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DarioMartin wrote on Mon Feb 24, 2020 7:50am:
Thanks Karen - she sounds like she’d know her stuff then
She most certainly does we then had to have our marriage certificate certified with the apostille stamp and translated into Spanish
Posted: Thu Feb 27, 2020 10:07pm
Posted: Sun Mar 1, 2020 11:32am
Super helpful member
DarioMartin wrote on Wed Feb 26, 2020 8:45pm:
Further to this topic, Mundi Abogados have provided information that whilst in theory C.A.B are quite correct, their daily dealings with Extranjeria in Almería and with Seguridad Social show that stable co-habitation is NOT sufficient for either Residencia or Tarjeta Sanitaria.
Should you wish to attempt Residencia through de facto relationship, you MUST be registered as such in Spain or similar country with a sworn official document or certificate attesting to that fact, duly translated and apostilled. Even then, Extranjeria DO NOT necessarily accept that.
Sho...Read more...
...uld you wish to obtain Residencia as a partnership, the surest way is to be married. Irrespective of what C.A.B advise, Extranjeria DOES NOT recognise stable co-habitation or often even registered de-facto relationships.
For all those wondering, that is the definitive answer.
Hi Dario.
“Should you wish to attempt Residencia through de facto relationship, you MUST be registered as such in Spain or similar country with a sworn official document or certificate attesting to that fact, duly translated and apostilled. Even then, Extranjeria DO NOT necessarily accept that.”
Yes, it’s the law here that civil partnerships are accepted if stability is demonstrated, especially if there is a legal document and Spain grants civil partnerships. Yes, it would in the past need to be apostiled (as our U.K. marriage certificate had to be in Summer 2018) but in late 2018/early 2019 the EU made it clear to all EU countries that apostiling was no longer required.
<sigh> it seems that it takes a while for some Extranjeros offices to catch up. The law is the law and it is odd when an Abogado knows this yet advises that a couple with a legal civil partnership ‘get married’ so as to get residency.
Chris
Posted: Sun Mar 1, 2020 1:02pm
Legendary helpful member
chrisso50 wrote on Sun Mar 1, 2020 11:32am:
Hi Dario.
“Should you wish to attempt Residencia through de facto relationship, you MUST be registered as such in Spain or similar country with a sworn official document or certificate attesting to that fact, duly translated and apostilled. Even then, Extranjeria DO NOT necessarily accept that.”...
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...
Yes, it’s the law here that civil partnerships are accepted if stability is demonstrated, especially if there is a legal document and Spain grants civil partnerships. Yes, it would in the past need to be apostiled (as our U.K. marriage certificate had to be in Summer 2018) but in late 2018/early 2019 the EU made it clear to all EU countries that apostiling was no longer required.
<sigh> it seems that it takes a while for some Extranjeros offices to catch up. The law is the law and it is odd when an Abogado knows this yet advises that a couple with a legal civil partnership ‘get married’ so as to get residency.
Chris
Extranjeria are unfortunately, it seems, a law unto themselves.
I know when we presented our duly translated and apostilled wedding certificate from Gibraltar, it wasn’t accepted .... because the translation had been carried out by a Spanish Judicial registered translator ... who worked in Gibraltar; they demanded a translation by a judicial registered translator in Spain.
Now we both know that that translation was perfectly legal and acceptable - but if Extranjeria refuse to accept it, what are you supposed to do? Argue? That won’t get you very far, certainly not here. I have found that Extranjeria interpret the law as they see fit and there really is very little comeback.
Posted: Sun Mar 1, 2020 1:32pm
Helpful member
DarioMartin wrote on Sun Mar 1, 2020 1:02pm:
Extranjeria are unfortunately, it seems, a law unto themselves.
I know when we presented our duly translated and apostilled wedding certificate from Gibraltar, it wasn’t accepted .... because the translation had been carried out by a Spanish Judicial registered translator ... who worked in Gibraltar; they demanded a translation by a judicial registered tran...
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...slator in Spain.
Now we both know that that translation was perfectly legal and acceptable - but if Extranjeria refuse to accept it, what are you supposed to do? Argue? That won’t get you very far, certainly not here. I have found that Extranjeria interpret the law as they see fit and there really is very little comeback.
