Helo
I have permanent comunatario residency(validity 10years). I want to shift in another e.u.country. can i do work there on this residency or i have to change it in residency (larga duracion E.C.).
At this time we are divorced also now.
Awaiting guidance pls.
shamsher
Hello,
The fact of holding permanent residency in Spain allows you to live and work in Spanish territory on a permanent basis and as you may be aware, you can even apply for Spanish citizenship after 10 years of legal residency. However, if you intend to move to a different EU country, you will need to consult their particular immigration regulations to find out how the Spanish PR permit will affect and benefit a residence permit application in their country. In the event you are finally granted a Spanish passport, you will be regarded as an EU citizen and able to live and work in any EU country.
Regards,
HelloQuote:
Originally Posted by Patricia
Thanks Patricia
My question is
1.Permanet and comunatario, is it same like Laraga duracion E.C.(Europa comunity)?
(Now we are divorced)
2.If no then is it possible to change into larga duracion E.C.?
3.what are the requirements to change Permanent & comunatario to Larga duracion Ec.?
Hello,
Residencia de Larga duración is granted to those non EU citizens that have been living in Spain legally during 5 years. Once applied for and granted, it is renewed every 5 years.
The EU permanent residency - Residencia Permanente comunitaria, is granted to those relatives to EU citizens, and is renewed every 10 years. As you are already divorced and therefore no longer subject to the EU regime, you would get the ordinary Larga Duracion Residency.
However, due to the modifications indicated in the Royal Decree 1710/2011, of 18th November, in relation to Royal Decree 240/2007 that regulates EU citizens regime, you will not lose your status as comunitario if you can prove the marriage lasted at least 3 years and that at least 1 of those years you resided in Spain. You will also be required to prove sources of income in Spain to be able to apply for that type of permanent residency.
Please feel free to e-mail me on Patricia at Lawbird.com if you wish that we study your case in detail.
Best Regards,
[QUOTE=Patricia;13982]Hello,
Residencia de Larga duración is granted to those non EU citizens that have been living in Spain legally during 5 years. Once applied for and granted, it is renewed every 5 years.
The EU permanent residency - Residencia Permanente comunitaria, is granted to those relatives to EU citizens, and is renewed every 10 years. As you are already divorced and therefore no longer subject to the EU regime, you would get the ordinary Larga Duracion Residency.
However, due to the modifications indicated in the Royal Decree 1710/2011, of 18th November, in relation to Royal Decree 240/2007 that regulates EU citizens regime, you will not lose your status as comunitario if you can prove the marriage lasted at least 3 years and that at least 1 of those years you resided in Spain. You will also be required to prove sources of income in Spain to be able to apply for that type of permanent residency.
Thanks patricia
A lot of thanks Patricia, I got deivorce after 06 year, I m working in spain last 04 years regularly.i have fijo job contract.
My question is:-
1.with Residency Permanente comuntario can i do work in whole europa now.
Permanente comunatario mean Permanent resident of europa? yes or no?
2.If no then how can i change my status Larga duracion E.C. because i want to leave spain.
Thanks
Hello,
In that case you will have no problems to apply for the residencia de larga duracion ( or permanent ) comunitaria.
In response to your main query: Yes, with that type of permit you can work in any EU country as any EU citizen can do.
Regards,
Bundle of thanks patriciaQuote:
Originally Posted by Patricia
I think you have keen interest in your profession. I discussed my case with different lawyers differnt forums but no body gave me proper refrences like you. So again Thanks
Pls try to find out solution for nationality also. Because normally Asian people have right to apply for nationality after 10years. It was same like portugal, but now they are giving nationality after 06years. U can see detail on this site
http://en.wikipedia.org/wiki/Portuguese_nationality_law
In this site u study headings pls "Birth in Portugal, Naturalisation as a Portuguese citizen"
Belgium giving nationality after 05 years. Even in lot of european countries after getting permanent card u can apply for nationality with in 12month to 18month they clear the case of nationality. but in spain still after 10years we can apply for nationality. After spending 12year to 13 year we can get nationality.
