# overstaying a spanish student visa



## trblyouforglasswarmilk (Nov 15, 2015)

Hello everyone,

I've been searching all over for some answers, but have realized every case is slightly different and am hoping I can get some here.

I arrived here in Spain in July of 2014 with a student visa that was valid for one year. Thus, my visa expired in July of 2015 and now I am faced with some problems. I would like to return to the USA to finish my studies and would like to be able to re-enter the country once I've completed my degree. I have been in a serious relationship with a UK citizen and Spanish resident and am worried that because I have overstayed my visa I will be faced with a large fine and/or be banned from re-entering Spain. 

She plans to continue on here to complete her Masters and is currently working so having us both go back to the USA is not an option at this point. I have been working under the table, but have recently lost my job and am worried I won't be able to find another job that will allow me to work illegally. 

We are in the process of completing our pareja de hecho, but the paperwork has not yet been completed so I do not currently have my NIE. 

Some questions:

Once the pareja de hecho has been completed and I have my NIE, will I have to apply for a UK passport in order to avoid a fine and/or being banned from re-entering Spain?

Will I be able to apply for a UK passport with a Spanish NIE being that my partner is a UK citizen and Spanish resident?

What would be the most effective route to take in order to be able to return home in January for 6 months in order to graduate in June while still being able to re-enter Spain?

Thanks


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## xabiaxica (Jun 23, 2009)

trblyouforglasswarmilk said:


> Hello everyone,
> 
> I've been searching all over for some answers, but have realized every case is slightly different and am hoping I can get some here.
> 
> ...


:welcome:

you can't get a British passport - not even if you were getting married. - not that easily anyway https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

I might be wrong, but my understanding is that in order to register as pareja de hecho, you cannot be here in what they call an 'irregular situation', which you clearly are


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## Veronica (Apr 5, 2008)

I wouldn't think you can get a UK passport because your girlfriend is British: You would need much closer ties to the UK to qualify for a UK passport.


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## trblyouforglasswarmilk (Nov 15, 2015)

I suspected as much regarding a UK passport. 

Well, I am currently empadronado in Sevilla and in the process of completing the pareja de hecho. Most of the paperwork has been completed apart from the two sworn free-to-marry statements. At this point the application hasn't been stopped. Is there still a chance the application will be rejected after submitting all this paperwork? I would think that my application would have been denied much sooner had one piece of the application been out of place.

Thanks so much for the help and the warm welcome.


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## trblyouforglasswarmilk (Nov 15, 2015)

Is there a way to return to Spain with my NIE once my pareja de hecho has been approved?

I would think my US passport would not allow me to re-enter being that I overstayed my visa even with a Spanish NIE. Am I wrong in assuming this?


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## xabiaxica (Jun 23, 2009)

trblyouforglasswarmilk said:


> Is there a way to return to Spain with my NIE once my pareja de hecho has been approved?
> 
> I would think my US passport would not allow me to re-enter being that I overstayed my visa even with a Spanish NIE. Am I wrong in assuming this?


if your _pareja de hecho _is approved, I'm pretty sure that you still have to apply for residency as _family of an EU citizen exercising treaty rights

_If successful, you would then be issued a _tarjeta de resdencia, _which means that you have the right to live here until it expires. 

This can take some months to be issued though (& again isn't guaranteed to be so if requirements such as financial & healthcare aren't met) & you cannot leave the country except in exceptional circumstances until it is issued 



This recent thread has more info on that http://www.expatforum.com/expats/sp...spain/907505-help-needed-american-friend.html


A NIE by the way is simply a fiscal number & is nothing to do with right to residence nor right to work


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## trblyouforglasswarmilk (Nov 15, 2015)

If I do decide to leave before receiving my tarjeta de residencia how long would I be banned from re-entering Spain?


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## xabiaxica (Jun 23, 2009)

trblyouforglasswarmilk said:


> If I do decide to leave before receiving my tarjeta de residencia how long would I be banned from re-entering Spain?


up to 10 years, if you're caught


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## trblyouforglasswarmilk (Nov 15, 2015)

If my NIE does not give me the right to work nor residency, what rights does it afford me?