The easiest way is just to get married saves all the wasted time,trying to find out wether civil partnership is legal in Spain or not, a lot of people worry too much
Posted: Sun Mar 1, 2020 1:46pm
Legendary helpful member
John99andrew wrote on Sun Mar 1, 2020 1:32pm:
The easiest way is just to get married saves all the wasted time,trying to find out wether civil partnership is legal in Spain or not, a lot of people worry too much
Yes .... I was asking on behalf of someone else.
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DarioMartin wrote on Fri Feb 21, 2020 8:10am:
Good morning all, I have had a question passed my way and I simply cannot give a definitive answer, so I am hoping the collective wisdom (and experience, more importantly) here can assist. No names mentioned to protect the innocent involved :-D
A U.K. Passport holder who has a partne...Read more...
...r who is from an EU country wishes to settle in Spain. They are not married, but have been together for a period of time that exceeds that required to recognise a de-facto partnership.
A Gestor has been contacted, and has advised them that a de-facto partnership isn't sufficient for Residencia, and if she wishes to settle in Spain "on the back" so to speak of her partners EU passport (so, as an EU dependant) she needs to be married.
C.A.B have been contacted and have provided conflicting advice, stating that following an amendment in 2015 to the 2007 Law of Freedom of Movement, an EU and non-EU partner can apply for residence, having only to prove 1 years stable co-habitation and that the partner does not need to prove income in his/her own right, only that he/she is able to support the spouse (which includes Medical Cover)
MY personal experience is that Extranjería in Almería required me to provide an apostilled and translated wedding certificate to prove my partnership.
So over to the forum:
1. Who's correct? The Gestor? or C.A.B?
2. Can anyone recommend a really GOOD Gestor / Asesor in or around Mojácar / Vera / Vera Playa or surrounding area?
3. Gestor needs to be one that REALLY knows their way around the Oficina de ExtranjeríaLet the fun and games begin
good morning Daria i am asking you this question as i know you are the best person to ask this, i have Spanish residencia ( green card) from 2018 then the below is my question
i have a girlfriend in the UK who wants to move here to live with me later next year, she is 62, is there anyway there is a simple criteria that she can do
thanks in advance
Posted: Wed Oct 12, 2022 11:04am
Legendary helpful member
maxchef wrote on Wed Oct 12, 2022 10:49am:
good morning Daria i am asking you this question as i know you are the best person to ask this, i have Spanish residencia ( green card) from 2018 then the below is my question
i have a girlfriend in the UK who wants to move here to live with me later next year, she is 62, is there anyway there is a simple criteria that she can do ...
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...
thanks in advance
As above, being married is best and surest way, but proving 1 years stable co-habitation MAY suffice in some Autonomous Communities
DarioMartin wrote on Wed Oct 12, 2022 11:04am:
As above, being married is best and surest way, but proving 1 years stable co-habitation MAY suffice in some Autonomous Communities
i think i would go for the married option Dario , to be totally sure as we will be purchasing a new property together, i have a house here in my name but would sell it and both my girlfriend, would finance a new home together, , so she will not need to have an income to gain the residencia then i gather , just the usual, padron, NIE number etc as i have a small income and live of our savings as i have done the last 6 years
Gordon
maxchef wrote on Wed Oct 12, 2022 12:23pm:
i think i would go for the married option Dario , to be totally sure as we will be purchasing a new property together, i have a house here in my name but would sell it and both my girlfriend, would finance a new home together, , so she will not need to have an income to gain the resid...
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...encia then i gather , just the usual, padron, NIE number etc as i have a small income and live of our savings as i have done the last 6 years
Gordon
sorry Dario just to check that no proof of income would be an issue going down the married route
cheers
Gordon
Posted: Wed Oct 12, 2022 5:27pm
Legendary helpful member
maxchef wrote on Wed Oct 12, 2022 1:39pm:
sorry Dario just to check that no proof of income would be an issue going down the married route
cheers
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Gordon
As far as far I am aware, if married, she comes in as a dependent of an EU resident … if proof of income is required, it would only be at residencia levels i.e. 9.000€ available once-off.
If you have private health insurance, she will likely need her own health insurance or be named on yours, if you are on Spanish health system, you’ll need to go to TGSS in Huércal-Overa and get a certificate saying that she is your dependent (and so covered by your health cover)
She will of course need to be on the Padrón.
I would strongly advise contacting a Solicitor who specializes in migration, such as Mundi Abogados to check exact requirements though.
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