# I have my Spanish residency, does my wife need to get a non lucrative visa first to then apply for her residency?



## Pete Davis (Aug 30, 2021)

Hi all
New member here, I am a UK passport holder with Spanish residency (TIE card) we live in Tenerife. My wife didn't get here residency sorted before 31st of Dec due to having an operation in the UK. We tried to apply for her residency in May this year once we had all her paperwork together (marriage cert apostilled medical cover etc etc) to then be told that we couldn't submit this and had to go back to the UK and apply for a non lucrative visa at the spanish consulate. Which has been another pile of paperwork to be translated and apostilled and to add to the difficulties now not getting any response from the Spanish consulate about an appointment. Any advice as to how we can get an appointment or if do we actually need a non lucrative visa? She has been a resident in Tenerife since 2015 but didn't get a resident green card. Any help much appreciated.


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## Joppa (Sep 7, 2009)

You shouldn't have to get NLV for your wife, as you have your residency under the withdrawal agreement and your wife can just apply for residence as your dependant. You were badly misinformed. This isn't the first time I have heard of similar misinformation from officials in the Canaries. I suggest you contact the consulate in Tenerife for help and advice.

Spanish Government Guide to Brexit:
What are the conditions for members of the UK family? Family members of United Kingdom nationals shall be beneficiaries provided that they satisfy one of the following conditions: ❖ Have resided in Spain before the end of the transition period and continue to reside here after this period; ❖ Have not resided in Spain before the end of the transition period, but have a direct link with a national of the United Kingdom before the end of the transition period and, at the time when they are to be reunited with them, (e.g. with regard to spouses, dependent ascendants.


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## MataMata (Nov 30, 2008)

Pete Davis said:


> She has been a resident in Tenerife since 2015 but didn't get a resident green card.


Living in Tenerife since 2015 of itself does not make her resident there.


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## xabiaxica (Jun 23, 2009)

MataMata said:


> Living in Tenerife since 2015 of itself does not make her resident there.


Yes, true.

In this case the wife needs to regularise her position ASAP by applying for a TIE under the WA by proving that she was living on Spain before the end of Dec 2020.

She'll need padrón & private health insurance at the very least. Proof of work contract or autónomo payments if she has been working. Tax returns.



It has to be said that we are now hearing of more refusals than acceptances for those applying at this late stage, although technically/officially there is no time limit for doing this. Applications are clearly being scrutinised in great depth.

Or she could simply apply as spouse of a legal resident.


I recently heard of a mother being accepted under the WA, but the father & child of the family being refused. Although the mother had been able to show that she had been living on Spain from last summer, the father had been working in the UK & the child had apparently been at school in the UK until the end of term just before xmas 2020, so you can perhaps see why there was a refusal.

That one will take a lot of unpicking.


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