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✎ FR US citizen re-entering Spain through marriage to EU national

Discussion in 'Spain' started by sbjohnson, May 25, 2017.

  1. sbjohnson

    sbjohnson New Member

    Joined:
    May 25, 2017
    Messages:
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    Gender:
    Male
    City:
    Madrid
    Living In:
    Spain
    Nationality:
    American (US)
    Languages:
    English
    I am currently on a student visa in Spain that expires at the end of June, but I am living (and want to continue living) here with my partner, an Irish citizen. We plan to get married relatively soon (late summer or early autumn), although we haven't quite figured out the logistics of it (whether we will do it in Ireland or the US). I have heard that, in order to be in Spain legally, I am required to leave the country for at least three months following the expiration of my student visa. Is this correct? Is there any way around it?

    Supposing that I do return to the US for a few months and that my partner and I get married, do I need to apply for a visa to join him again in Spain (from what I have read, a process that would involve him applying first in Spain then me applying for a visa at the consulate in my state)? I was looking at the Boston Spanish Consulate's website, and there was some text that I found slightly confusing, but that seemed to suggest that I might not need to apply for a visa. Here is the text, under "Residence visa to reunite a family member with a citizen of Spain or an EU member":

    It must be obtained by all nationals that are not EU citizens or they are from the countries that require visas to travel to the Schengen countries to reunite for residence in Spain with a Spaniard or an EU citizen including Norway, Iceland, Liechtenstein or Switzerland with whom they have the following family ties:

    1. Spouse. If you are not legally separated.
    etc.

    American citizens and those of nationalities that do not require visa according the above mentioned list (Anejo 1 ICC) do not require a residence visa and must apply for their residence card once they arrive in Spain.
     
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