanish employer could attempt to sponsor a visa application for you (which you would have to get outside of Spain at the consulate closest to your place of residence).


I am 'empadronada' in Bilbao so my place of residence is here but of course I know you mean in the United States. I just thought this might be another crucial part of obtaining residency. I may have to go with a lawyer but I was hoping to avoid it if possible. It may be the only way to get through the red-tape though.



> This simply can't be correct as ANYONE can get an NIE without having to prove income etc. I suspect you mean DNI or residencia


I did get the temporary NIE number but I was never granted a card. The residency (Tarjeta de residencia de familiar de ciudadano de la Unión) was denied because of insufficient funds (or maybe because my bank account is in a US bank a.k.a. in English and not translated into Spanish) but they never clarify how much they want. Does anyone know how much they require? 

Also, my mother signed a template paper from the Spanish Government saying " ‘I hereby certify that I the (father, mother, other) of (...), will support her/him with a monthly allowance of $800 while she/he is in Spain and that I am financially responsible for any emergency that may arise."

Comes from:ww.exteriores.gob.es/Consulados/SANFRANCISCO/en/ConsularServices/Documents/visas/StudentVisa.pdf

(Link is broken because I'm a newcomer and can't post the full link. Add a 'w' in the beginning)

I had heard how difficult it was to get a marriage certified in Spain so I figured I would have my Student Visa paperwork finished while I was still in the US but in the end the consulate said that I could apply later on in Spain for the residency, which wouldn't require me to have the Student Visa.

PS: I have an appointment with La Oficina de Extranjería this Friday and I would like to have an arsenal of paperwork so that I can find a solution with them.


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## 213979 (Apr 11, 2013)

juliamm said:


> Thanks for all of your responses!
> 
> 
> 
> ...


Hello! I'm surprised Bilbao is giving you so many problems. I've found them to be quite kind in the past. 

I have a number of questions: 

1. Where were you married? 
2. If you were married in the US, did you legalize the marriage through your local Spanish consulate and get your Libro de Familia? 
3. Do you have a Spanish bank account? I'm fairly sure one of the requirements is that you must have x-amount of money in a Spanish account. 
4. How long are you guys planning to live here? 
5. Can your suegros vouch for you guys too? 

You won't be able to do your student visa paperwork here but you shouldn't be having problems with your residency based on the fact your husband is a citizen. 

Based on your answers to these questions, I'll formulate an answer. I'm also an American married to a Bilbao-area local. My residency went through Bilbao extranjería three years ago.


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## 213979 (Apr 11, 2013)

Also, post a bit more. I have a PM to send you with some resources. After 5 messages here, you can send and receive PMs!


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## juliamm (May 25, 2015)

> Also, post a bit more. I have a PM to send you with some resources. After 5 messages here, you can send and receive PMs!


haha will do! right now


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## juliamm (May 25, 2015)

> Hello! I'm surprised Bilbao is giving you so many problems. I've found them to be quite kind in the past.
> 
> I have a number of questions:
> 
> ...


Definitely, they seem to be kinder than other parts. Sestao has been by far the easiest office to work with when I had to go there for my Social Security number. No questions asked 

1. We were married in the United States.
2. We did legalize the marriage at the Spanish Consulate in San Francisco and they transcribed it to Registro Civil and sent us both the certificate and a Libro de Familia.
3. I do not have a Spanish bank account under my name. My husband does but it's been to my knowledge that I cannot get a bank account without having this paperwork finalized.
4. We plan on living here for another two years. One year for my masters degree and another for my husband to finish his. Meanwhile, I would really like to work that last year.
5. Yes, both of our in-laws can vouch for us. My mother has done so in the States and we could get my husband's parents to do so here.


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## kalohi (May 6, 2012)

juliamm said:


> Thanks for all of your responses!
> 
> I am 'empadronada' in Bilbao so my place of residence is here but of course I know you mean in the United States. I just thought this might be another crucial part of obtaining residency. I may have to go with a lawyer but I was hoping to avoid it if possible. It may be the only way to get through the red-tape though.


It doesn't matter if you're empadronada or not, you have to understand that you are _not_ a resident of Spain. You are a visitor, here as a tourist on the visa waiver program. Until you get that tarjeta de residencia approved your status won't change to resident. Don't try to tell anyone official that you're a resident until you have that card!



juliamm said:


> I did get the temporary NIE number but I was never granted a card. The residency (Tarjeta de residencia de familiar de ciudadano de la Unión) was denied because of insufficient funds (or maybe because my bank account is in a US bank a.k.a. in English and not translated into Spanish) but they never clarify how much they want. Does anyone know how much they require?


