# Need for visa?!



## kalkal (Jun 8, 2014)

Hi everyone!!

I live here in barcelona but I will be going to Madrid first week of July to submit my application at british embassy. i will book a renfe ticket. Now my question is, are they gonna check for my visa at the train station or just only my ticket coz I dont't have valid residence permit.? My schengen visa was already expired but I have valid Philippines passport.


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## xabiaxica (Jun 23, 2009)

kalkal said:


> Hi everyone!!
> 
> I live here in barcelona but I will be going to Madrid first week of July to submit my application at british embassy. i will book a renfe ticket. Now my question is, are they gonna check for my visa at the train station or just only my ticket coz I dont't have valid residence permit.? My schengen visa was already expired but I have valid Philippines passport.


it's unlikely that they would check at the train station, since it's within Spain


what's the appointment for btw?


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## kalkal (Jun 8, 2014)

xabiachica said:


> it's unlikely that they would check at the train station, since it's within Spain
> 
> 
> what's the appointment for btw?


Ok thanks xabiachica. I will lodge my application as EEA family permit unmarried partner to spanish national.


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## xabiaxica (Jun 23, 2009)

kalkal said:


> Ok thanks xabiachica. I will lodge my application as EEA family permit unmarried partner to spanish national.


at the British embassy?


is this for you to live in Spain?


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## kalkal (Jun 8, 2014)

xabiachica said:


> at the British embassy?
> 
> 
> is this for you to live in Spain?


We will move to UK now. Yes at the british embassy.


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## xabiaxica (Jun 23, 2009)

kalkal said:


> We will move to UK now. Yes at the british embassy.


ah - I didn't realise you could do that at the Embassy


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## kalkal (Jun 8, 2014)

xabiachica said:


> ah - I didn't realise you could do that at the Embassy


Yea as long as I have a valid passport I can apply. It was already sorted in the Metock Judgment under EU community law


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## zenkarma (Feb 15, 2013)

kalkal said:


> Yea as long as I have a valid passport I can apply. It was already sorted in the Metock Judgment under EU community law


It's not likely you will be admitted to the UK on the basis of being a family member—you're not married to an EU national and therefore not considered a family member. The Metlock Judgement regards family members—not likely/possible/future family members.

If you intend to marry a Spanish national in order to become an EU citizen, you need to do that in Spain before you travel to the UK. At the moment you're a Phillipine National and if your schengen visa has run out will require a visa to enter the UK.

That's my understanding anyway.


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## kalkal (Jun 8, 2014)

zenkarma said:


> It's not likely you will be admitted to the UK on the basis of being a family member—you're not married to an EU national and therefore not considered a family member. The Metlock Judgement regards family members—not likely/possible/future family members.
> 
> If you intend to marry a Spanish national in order to become an EU citizen, you need to do that in Spain before you travel to the UK. At the moment you're a Phillipine National and if your schengen visa has run out will require a visa to enter the UK.
> 
> That's my understanding anyway.


Thanks for your reply zenkarma. That's why I will apply EEA family permit so that I can go with my partner. And you don't need to be lawfully resident to apply this kind of visa and you can apply any country and free of charge. Anyway ther's no harm in trying so I will still lodge my application.


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## _shel (Mar 2, 2014)

kalkal said:


> Thanks for your reply zenkarma. That's why I will apply EEA family permit so that I can go with my partner. And you don't need to be lawfully resident to apply this kind of visa and you can apply any country and free of charge. Anyway ther's no harm in trying so I will still lodge my application.


 You need to provide evidence of your lawful residence in the country in which you apply. 

You also only qualify as unmarried partner if you have been legally living together as if man and wife for 2 years immediately prior to applying. If you are not legal in Spain you dont qualify.


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## xabiaxica (Jun 23, 2009)

_shel said:


> You need to provide evidence of your lawful residence in the country in which you apply.
> 
> You also only qualify as unmarried partner if you have been legally living together as if man and wife for 2 years immediately prior to applying. If you are not legal in Spain you dont qualify.


that's what I thought

@ kalkal - have you been living with your partner here in a registered relationship for two years? 

even if so, if you came on a Schengen visa & it has expired, you are living here illegally


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## _shel (Mar 2, 2014)

If not legally resident in in Spain they are traveling/holidaying which periods of are not counted in the 2 year requirement. 

You can be sure the ukba will tell Spain you are not legal too.


