# Residency permit application is "archivado"



## kimuyen (Aug 8, 2013)

It has been a frustrating process with our residency. We use a gestor to help with the process as our Spanish is almost non-existent. Got an appointment for "Tarjeta residencia de familiar" middle of August for our son and me. The firm that helps us insisted at the time that registering my husband as an EU member was a very simple process. As it turned out, since June, one needs to make an appointment at the Police station and cannot just show up. So his appointment was in early September while our applications (son's and mine) were already filed with the Oficina de Extranjeros. Well, the government worker who handled my husband's case woke up on the wrong side of the bed and decided to reject my husband's application because our private insurance policy had a copay.

So we waited for 2 weeks for Sanitas to upgrade our policy to one without copay (a policy that we don't need but just to get through the residency process). Making another appointment with the Police office is a hit or miss as they only released a limited number of appointments online and we had to make the appointment on line (yes, we dragged ourselves to the office but they insisted that we tried again, online). 

Through someone else, I learned that I can check my application status online. The status of my application is "Archivado" as they had nothing to link my application to. My husband is yet in the system (as an EU member) for me to be granted residency under familiar status.

So here is the question: *Does it mean that my case is closed and I need to start all over again? Or will they reopen my case after my husband registers* (crossing our fingers for his appointment on Monday)?

The problem with applying all over again is that my marriage certificate and our son's birth certificate are now older than 3 months.

Agggghhh! If the gestor had listened to me and registered my husband first, we would not have had this problem.

I may have to move to Morocco and waive to my husband from Morocco as my visa will also expire soon after 90 days landed in Spain. If I have to reenter Spain again to restart the clock, my passport would be to be stamped again and as such, *I can only enter from a non-Schengen country, correct?* Can I reenter say from Morocco (closer) or do I need to return to the US (home country, way a way) and reenter?


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## ddrysdale99 (Apr 3, 2014)

Can you explain what a "copay" means - it's not a term I understand.


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## kimuyen (Aug 8, 2013)

ddrysdale99 said:


> Can you explain what a "copay" means - it's not a term I understand.


"Copay" is an insurance term and widely used in private insurance. The insured person has to pay a nominal amount for a visit to a doctor. In the US where I am from, for example, I had to pay $10 to see a doctor and my insurance paid the rest. The "copay" amount varies depending on the policy.


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## Brangus (May 1, 2010)

kimuyen said:


> I may have to move to Morocco and waive to my husband from Morocco as my visa will also expire soon after 90 days landed in Spain. If I have to reenter Spain again to restart the clock, my passport would be to be stamped again and as such, *I can only enter from a non-Schengen country, correct?* Can I reenter say from Morocco (closer) or do I need to return to the US (home country, way a way) and reenter?


Do you realize you would have to be out of the Schengen zone for 90 days before you could re-enter?


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## clau420e (Apr 21, 2013)

Hello Kimuyen,

I was in your place last August and I am one to ask ALL KINDS OF QUESTIONS. This is what was told to my by the officer at the Extranjería office (which I later confirmed with an attorney at a chance meeting when I accompanied a friend to see this attorney). We were told by the office that receiving 2500€ per month is not enough to prove income...blah blah blah. We either had to have €9000 in our account or my husband gets a job (even if it pays peanuts) so there is no further need to prove sufficient income. In any event, when he said that, I explained that in 3 weeks time we will have been in Spain for 90 days. He told me not to worry as my husband (a UK citizen) has a legal right to stay in Spain and that even without the residencia he can work...AND....that as his wife, I can stay as well without penalty as it is his right of freedom of movement. Basically, he said...no rush, when you have all your ducks in a row, come back

Don't sweat it. All you have to do is get your husband's residencia (in the Altea office they say it takes 1 week to be approved assuming you meet all requirements) and then once he has the green certificate, you and your son can submit your applications. With regards to reopening your application, at least in our case, they gave my husband 10 days to find a job in order to proceed with THAT particular application. Any time after the 10 days, we would have to pay the €10,50 again when he applies again. 
I suggest that once you are ready to apply again, have someone like a friend or family member in the US get another marriage certificate issued, apostilled and translated. That is what we are doing. I don't know how long it will take in the State...but I gather you do. I'm from Peru and in Lima it takes all of 40 minutes to get it done and a week to get here by post. At this point I am in no rush so I refuse to pay to have it overnighted. All I really want the residencia for is to be able to get a driver´s license here and a resident bank acct which I cannot without the residencia...oh and to be able to enter the exit Spain without any hassles lol.

I hope I was able to put your mind at ease. 

Cheers

Claudia


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## kimuyen (Aug 8, 2013)

Brangus said:


> Do you realize you would have to be out of the Schengen zone for 90 days before you could re-enter?


No, I did not realize that. Thanks for pointing this out. I will try to get myself back into the system by having another appointment before my current tourist visa expires in 3 weeks.


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## kimuyen (Aug 8, 2013)

clau420e said:


> Hello Kimuyen,
> 
> I was in your place last August and I am one to ask ALL KINDS OF QUESTIONS. This is what was told to my by the officer at the Extranjería office (which I later confirmed with an attorney at a chance meeting when I accompanied a friend to see this attorney). We were told by the office that receiving 2500€ per month is not enough to prove income...blah blah blah. We either had to have €9000 in our account or my husband gets a job (even if it pays peanuts) so there is no further need to prove sufficient income. In any event, when he said that, I explained that in 3 weeks time we will have been in Spain for 90 days. He told me not to worry as my husband (a UK citizen) has a legal right to stay in Spain and that even without the residencia he can work...AND....that as his wife, I can stay as well without penalty as it is his right of freedom of movement. Basically, he said...no rush, when you have all your ducks in a row, come back
> 
> ...


Claudia, 

Thank you for taking the time to reply to my post and share your experience. I think the problem with the Spanish system and this whole process is that there are no consistencies in "following the rules" by the persons who process the applications. I have not heard of anyone being rejected because his health insurance has a copay but that was what happened in our case. Following this forum and others for a while, I have not heard of someone being turned away because 2500 euros income a month is not enough either. I hope what you were told ("not to worried") applies to me also but to be on the safe side I will try to get my paper work into the system again (albeit birth and marriage certificates older than 3 months now) within the next 2-3 weeks before my visa expires. 

I am also one who researches things way in advance and starts things early. Even so, stars just did not align this time.


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