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## xabiaxica (Jun 23, 2009)

trblyouforglasswarmilk said:


> If my NIE does not give me the right to work nor residency, what rights does it afford me?


None at all

It's simply a number which is used by the tax department. You don't even have to be in Spain nor even set foot in Spain to have one. You would need one for instance if you inherited property in Spain, or wanted to buy a holiday home.

You do need one in order to work - but it doesn't give you the right to do so


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## trblyouforglasswarmilk (Nov 15, 2015)

Thank you again. It seems that I cannot work legally without residency or a work visa. I would need to return home to the USA to obtain a work visa, however, would most likely not be allowed to re-enter because I overstayed my student visa. Also, the website below states that if I am not working (which I won't be able to do here legally) I will need to provide documents proving that I will not be a burden on the social system. However, it appears that in order to provide proof of health insurance and proof of funds I would need to be able to work here legally. So you see, it's sort of a catch-22.

I am basing this off the information I found here:

The NIE Number and Residency in Spain


Is this correct? Is it at all possible to attain residency without being able to work legally?

My goal is to be able to live and work here legally in order to create a life with my partner. I feel seriously about this relationship and honestly believe she could be "the one." If this were not the case, I wouldn't be willing to go through half as much trouble as I've already gone through in order to stay here.


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## xabiaxica (Jun 23, 2009)

trblyouforglasswarmilk said:


> Thank you again. It seems that I cannot work legally without residency or a work visa. I would need to return home to the USA to obtain a work visa, however, would most likely not be allowed to re-enter because I overstayed my student visa. Also, the website below states that if I am not working (which I won't be able to do here legally) I will need to provide documents proving that I will not be a burden on the social system. However, it appears that in order to provide proof of health insurance and proof of funds I would need to be able to work here legally. So you see, it's sort of a catch-22.
> 
> I am basing this off the information I found here:
> 
> ...


If you apply for residency as family of an EU citizen then *they have to prove that they can support you*, & you will need healthcare provision.

If successful, then you would be allowed to work

Even EU citizens have to prove that they aren't going to be a burden on the state in order to register as resident here - but no, not everything in that article is correct, & doesn't apply to you anyway, because it's about EU citizens


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## mrypg9 (Apr 26, 2008)

It was I who posted the thread about the American friend here for 90 days who wants to stay longer. He is resigned to going back at the end of the 90 days as he doesn't want to be fined or banned from re-entry to the EU.
He has been in contact with the US Embassy and knows there is no way he can stay.
You have already overstayed by some four months so it's likely you would be fined or banned. If it's found you've been working illegally you'll be in deep trouble.
You could stay undetected.....then one day you are involved in an accident or routine check, your passport is inspected by the police....and then you're in trouble.
The current Schengen rules are under the jurisdiction of the EU so the US authorities don't have much if any say in how they're applied.
The minute you approach any Spanish authority and show your ID your overstay will be revealed.....
Sorry to be giving such bad news but I feel sorry for my friend Jim too, who loves being here even if he hasn't fallen in love as yet...


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## mrypg9 (Apr 26, 2008)

The longer you stay in Spain before you return to the US, the more severe the penalty might be. 
If you throw yourself on the mercy of the Immigration Officer you might get away with a severe reprimand.


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## trblyouforglasswarmilk (Nov 15, 2015)

mrypg9 said:


> It was I who posted the thread about the American friend here for 90 days who wants to stay longer. He is resigned to going back at the end of the 90 days as he doesn't want to be fined or banned from re-entry to the EU.
> He has been in contact with the US Embassy and knows there is no way he can stay.
> You have already overstayed by some four months so it's likely you would be fined or banned. If it's found you've been working illegally you'll be in deep trouble.
> You could stay undetected.....then one day you are involved in an accident or routine check, your passport is inspected by the police....and then you're in trouble.
> ...


As I am applying for pareja de hecho will they find out that I am currently here illegally and deport me? Being that I am attempting to gain legal status, will they do so?

I ask this because my passport and info was sent off as part of the pareja de hecho process, that portion of the application was approved and we are currently empadronado in Sevilla. Wouldn't that have set off a red flag and alerted the authorities as to my illegal status?