Is there any law or under consideration law to change nationlity law in spain?
Now in spain a lot of people have 05year card but they have no job. getting PARO, AYUDA So this is a big burdon on spain. If Government give them nationality they will leave spain. A lot of problems will solve automatically.
So pls study deeply for to solve this problem also.
awaiting ur comments pls.
Hello,
Thank you for your compliments.
The Spanish Law in relation to the Spanish nationality requirements have not changed to date, that is, that any non EU citizen that has no family ties with any Spanish national, nor was born in Spain, cannot opt for Spanish nationality unless he/she has lived in Spain legally for 10 years. This is called Spanish nationality due to residency.
We are unaware of any projected changes regarding these regulations in the near future.
Regards,
Hello Miss PatriciaQuote:
Originally Posted by Patricia
My residency regimen comunitario is expiring in m/o june2012. I m working in spain last 04 years regularly. I have job contract also. My wife is Portugeesa. She is not in my contact.
In Oct2011 I applied for divorce.
In Feb2012 I paid fees of Parquridor. My lawyer is saying that court sent divorce notifications on my wife adresses.
My question is
1. In this sitution how much more time required for completion of divorce.
2. In case if divorce process does not complete, then which residency i will get.
Thanks in adv. Hope u will guide me also
Hello,
The divorce notifications should be sent to you both, not to only your wife, and your lawyer should make sure you are accordingly notified of any resolution related to the divorce. As I do not have the particulars of the case, I believe that your lawyer will be able to let you know what is the approximate duration of the process and when it should be finished.
Once you residency expires in June, you will have to apply for the residencia de larga duracion, under regimen comunitario, that is, that as you have been married for more than 3 years to an EU citizen and legally living in Spain for 5 years, you can apply for this type of residency ( form EX-19 ) and as you will be requested to provide with proof of income, the work contract will be of help.
Please feel free to contact me on patricia at Lawbird.com if you wish to discuss your particular case.
Regards,
Hi Miss PatriciaQuote:
Originally Posted by Patricia
1.can i do work in England also as EU citizen can do? as i have status permanent comunatario.
2.Do i need visa to ravel england?
Thanks & awatng
Hello,
No, the UK, Ireland and Denmark are not part of Council Directive 2003/109/EC of 25 November 2003 Concerning the Status of Third-country Nationals who are Long-term Residents. You will also be required to apply for visas to enter the UK even if you hold EU permanent residency.
Regards,
Hello MissQuote:
Originally Posted by Patricia
I need a favour pls. Pls send me link or website of europa which one proove that i can do work in whole europa now.
I tried to do work in swedon they are saying u bring ur residency Larga duracion EC. otherwise u have no permission to do work in whole europa. I have permanent comunitario residency.
I tried it to change in spain they are saying no need to change its value is same. so Im confused. pls help me with a documentry avidence.
Hello,
This is the Law that regulates long stay permits and its validity in other EU countries: Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.
Regards,
Thanks as you sent link it is for having residency larga duracion EC.Quote:
Originally Posted by Patricia
please send me link / web site as for Permanente comunatario.(wife divorced) can do work in EU countries
Awtng ur guidance plsQuote:
Originally Posted by Unregistered
Thanks as you sent link it is for having residency larga duracion EC.
please send me link / web site as for Permanente comunatario.(wife divorced) can do work in EU countries
Awtng ur guidance pls
Hi Patricia - Just to clarify, please. On your second paragraph, you mentioned "The EU permanent residency - Residencia Permanente comunitaria, is granted to those relatives to EU citizens, and is renewed every 10 years".Quote:
Originally Posted by Patricia
I am non-EU married to an EU national and living in Spain for 5 years when I renewed my residencia. But it is valid until 2016 - just 5 years. I thought this should be 10 years as you mentioned? I applied in the Canary Islands.