I imagine that part of the problem is that your money has to be here in a Spanish bank. Even EU members who move to Spain and register on the foreigner's list have to have their funds in a Spanish bank. Most extranjerias are asking for about 600€/month of income coming into that account per member of the household and/or 6000€ per person in savings. So in your case that would be 1200€/month of income and/or 12,000€ in savings. Every extranjería is different, though, so you'd need to find out what yours is asking for.



juliamm said:


> Also, my mother signed a template paper from the Spanish Government saying " ‘I hereby certify that I the (father, mother, other) of (...), will support her/him with a monthly allowance of $800 while she/he is in Spain and that I am financially responsible for any emergency that may arise."
> 
> Comes from:ww.exteriores.gob.es/Consulados/SANFRANCISCO/en/ConsularServices/Documents/visas/StudentVisa.pdf
> 
> (Link is broken because I'm a newcomer and can't post the full link. Add a 'w' in the beginning)


But that is for a student visa. It would have no bearing on what you're applying for. 



juliamm said:


> I had heard how difficult it was to get a marriage certified in Spain so I figured I would have my Student Visa paperwork finished while I was still in the US but in the end the consulate said that I could apply later on in Spain for the residency, which wouldn't require me to have the Student Visa.
> 
> PS: I have an appointment with La Oficina de Extranjería this Friday and I would like to have an arsenal of paperwork so that I can find a solution with them.


I think it's clear that you need to find out exactly how much money they want to see in the bank, and verify that it has to be a Spanish bank. More paperwork won't change the fact that you don't need the financial requirement at the moment. You should also find out what recourse you have, and what the time frame is. I hope they're somewhat helpful!


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## kalohi (May 6, 2012)

elenetxu said:


> Hello! I'm surprised Bilbao is giving you so many problems. I've found them to be quite kind in the past.
> 
> I have a number of questions:
> 
> ...


But everything changed with the new ley de extranjería. Even those of us married to Spanish citizens now have to prove financial solvency, similar to EU members who move here.


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## juliamm (May 25, 2015)

> Based on your answers to these questions, I'll formulate an answer. I'm also an American married to a Bilbao-area local. My residency went through Bilbao extranjería three years ago.


Great! It's nice to know someone has been through it here too.


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## juliamm (May 25, 2015)

> I imagine that part of the problem is that your money has to be here in a Spanish bank. Even EU members who move to Spain and register on the foreigner's list have to have their funds in a Spanish bank. Most extranjerias are asking for about 600€/month of income coming into that account per member of the household and/or 6000€ per person in savings. So in your case that would be 1200€/month of income and/or 12,000€ in savings. Every extranjería is different, though, so you'd need to find out what yours is asking for.


So how do I show income if I can't become contacted without this residency? It's a vicious circle. This is why both my potential boss and my husband will be coming with me to the appointment on Friday. I guess I will try and get onto my husband's bank account this week and see if I can get some money from the US into it asap to prove savings. 
I only wish they had made that clear that they needed it in a Spanish account because they said they would analyze it on a case-by-case basis and we had mentioned the funds were both part in Spain and part in the US.


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## 213979 (Apr 11, 2013)

juliamm said:


> Definitely, they seem to be kinder than other parts. Sestao has been by far the easiest office to work with when I had to go there for my Social Security number. No questions asked


The Social Security office on the hill? They've been good to me there too. I'm surprised you had to go to Sestao. Are you in Bilbao proper or a "suburb" city? 



> 1. We were married in the United States.
> 2. We did legalize the marriage at the Spanish Consulate in San Francisco and they transcribed it to Registro Civil and sent us both the certificate and a Libro de Familia.


Well, you've jumped through a MAJOR hoop there. Hurrah! Now, forget about the student visa bit. If you're here on a student visa, your privileges as a resident will be limited. What you need is residency as the spouse of an EU citizen. Keep fighting for it even though they turned you down the first time. 



> 3. I do not have a Spanish bank account under my name. My husband does but it's been to my knowledge that I cannot get a bank account without having this paperwork finalized.


