View Full Version : Restraining order Mess!!

10-15-2012, 04:23 PM
I have a quirey on behalf of a my Chilean boyfriend.
Unfortunately during a second loud argument that took place between us both in our apartment over a year ago the neighbours called the police (Guardia Civil) and despite me not pressing any charges and denying domestic violence (because there was none) the judge still served us with an 18 month restraining order.

My Boyfriends residency expired in 2007 and his family have not assisted him in renewing it despite them all now being Spanish nationals (after being resident in Spain for over 10yrs).
His boss is happy to offer him a full contract of employment however cannot do so without him being a resident. we have a copy of a pre-contract. But his boss claims he has not been successful applying for him.

I main concern his he is now living and working here in Spain illegally despite his best efforts the last 2 years to register and do everything correctly.
We have consulted with a free lawyer this year and they tried to tell us that despite the restraining order ending this August he will still not be bale to apply for residency for 5 years.
Is there not a possibility that he can still register for residency via being a dependant of this mother being only 25?
Would it and could be an option to try a source a lawyer that mind be able to have the restraining order lifted at my request? Would that makes thing easier?

I feel as though I have to answer to the Guardia Civil on a monthly basis when they call to ask where I am if I'm ok etc. I can never relax, I feel I've done something wrong it has caused me issues with anxiety. And was something I refused in the first place I feel my human right have been infringed and also my right to freedom of movement.

My boyfriend is also very worried that he may be deported and with all his family, work and friends here he has nothing to go back to.
We have been engaged for over 2 years and I have recently learned that you cannot wed in Spain without each person having full residency is this in fact true?

What are are options here are there no loop holes in the law? anything I can do, he can do or the family can to to at least get him his residency?

Any suggestions will be immensely appreciated.