Looking forward to your thoughts. Thank you.
Hello,
Yes, this needs to be corrected. In accordance with the modifications made in April last year after the Royal Decree 557/2011 came into force, this was changed and the permanent residence card has to be renewed every 5 years, no matter if it is under Regimen General or Comunitario.
Regards,
Thank you, Patricia.Quote:
Originally Posted by Patricia
Hello Patricia,
Im a non EU married to a Belgian 5 years ago, and still is. My question is: Do I get the same NIE card in terms of duration? I got 5 years with my present card and must renew it in August 2013. Also, I would like to ask if I can already apply for a Spanish Citizenship. Im carrying a Filipino passport..Thanks a lot
More power!
Luis
Hello Luis,
If your card expires this summer, after 5 years of validity, you are entitled to apply for the Permanent residence Card as a Relative to an EU citizen, being the basic requirements to still keep the same Family relationship, have adequate sources of income and not having been out of the country for more than 30 months during the last 5 years and under no circumstances should any absence be of more than 12 consecutive months. You can find all the information about this application here. That new card will grant you a permanent right to stay, but the actual card will have to be renewed every 10 years ( renewal will be automatic ).
As you are a Filipino citizen, you are eligible for Spanish nationality after 2 years of legal residency, which means you are eligible since August 2010. Therefore you can file your nationality application at the closest Civil Registry whenever you like. You can learn more about the requirements and procedure here.
Regards,
I have a query about working in Spain. In 2004 I married an EU citizen (Ireland) who had residency in Spain (I am an American). In 2005 I received my NIE. I worked continuously in Spain from 2005 through 2011. In 2010, when I renewed my NIE, I received Residente Permanente (expires 24-02-2020). Unfortunately in the fall of 2011, we divorced. I left Spain for work elsewhere and have been out of the country for about 1 and half years. I now have an offer of work in Spain and want to return. I consulted two lawyers and received two different answers! I am hoping you can give me some advice.
The first lawyer said there was no problem. I have Residente Permanente status. And I was married for over three years and I had lived in Spain for more than one of those years.
The second lawyer said that whilst the above was true, I had to apply to the Ministry of the Interior for permission to live in Spain and permission to work in Spain before I could accept the job offer.
I would appreciate your advice.
Thank you!
Hello patricia
Thanks for ur guidance, with ur guidence i received permanent residence card(validity 10 years). In m/o March my divorce is also completed. Then With this card i tried differnt EU countries for job but they did not give me permission to do work. They were saying with this card with ur wife u can do work here. without her u can not do work. So
I came back in spain and I applied to get Larga duracion EU. Now my residency larga duracion eu Resulto FAVORABLE now.
1.Hope now i can do work in whole europa now?
2.when i will get larga duracion EU. i have to return my residency Permanent comunitario? or i can use both?
3.If i go in other country i start business at there and have business in spain also after 10 years can i apply for nationality?
4.If i do not go in other country and live and do work in spain, after 10 years i can apply for nationality.
Thanks and awaiting.
Hello Patricia,
I have completed living in Spain for 5 years. The first two years of this stay were as a student, and later on a work contract. I went to apply for the Residencia de larga duracion (normal), but the officer incharge refused to process my application saying that NIE - Estancia por motivos de estudios that I had in the first 2 years does not constitute residency. I wanted to confirm whether this is the case since I cannot find this written anywhere in the the Spanish law [i.e. Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social. ArtÃ*culo 32 Residencia de larga duración].
Many Thanks and Regards,
Valencio
Hello Valencio,
You can check Chapter II article 37 of the Ley de Extranjeria where it indicates that the student status is regarded as stay and not residency. A stay status that can be extended if the students wishes to go on with the education and training course in Spain.
The residency status is regarded once you have got a residence card based on a salaried or self employed work permit.
Regards,