That's not true. You can get a bank account but, please, *make sure* to tell the bank that as soon as you get residency, you will be switching from a non-resident's account to a resident's account. 



> 4. We plan on living here for another two years. One year for my masters degree and another for my husband to finish his. Meanwhile, I would really like to work that last year.


Then don't even bother with a student visa!  Your residency based on the fact that you are married automatically gives you work permission and - based on certain conditions - access to Osakidetza. If you're looking for English teaching work and have experience, I know a company in Cantabria looking for people.


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## 213979 (Apr 11, 2013)

kalohi said:


> But everything changed with the new ley de extranjería. Even those of us married to Spanish citizens now have to prove financial solvency, similar to EU members who move here.


This is such torocaca. 

Haven't you been here for a long time? Have you been asked to prove financial solvency when you renewed? I'm just trying to think ahead.


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## juliamm (May 25, 2015)

> The Social Security office on the hill? They've been good to me there too. I'm surprised you had to go to Sestao. Are you in Bilbao proper or a "suburb" city?


I live in Portugalete so I headed there and I'm so happy that I did!



> Well, you've jumped through a MAJOR hoop there. Hurrah! Now, forget about the student visa bit. If you're here on a student visa, your privileges as a resident will be limited. What you need is residency as the spouse of an EU citizen. Keep fighting for it even though they turned you down the first time.


Haha! I know! I learned all about the marriage process through another thread on here and it was just one comment one person made that made all the difference. I'll post a serious success story for others later on  first, I have to make sure it's a success.

Yes, I wanted to focus on the residency all along but after I got the denial I started thinking of all other possible options but really there are none. Plus, I'm married! I want to live with my husband, of course.



> That's not true. You can get a bank account but, please, make sure to tell the bank that as soon as you get residency, you will be switching from a non-resident's account to a resident's account.


Great! I know what I'm doing tomorrow.



> Then don't even bother with a student visa! Your residency based on the fact that you are married automatically gives you work permission and - based on certain conditions - access to Osakidetza. If you're looking for English teaching work and have experience, I know a company in Cantabria looking for people.


Thanks! Unfortunately Barcelona is quite far from Cantabria but I really appreciate it! We're only in Bilbao for another couple of months which is probably what stresses us most considering it takes a lot of time to get through the red-tape.


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## kalohi (May 6, 2012)

juliamm said:


> So how do I show income if I can't become contacted without this residency? It's a vicious circle. This is why both my potential boss and my husband will be coming with me to the appointment on Friday. I guess I will try and get onto my husband's bank account this week and see if I can get some money from the US into it asap to prove savings.
> I only wish they had made that clear that they needed it in a Spanish account because they said they would analyze it on a case-by-case basis and we had mentioned the funds were both part in Spain and part in the US.


Because it doesn't have to be _work_ income. Some people get a pension, or receive payment from an ex, or have money transfered in every month from a foreign account, etc.


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## kalohi (May 6, 2012)

elenetxu said:


> This is such torocaca.
> 
> Haven't you been here for a long time? Have you been asked to prove financial solvency when you renewed? I'm just trying to think ahead.


Yes, I've been here a long time (29 years!). The last time I renewed was 5 years ago, so the new ley de extranjeria wasn't in effect yet. But I do know someone who's been affected. My husband plays padel with a Spanish guy whose wife is from Taiwan, and they've been married and living here for 10 years. When she went to renew her residency this spring she was rejected on the basis of insufficient funds. They both work and she is the major breadwinner in their house - but extranjería said that _he_ had to earn enough money to cover them both, not her, and his income wasn't high enough. They appealed and have been fighting it out, and it's still not resolved. It's just ridiculous - this is a normal middle class family with a child, a house, and two incomes, and they're saying she has to leave! 

At least in my case my husband is the major breadwinner, and we also have savings. So I should be ok. But I think it's time I start the process of getting Spanish citizenship. I have no plans of ever living in the States again, so I may as well just go ahead and do it.


