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Thread: South african living in gibraltar

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  1. #1
    Unregistered
    Guest

    Post South african living in gibraltar

    Hi,
    I am a South African citizen,living and working as self employed cleaner in Gibraltar,my boyfriend lives in Spain and we want to live together,due to me needing a visa to cross the boarder i cant live in Spain,as the visa i can get its only a shcengen visa for 3 up to 6 month(if lucky).
    He is planning to buy another property in Spain and put my name on it,my questions are
    -Am I entitled to have property in Spain not residing there?
    -Can i get a residence permit if i have my name on a property?
    -Can i use my schengen visa for immigration purposes or i need another type of visa?
    -How can i apply for NIE number?as i hear one needs it when signing papers to buy a property
    -Which easier way for South Africans to get residency in Spain?

  2. #2

    Default

    Hello,

    Welcome to the belegal forum.

    You can own property in Spain regardless of your residency status, and the fact of being a property owner in Spain does not grant you the right to become a resident per se. The type of visa, or let´s call it permit, that you need in order to live in Spain with your partner, and also have the right to work, is a salaried or self-employed work and residence permit. The former is based on salaried work contracts and it is currenly quite hard to obtain unless the job is listed as a demanded profession in the list that the employment authorities issues quarterly ( to date, professionals related to Medicine, Naval Engineering and professional/elite sports training are highly demanded). The latter type of permit is based in self employed economic activities, that is, that you set up a business in Spain. Should you take this option, the main requirements will be the availability of sufficient funds and having a well supported business plan. However, there are a few other requirements to be considered which should be informed by a professional advisor ince you decide to go ahead with the application.
    Finally, there is the option of marriage or registering as Common Law partnership that will allow you to apply for the residency as being a relative to an EU citizen and will allow you to work in Spain for 5 years.
    Lawbird can offer you legal assistance in all the above mentioned cases.

    You are right,; in order to purchase a property you will be required to have a NIE ( Numero de Identificacion de Extranjero ). You can apply for a NIE number through our company NIE Number Direct: www.nienumberdirect.com. We will be able to apply for your NIE without the need for you to be present.

    Best Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #3
    Unregistered
    Guest

    Post

    thank-you for your response,now my question is,if i take the marriage route,will i be allowed to cross over the border without a visa as we need a visa to go over??or what first step to take as soon as i get married??
    Thank-you again.

  4. #4
    Senior Member
    Join Date
    Oct 2008
    Posts
    311

    Default

    Hello,

    Even if you get married you will still need a visa to get to Spain. Different to the one you have been requesting all long, but still a visa. Once you are in Spain, if your partner is resident here and you also wish to become resident in Spain , you will need to request a 'Permiso de residencia de familiar comunitario'.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  5. #5
    Unregistered
    Guest

    Question NIE

    can everyone can apply for a NIE? i am already in spain but illegaly syaing here can i apply for that coz you mention i dont need personal appearance... thank you

  6. #6

    Default

    Hello,

    The NIE certificate can certainly be applied for by any foreigner who needs it for any purpose (property purchase, inheritance, tax filing, etc .). As you mention in your post, you do not need to appear in person, as you can grant a power of attorney to a third party who will apply on your behalf. However, this fact does not "hide" the illegality of your stay: the Police Office will request a photocopy of all the pages of your passport and they will be able to check if you are in Spain legally or not. If the latter is true, they will not issue the NIE certificate and may even file for a deportation order.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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