Forum Spain

[Bondi]

Hi,

I am an Australian citizen (non EU citizen) living with my Danish girlfriend Nicole (EU citizen) in Sydney and we are moving to Barcelona in April 2004. We are considering getting married as this will make living, working and staying in the EU much easier. We have been living together in Sydney in a defacto relationship for 1.5yrs (which we can prove).

I understand that l need to apply for a Tarjeta Comunitaria (work and residence document) when l arrive in Spain which will give me full rights to residence and employment. I have a few questions which need to be clarified

* Should l enter Spain on a simple tourist visa then apply at a police station for the Tarjeta Comunitaria straight away? Approx. how long does it take?

* Does my parter Nicole have to obtain a job before l can apply for the residence visa? Do l need a job before l can apply for the residence visa?

* What exactly does the Tarjeta Comunitaria entitle me to ie. permanent or temporary residency, Spanish healthcare system entitlements, pension system etc

* Once l obtain the residence visa will l be able to work anywhere in Spain, in any industry or possibly setup my own business? Is there any other visa¡¦s l will need to obtain or does the Tarjeta Comunitaria cover everything?

* Do you think it is best to get married here in Australia or in Spain? (l am not sure if Australia has signed the Hague Convention ie. recognition of marriage certificate)?

* Is there anything we can do in Australia before we move to Spain to speed up the process? ie. medical exam, criminal records paper etc

Thanks for your advice.

Terence

[%sig%]

[BarbraAlm]

Terrence,

I am sorry I don't know Spanish regulations well enough, but if your wife-in-spe is Danish and if you can spare a month or so, I would suggest you first move to Denmark for a while and get all the benefits of an EU resident. That way, when you move to Spain you will be cover by EU rules, will have a health insurance, will be able to search for work wherever you please (not that getting a job in Spain is easy) etc. etc. Good luck!

[%sig%]

[EasyExpat]

Bondi wrote:
> * Should l enter Spain on a simple tourist visa then apply at a
> police station for the Tarjeta Comunitaria straight away?
> Approx. how long does it take?

Well, if marriage is often the solution to immigration problems, there is a delay and you might not be fully entitled to the dual nationality until after 6 months.
What you have to do before to enhance your chances, is to get in Australia a certificate showing a.s.ap. that you live already together (a partnership certificate exists in some countries, I do not know about Australia - but maybe things like commun bills might be enough?).
Anyway, remember that at the beginning, if you go immediatly after you marriage to Spain, you might have a delay before to get the Spanish nationality.

> * Does my parter Nicole have to obtain a job before l can apply
> for the residence visa? Do l need a job before l can apply for
> the residence visa?

No there is no relation. You will have the residence visa because you are married.

> * What exactly does the Tarjeta Comunitaria entitle me to ie.
> permanent or temporary residency, Spanish healthcare system
> entitlements, pension system etc

It gives you rights for the health care system, but also duty for taxe etc... better to ask more information to the Spanish consulate I'm afraid.

> * Once l obtain the residence visa will l be able to work
> anywhere in Spain, in any industry or possibly setup my own
> business? Is there any other visa¡¦s l will need to obtain or
> does the Tarjeta Comunitaria cover everything?

Don't forget that after being married to a Spanish person, you will be entitled to becoming Spanish.

> * Do you think it is best to get married here in Australia or
> in Spain? (l am not sure if Australia has signed the Hague
> Convention ie. recognition of marriage certificate)?

Definitly in Australia before to leave, as it will make things easier at the entry in Spain, but papers will have to be sent to Spain to be validated before they grant you for the Spanish citizenship.

> * Is there anything we can do in Australia before we move to
> Spain to speed up the process? ie. medical exam, criminal
> records paper etc

Don't know... (re criminal etc... Europe is fortunatly not like the States I hope! )

You can also check:
<http://www.elanit.com/immediacy/main.asp?page=2411>

<http://www.workpermit.com/spain/spain.htm>

And do not forget the main thing: Go to the Spanish Consulate.

[%sig%]

[Coyan]

Hello Cyril,

Some of the advise you give here is very suspect. You keep talking about Citizenship as if it only requires a 6 month waiting period. With most Western European countries the minimum wait for citizenship is 4 years and that is after you've been granted an indefinite residence from the authorities.

Secondly, in most cases EU law supercedes States Laws. If for example a British Citizen marries a non-EU national and moves to take residence in the UK. He or she will be treated according to UK immigration Laws. Whereas if she moves to another EU State as an Economic Treaty Citizen, she and partner/spouse will be treated generously under EU Law.

You need to find out more information about your advice before giving it out. Lots of people are in despearte situation and could follow a direction which will only worsen their situation.

coyan_law@yahoo.co.uk

[EasyExpat]

Hi Coyan,

First of all, thank you very much for your participation to the EasyExpat discussions. As you said you deal with EU Immigration Cases, I am sure you will be able to give relevant information to expatriate visitors.

Regarding the information on the 6 months period, I was talking about the necessary delay for the admin procedure (from giving the forms to getting the certificate) which depends on the countries of course. Some of them might take more or less time but that information was confirmed by the French ambassy in London.

The difference you are talking about is about being married and asking for the same citizenship as the partner, or following the standard immigration procedure whatever is your nationality. In UK, for a naturalization it is already enough to have lived five years in Great Britain, but in Italy you will have to wait 10 years and in France foreigners can get the french citizenship one year after they have married a native...

However I know that those things are very complicated, law is changing very often and that's the reason why we always strongly advise people to go to the consulate/ambassy before any step forward.


[%sig%]