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## 213979 (Apr 11, 2013)

kalohi said:


> Yes, I've been here a long time (29 years!). The last time I renewed was 5 years ago, so the new ley de extranjeria wasn't in effect yet. But I do know someone who's been affected. My husband plays padel with a Spanish guy whose wife is from Taiwan, and they've been married and living here for 10 years. When she went to renew her residency this spring she was rejected on the basis of insufficient funds. They both work and she is the major breadwinner in their house - but extranjería said that he had to earn enough money to cover them both, not her, and his income wasn't high enough. They appealed and have been fighting it out, and it's still not resolved. It's just ridiculous - this is a normal middle class family with a child, a house, and two incomes, and they're saying she has to leave!
> 
> At least in my case my husband is the major breadwinner, and we also have savings. So I should be ok. But I think it's time I start the process of getting Spanish citizenship. I have no plans of ever living in the States again, so I may as well just go ahead and do it.


Oh my God. DH is a substitute teacher working part time. There's no way I would pass either.


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## kalohi (May 6, 2012)

elenetxu said:


> Oh my God. DH is a substitute teacher working part time. There's no way I would pass either.


Don't sweat it. You're not in Seville. They're really terrible here and always have been. I can't see how they can get away with not counting her income along with his.


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## baldilocks (Mar 7, 2010)

kalohi said:


> Don't sweat it. You're not in Seville. They're really terrible here and always have been. I can't see how they can get away with not counting her income along with his.


It is probably because she is classed as HIS dependant so he has to show means to support her.


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## liliana80 (Sep 6, 2014)

So, just to clarify, the OP does not need to prove HER financial resources. She does not need to open a bank account. As badilocks pointed out, she is her Spanish husband's dependent and HE needs to prove HIS financial resources to support her. Someone posted a link to a previous thread in which the OP was also rejected for his tarjeta. The reason why he was rejected was exactly the same. He went to the extranjeria with HIS work contract, not his Spanish spouse's, which was completely unnecessary and confusing for the extranjeria; hence he was rejected. The OP in this case here simply needs to transfer her money into her husband's bank account and present his bank statement to the extranjeria. That was the only financial document my husband and I presented for my tarjeta. Alternatively, get the husband's parents to take financial responsibility for the couple and show their bank account statement. 

Edit: I'd also like to add that I don't think a Spanish employer trying to contract you would help. Until you have residency and the tarjeta, you are not allowed to work. The only way a non-resident American can work is with a work visa, for which you would have to return to the US and apply. You cannot change your status to worker once you are in Spain. 

Also, someone in this thread warned the OP not to overstay her visa for fear of "endangering ever being granted a visa or residency". Not true. The mission of the extranjeria is to normalize irregular immigration situations. They don't care if your visa is expired as long as you are presenting the proper documentation to normalize yourself. (If you don't have the proper documentation then of course they can reject you and ask you to leave, but they will not reject you if you do have the proper documentation, even if your visa is expired.) My visa was expired by 6 months when I applied for my tarjeta. Not a question was asked.


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## kalohi (May 6, 2012)

liliana80 said:


> So, just to clarify, the OP does not need to prove HER financial resources. She does not need to open a bank account. As badilocks pointed out, she is her Spanish husband's dependent and HE needs to prove HIS financial resources to support her. Someone posted a link to a previous thread in which the OP was also rejected for his tarjeta. The reason why he was rejected was exactly the same. He went to the extranjeria with HIS work contract, not his Spanish spouse's, which was completely unnecessary and confusing for the extranjeria; hence he was rejected.


I don't mean to be harsh, but what you've written isn't true. That poster was rejected because he was working remotely in England and extranjería said he didn't adequately prove he was residing in Spain with his Spanish wife. There was never a mention of dependency being an issue. In fact in the end he did get his residency.



liliana80 said:


> Edit: I'd also like to add that I don't think a Spanish employer trying to contract you would help. Until you have residency and the tarjeta, you are not allowed to work. The only way a non-resident American can work is with a work visa, for which you would have to return to the US and apply. You cannot change your status to worker once you are in Spain.


I totally agree.



liliana80 said:


> The mission of the extranjeria is to normalize irregular immigration situations.


Uhhmmm - no. The mission of extranjería is to document or register foreigners who immigrate to Spain. There is no automatic amnesty program in place for foreigners trying to normalize their illegal residency status.



liliana80 said:


> Also, someone in this thread warned the OP not to overstay her visa for fear of "endangering ever being granted a visa or residency". Not true. The mission of the extranjeria is to normalize irregular immigration situations. They don't care if your visa is expired as long as you are presenting the proper documentation to normalize yourself. (If you don't have the proper documentation then of course they can reject you and ask you to leave, but they will not reject you if you do have the proper documentation, even if your visa is expired.) My visa was expired by 6 months when I applied for my tarjeta. Not a question was asked.