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## mrypg9 (Apr 26, 2008)

trblyouforglasswarmilk said:


> As I am applying for pareja de hecho will they find out that I am currently here illegally and deport me? Being that I am attempting to gain legal status, will they do so?
> 
> I ask this because my passport and info was sent off as part of the pareja de hecho process, that portion of the application was approved and we are currently empadronado in Sevilla. Wouldn't that have set off a red flag and alerted the authorities as to my illegal status?


I would have thought so. But bear in mind that the agreements regarding visas and lengths of stay are not alterable by any Spanish authority as they are EU regulations binding on all EU Schengen member states - only the UK is non-Schengen.
I thought you had to have an NIE before being on the padron...
Your problem will arise when you attempt to leave the EU for the US. No avoiding that fact, I'm afraid and the longer you stay the worse any 'punishment' is likely to be.
Bottom line: you won't get a UK passport very easily if at all, not by marrying a UK citizen. Recent rule changes have blocked that. 
You have two problems: one, you have overstayed and shouldn't be in any EU Schengen member state and two, working illegally is not advisable ...as it's illegal and if caught your illegal status would be noted.
My advice would be as I said...go home, beg for mercy if threatened with a fine or deportation, finish your degree and then make applications through the proper channels regarding a return to Spain for the purpose of marriage to an EU citizen.
The onger you leave returning to the US the worse your situation.


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## 213979 (Apr 11, 2013)

trblyouforglasswarmilk said:


> As I am applying for pareja de hecho will they find out that I am currently here illegally and deport me? Being that I am attempting to gain legal status, will they do so?
> 
> I ask this because my passport and info was sent off as part of the pareja de hecho process, that portion of the application was approved and we are currently empadronado in Sevilla. Wouldn't that have set off a red flag and alerted the authorities as to my illegal status?


Given that you're trying to rectify the situation, I don't think you'll have a problem. I have heard of numerous Americans who have "been as naughty as you have" without any penalty. 

It's a wait and see thing. It all depends on how benevolent the funcionarios you're dealing with are. 


That being said, I don't get why you're applying for PDH if you're leaving Spain soon. You'll have to ask the local authorities the next time you deal with them, but I'm fairly sure your residency permission will be void if you're out of Spain x-numer of days. 

Also, check your PMs.


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## trblyouforglasswarmilk (Nov 15, 2015)

elenetxu said:


> Given that you're trying to rectify the situation, I don't think you'll have a problem. I have heard of numerous Americans who have "been as naughty as you have" without any penalty.
> 
> It's a wait and see thing. It all depends on how benevolent the funcionarios you're dealing with are.
> 
> ...


Thanks for the PM! My leaving to finish my degree in January depends on whether or not I gain the ability to legally live and work in Spain. I need to return to the USA to finish what I've started, however I won't leave if I am unable to return. It'll just be a tremendous hassle to be re-admitted to my university.

Hopefully, I'll be able to complete the pareja de hecho soon and obtaining my tarjeta de residencia will be a much quicker process.


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## mrypg9 (Apr 26, 2008)

elenetxu said:


> .
> 
> It's a wait and see thing. It all depends on how benevolent the funcionarios you're dealing with are.
> 
> ...


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## mrypg9 (Apr 26, 2008)

Found this from a US site:


R*esidence Visa for Non-Lucrative Purposes

Retirees or others who have the financial means to support themselves without working can apply for residence in Spain for non-lucrative purposes. To qualify, you must show that you have the means to support yourself and any dependents without working. For 2015, the official monthly minimum income is €2,130 for an individual and €532.51 for each dependent. However, the actual minimum income you’ll need to show will depend on where you choose to live (and how expensive that destination is). Spanish Immigration will determine this.

In addition, citizens of non-EU countries (including the U.S. and Canada) must show proof of private health insurance valid in Spain. Other requirements include a valid application form, a certificate of good conduct issued by the police in the city (or cities) where you’ve lived over the past five years, and a medical report, among other things.

You must submit all the required documents to your nearest Spanish embassy or consulate in person, and by previous appointment.

Processing your application may take up to three months. After your application has been approved, you have one month to collect your entry visa from the consulate and then three months to enter Spain. Initial visas are for one year.*


I think this will be helpful for my friend, a retired teacher, but he will have to return to the US after his 90 days have expired to submit the application...


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