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Thread: Residence Permit

  1. #1
    Unregistered
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    Default Residence Permit

    I hope someone can help me please with my questions.

    I am a non-EU citizen married to an EU citizen for almost 5 years now and we are living in Spain. I have a residence card on the basis of this marriage and t is up for renewal. What happens if I won’t be able to renew it on time due to unforeseen circumstances?

    Also, I read on the Internet that one of the requirements for renewal is a legalised and authenticated OR apostilled marriage certificate issued no more than three months prior to renewal application. Is this applicable throughout Spain or for specific areas only?

    Lastly, is changing the type of my permit from regimen comunitario to regimen general applicable in my case as I have been a resident for almost 5 years now? What are the benefits of regimen general as against regimen comunitario?

    Thank you very much in advance.

  2. #2
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    Default One more thing ..

    About the "Tarjeta de residencia permanente de familiar de ciudadano de la Unión" - who gets to have this type of residence card?

    Thank you in advance.

  3. #3
    Senior Member
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    Oct 2008
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    Default

    This card gives all those non EU citizens who are family of a EU or EEA resident, the ability to reside in Spain on a permanent basis.
    The card is obtained on the fifth year of residence and it and has a validity period of ten years.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  4. #4
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    Gracias, Marta!

    But if you have this card "Tarjeta de residencia permanente de familiar de ciudadano de la Unión", are you considered under regimen comunitario? Will it be better if you are under regimen general?

    The way I understand it regimen comunitario means you are in Spain because of your ties with an EU national. And with regimen general, you are a legal resident by virtue of continuous stay in Spain. Is this correct? I hope I am making sense.

  5. #5
    Senior Member
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    Oct 2008
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    Hello,

    Yes, this is correct. Holding this card means that you are under 'regimen comunitario'. I wouldn't say that one type of residency has advantages over the other, they are just different and depending on your personal circumstances you must have the correct one. What is true is that to begin with, it is easier to obtain residency in 'regimen comunitario' than under 'regimen general'.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  6. #6
    Unregistered
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    Default

    Thanks Marta.

    The reason I asked about regimen comuntario vs regimen general is that I am renewing my tarjeta de residencia de cuidadano and I need to show all documents again and actualizado like marriage certificate, etc. which aren't quick to get especially if you need to get them outside of the EU.

    Now is it possible to change from regimen comunitario to regimen general if you have living in Spain continuously for five years?

  7. #7
    Unregistered
    Guest

    Default awaitng ur answer marta

    My case is same like that I m studying ur answers and awtg ur reply now pls guide us

    The reason I asked about regimen comuntario vs regimen general is that I am renewing my tarjeta de residencia de cuidadano and I need to show all documents again and actualizado like marriage certificate, etc. which aren't quick to get especially if you need to get them outside of the EU.

    Now is it possible to change from regimen comunitario to regimen general if you have living in Spain continuously for five years?[/QUOTE]

  8. #8
    djw
    Guest

    Default Renewing Non-EU Residency Familiar

    Hi.
    In 2005 i got residencia familiar de la union, my wife is Portugeesa, now i want to renew it, but I have since divorced my wife. I have fijo job contract. Please tell me if I can still apply for my permenant residency card now I am divorced and what documents i need.
    Thankyou

  9. #9
    Senior Member
    Join Date
    Oct 2008
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    Default

    Quote Originally Posted by Unregistered View Post
    Thanks Marta.

    The reason I asked about regimen comuntario vs regimen general is that I am renewing my tarjeta de residencia de cuidadano and I need to show all documents again and actualizado like marriage certificate, etc. which aren't quick to get especially if you need to get them outside of the EU.

    Now is it possible to change from regimen comunitario to regimen general if you have living in Spain continuously for five years?
    Hi,

    When renewing your 'tarjeta de residencia de familiar de ciudadano de la Union' you will need to you show that your link to the EU citizen is still up to date. Therefore yes, you will need to present your marriage certificate, etc. I would only change to regimen general if your marital circumstances had changed.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  10. #10
    Senior Member
    Join Date
    Oct 2008
    Posts
    312

    Default

    Quote Originally Posted by djw View Post
    Hi.
    In 2005 i got residencia familiar de la union, my wife is Portugeesa, now i want to renew it, but I have since divorced my wife. I have fijo job contract. Please tell me if I can still apply for my permenant residency card now I am divorced and what documents i need.
    Thankyou
    Hi,

    In your circumstances you have up to six months to change from regimen comunitario to regimen general. You can apply for the permanent residency normally after five years, not before. There are certain exceptions to the rule. So do check with your lawyer whether you would fit into any of them.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

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