Be very careful what you advise on a forum. Just because this is what you have experienced doesn't always make it so. You violated EU law by overstaying your visa and you were _lucky_ that someone in extranjería decided to grant you residency despite that.


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## baldilocks (Mar 7, 2010)

kalohi said:


> I don't mean to be harsh, but what you've written isn't true. That poster was rejected because he was working remotely in England and extranjería said he didn't adequately prove he was residing in Spain with his Spanish wife. There was never a mention of dependency being an issue. In fact in the end he did get his residency.
> 
> 
> 
> ...


In addition, Extranjeria are fining people who do not do what they are supposed to do within the proper timescale. My suegra (US citizen) was supposed to renew her residencia after 5 years, she failed to do so and went two months over the five years - fine €100.


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## liliana80 (Sep 6, 2014)

kalohi said:


> Be very careful what you advise on a forum. Just because this is what you have experienced doesn't always make it so. You violated EU law by overstaying your visa and you were _lucky_ that someone in extranjería decided to grant you residency despite that.


I'm just curious as to which "EU law" I violated. Could you please copy and paste a link here so that I can review it?


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## liliana80 (Sep 6, 2014)

kalohi said:


> I don't mean to be harsh, but what you've written isn't true. That poster was rejected because he was working remotely in England and extranjería said he didn't adequately prove he was residing in Spain with his Spanish wife. There was never a mention of dependency being an issue. In fact in the end he did get his residency.


Actually, what I've written is true. The OP in that case thought that presenting HIS work contract would prove HIS financial means. What it ended up doing is confusing the extranjeria into thinking that he lives and works in the UK; hence he was rejected. My point was that the foreign spouse never needs to prove his/her financial means. The OP in this case thinks that she needs to open a Spanish bank account and prove HER financial resources. I'm emphasizing the fact that in both cases the OPs were erroneous in presenting their own personal financial documents rather than their Spanish spouses'. In both cases the OPs were rejected as a result of this.




kalohi said:


> Uhhmmm - no. The mission of extranjería is to document or register foreigners who immigrate to Spain. There is no automatic amnesty program in place for foreigners trying to normalize their illegal residency status.


Uhhmmm - yes. An irregular situation is irrelevant to those who benefit from the Régimen Comunitario. Furthermore, there is an "amnesty program" in place, although I wouldn't call it such, but rather a set of procedures allowing those immigrants who find themselves in an irregular situation to normalize their situations. They're called Arraigo Social, Arraigo Laboral, and Arraigo Familiar. Although in this case those procedures are not necessary since the OP already qualifies under the Régimen Comunitario. 



kalohi said:


> Be very careful what you advise on a forum. Just because this is what you have experienced doesn't always make it so. You violated EU law by overstaying your visa and you were lucky that someone in extranjería decided to grant you residency despite that.


Uhhmmm - no. I did not violate EU law because I benefit from the Régimen Comunitario, as does the OP. Also because I know the law. Here are some random quotes from around the internet supporting my statement, but you can always do your own research if you don't believe me:


"Cuando una persona es beneficiaria del régimen comunitario, es indiferente que se encuentre en España de forma irregular, porque precisamente la cobertura normativa del régimen comunitario alcanza a la persona por sí sola y la expedición de la tarjeta de residencia como familiar de ciudadano de la Unión es solo un documento declarativo o de reconocimiento de un derecho del que la persona, por su sola calidad de familiar de ciudadano de la Unión, ya es titular. Aunque si se puede evitar la irregularidad, mucho mejor." 

Foros de Derecho: Pareja de hecho en Barcelona 2013


"Ley de Extranjería
La Ley de Extranjería es como comúnmente se le llama a la la Ley Orgánica 4/2000, del 11 de enero, sobre Derechos y Libertades de los Extranjeros en España y su Integración Social.

Es un texto que regula los derechos y deberes de los extranjeros en España y contiene principios que buscan favorecer la inmigración legal, restringiendo al mínimo la entrada de extranjeros ilegales y ofreciendo oportunidades para normalizar su situación a los inmigrantes establecidos en territorio español en condiciones de irregularidad."

Ley de Extranjería de España. Emigrar y vivir en España. | MeQuieroIr

"Cuando pago la sanción de multa por 
estar en España en situación irregular, 
¿obtengo un permiso de residencia?

