Are we considered as Overstayers?

Hi,
I'm looking for advice from someone who knows about the EU/Spanish immigration system.

I have a German Passport, while my partner has a New Zealand Passport.

Prior to moving to Spain in July 2015, we lived in the UK for 4 years, and my partner has her EEA Family Permit and UK Residency Permit - as part of an EEA family member.
- we are not yet married, but have 2 kids together (German Passports), and have been together for 15+ years, which is how she got her EEA Family Permit from the UK.

We both registered on the Town Padron in November 2015 (so 4 months after we arrived here), but I suspect we should have also registered as a foreign national somewhere?

To make matters more interesting, when we came here from the UK, my partner never got an Entry Stamp on her passport.

Is anyone able to advise on what our next steps should be - are we considered as overstayers??



Thanks in advance!

Michael.

Hello Michael,

No, you are not considered over-stayers.

I recommend you that, if your intention is to spend more than six months per year in Spain, that you register as residents.

In your particular case, as you are an EU citizen, you only need to apply for a Certificado de Registro de Ciudadano de la Union, that will require you provinf your financial situation, the padron and in case you do not work proof of private medical insurance. The certificate will be issued on the spot. This also applies to your children.

As your wife is a non EU citizen, she will have to apply for the residence card based on family settlement ( arraigo familiar ) as her children are EU citizens. In case you were married, she could apply for the residence card as the relative of an EU citizen, as you would be able to prove the marriage. As this is not the case, she can apply via the settlement route. The difference between both types of permits are that the settlement one is based on exceptional circumstances and only valid for one year and the other residence card is ruled by Regimen General and it is valid for 5 years. I recommend you to register as Registered partners ( Pareja de Hecho ) and go for the residence card as the relative of an EU citizen application.

if you wish to discuss your particular situation further please feel free to drop us an email via our website contact form.

Regards,