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## xabiaxica (Jun 23, 2009)

_shel said:


> *If not legally resident in in Spain they are traveling/holidaying which periods of are not counted in the 2 year requirement. *
> 
> You can be sure the ukba will tell Spain you are not legal too.


that's interesting - so even if the OP had somehow slipped through the net & managed to register the relationship here, it wouldn't count, since he's not meant to be here?


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## kalkal (Jun 8, 2014)

xabiachica said:


> that's interesting - so even if the OP had somehow slipped through the net & managed to register the relationship here, it wouldn't count, since he's not meant to be here?


I was registered in the town hall or empadronamiento and we have as well a certificate as unmarried couple or declaracion de pareja estable. Can I apply for NIE?


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## xabiaxica (Jun 23, 2009)

kalkal said:


> I was registered in the town hall or empadronamiento and we have as well a certificate as unmarried couple or declaracion de pareja estable. Can I apply for NIE?


anyone can apply for a NIE - it has nothing to do with being a legal resident - you don't even have to be in or come to Spain to get a NIE - it's just a fiscal number

to regularise your position here, you need to go to the extranjería to register as resident

you don't have to be a legal resident to be _empadronado, _nor does being so mean that you are a legal resident


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## kalkal (Jun 8, 2014)

xabiachica said:


> anyone can apply for a NIE - it has nothing to do with being a legal resident - you don't even have to be in or come to Spain to get a NIE - it's just a fiscal number
> 
> to regularise your position here, you need to go to the extranjería to register as resident


Ok but what doument I'm going to present to extranjeria? Can I use that declaracion pareja estable and empadronamiento for 2 yrs? Coz I was registered in empadro for more than 2 yrs.


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## xabiaxica (Jun 23, 2009)

kalkal said:


> Ok but what doument I'm going to present to extranjeria? Can I use that declaraciode pareja estable and empadronamiento for 2 yrs? Coz I was registered in empadro for more than 2 yrs.


I don't know if either will be acceptable to the extranjería - usually they will only accept a marriage certificate or libro de familia 

you'll have to ask them


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## _shel (Mar 2, 2014)

xabiachica said:


> that's interesting - so even if the OP had somehow slipped through the net & managed to register the relationship here, it wouldn't count, since he's not meant to be here?


 I'm not sure of the EU rules but the UK will definitely try and not issue a family permit if they do not meet the relationship requirement which is 2 years living together. That is legally living together proven in multiple ways including being legally resident in the country you apply from and are living in.


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## xabiaxica (Jun 23, 2009)

_shel said:


> I'm not sure of the EU rules but the UK will definitely try and not issue a family permit if they do not meet the relationship requirement which is 2 years living together. That is legally living together proven in multiple ways including being legally resident in the country you apply from and are living in.


I've been reading this Metock case - the main difference I can see between that & this case, is that in the Metock case they were legally married

the _declaración de pareja estable_ isn't a formal internationally recognised document - it's a local recognition of a relationship, which when issued by the Town Hall /ayuntamiento, gives the partner some rights, such as healthcare as a dependent

one reason ayuntamientos stopped issuing them was because a lot of foreigners were coming to Spain, weren't really in a relationship, yet claimed to be in order to sneak into the system - I suspect that this document issued by a lawyer, which is simply a declaration by the couple, (not the official pareja de hecho certificate issued by the ayuntamiento) wouldn't be accepted by the SS dept (INSS) for the OP to gain access to healthcare

I'm not at all sure that the _declaración de pareja estable _will be accepted by the extranjeria in order for the OP to become legally resident either, so also have my doubts that it would be accepted by UKBA as proof of relationship


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## kalkal (Jun 8, 2014)

xabiachica said:


> I've been reading this Metock case - the main difference I can see between that & this case, is that in the Metock case they were legally married
> 
> the _declaración de pareja estable_ isn't a formal internationally recognised document - it's a local recognition of a relationship, which when issued by the Town Hall /ayuntamiento, gives the partner some rights, such as healthcare as a dependent
> 
> ...


I am confuse now. Anyway I have an appointment now to british embassy nxt week so since its free of charge I will just submit my application.


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## xabiaxica (Jun 23, 2009)

kalkal said:


> I am confuse now. Anyway I have an appointment now to british embassy nxt week so since its free of charge I will just submit my application.


good luck :fingerscrossed:

let us know how you get on


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