No, cuando pagas la sanción de multa sigues estando en España
en situación irregular, pero se “cierra” el expediente de expulsión
que te había abierto la policía y puedes solicitar la regularización
cuando estés en situación para ello. Por eso es muy aconsejable
que pagues la multa." 

https://espanolparainmigrantes.files.wordpress.com/2011/03/guia_sinpapeles_2011.pdf


"Erika
19 de marzo, 2015 a las 11:22 am

Buenas tardes,
He tratado de comunicarme con ustedes pero la mentablemente sus líneas están ocupadas.

Mi consulta es la siguiente: mi novio viene en Junio con un visado de turista, el es peruano y yo soy residente comunitaria, nos vamos a casar acá en Barcelona. Quisiera saber si hay alguna posibilidad de que el se quede en Barcelona sin regresar a Perú, es posible aplicar a la residencia por motivos excepcionales o residencia comunitaria?
Por favor ayúdenme con esta duda. muchas gracias.
Responder

Vicente
19 de marzo, 2015 a las 12:01 pm

Erika, hoy es fiesta en muchas comunidades y estamos únicamente dos personas atendiendo a nuestros teléfonos. Te ruego nos disculpes.
Si os casáis podréis acceder “directamente” a la tarjeta comunitaria. No importará si está en situación irregular para ese momento. El trámite se puede hacer incluso en ese caso." 

Permiso de residencia para la pareja estable de ciudadano comunitario


"flavia
15 de diciembre, 2014 a las 3:15 pm

Buen dia
Tengo una duda.. Estoy en situación irregular.. Me caso en enero del año q viene. Iniciamos el tramite cuando aun tenia mi visa de turista. Nos ha demorado 8 meses. Fuimos a una abogada q nos dijo q seria mejor me quedara pues yo tenia intención de irme antes de q expirara mi visa. Ahora yo me pregunto pues he leído sus post de la ley de extranjería, como podre solicitar la tarjeta de familiar comunitario si soy irregular? Tengo q salir del país para q mi cónyuge la solicite? Agradeciéndoles desde ya.. Espero respuesta
Responder

Azahara Parainmigrantes
16 de diciembre, 2014 a las 10:04 am

Flavia aunque estés en situación irregular podrás solicitar la tarjeta de familiar de comunitario. Eso no es motivo de denegación."

Permiso de residencia para la pareja estable de ciudadano comunitario


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## kalohi (May 6, 2012)

liliana80 said:


> I'm just curious as to which "EU law" I violated. Could you please copy and paste a link here so that I can review it?


You really want to beat this one to death, don't you? Ok, here's info about entering the Schengen area, from the European Commission website. And here's information about Entry Requirements to Spain for Americans, from the Embassy of Spain's US website. It says, "Entry into Spain for stays not exceeding ninety days per six-month period is subject to the conditions set forth in Regulation (EC) Nº 562/2006 of the European Parliament and of the Council of 15 March 2006". There's a link to the regulation.

You put up lots of quotes from various webpages. I like to get my information from official sources. Here's a link to the Gobierno de España website where it details requirements for the Tarjeta de residencia de familiar de ciudadano de la Unión. My experience has been that any particular extranjería very well might lay down more requirements than what is detailed on the webpage.

And because I don't want to prolong this any more, I will leave this at that.

I am happy that you were able to normalize your situation, and I hope that the OP is able to work it out so that she's equally successful.


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## juliamm (May 25, 2015)

Hi everyone! Thanks for all of your input. You're correct that the financial issue could only be solved by my husband proving his own financial means to support the two of us. The problem is that he is finishing his undergrad and has had 0 working days in Spain. We are continuing with our masters so the likelihood of him working in the future so I may gain residency is bleak. 

I was supposed to be the one supporting us financially with a job in Spain. Since I cannot work and we do not have an unseemly amount of money to wire into his bank account, we will go with another route. The oficina de extranjería did not care whether his parents or my parents could support us with a monthly allowance because they said, "what if your parents die?" 

Thus, I have learned that even though there is a 'student' clause in the residency application that would apply to a marriage like ours, that Spain does not believe our marriage to be valid. I may post an update in the future as to the outcome of our situation but I would highly caution anyone (particularly from the United States as we marry early in age in comparison to Europe) to finish your studies before getting into the red-tape of any country.


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