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Thread: South african living in gibraltar

  1. #1
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    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 letīs 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
    Legal Assistant at Lawbird
    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
    312

    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
    Legal Assistant at Lawbird
    Check My Profile

  7. #7
    Unregistered
    Guest

    Default Married

    Hi,
    I got married this month,my husband is a British citizen and he lives in Spain,how can I get a visa to go in and out of Spain as I work in Gibraltar,the Italian consulate no longer issue schengen visa as I used to get one of them to go in and out of Spain,I also want to change my name to my husbands name,if you have any information on how I can do that,please help.
    Thank-you

  8. #8

    Default

    Hello,

    I believe you are a non EU citizen, as you are in need of a visa to enter Spain.

    As a relative to an EU citizen that resides in Spain you are entitled to apply for the residence card as relative to an EU citizen, based on your marriage. That residence card will make things easier for you as you will not need to apply for visasīs any longer to go in and out of Spain, as you will be a legal resident. Gibraltar is a British territory so you will have to check with the British immigration authorities if they need any other document apart from your Spanish residence card so you can cross the border to go to work.

    In order to meet all and each of the requirements for the residence card application, you will need to register your marriage in a Civil registry , get the certificate of empadronamiento where you both appear as couple living together in the same house and then, the most important document, that is the marriage certificate with a minimum validity of 3 months, that needs to be accordingly translated into Spanish and legalized.

    As per your question related to the name change, this will have to be processed at the British consulate, as in Spain you do not change your surname after marriage.

    We can assist with the residence card application process at Lawbird so please do not hesitate to send us an e-mail through our webisteīs contact form.

    Best Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  9. #9
    Junior Member
    Join Date
    Jul 2017
    Posts
    2

    Default

    I don't know if i can get any help here, i am a south african, i used to live in Spain and have or had a spanish residency but it expired last year october and I want to go back and my husband is in Spain. We have a house there and our 5 year old son has a British passport. I came back because my mum was not well and now we thinking of going back. What do I need to do seeing my residency has expired?

  10. #10

    Default

    Hello

    If your residence card expired more than 6 months ago, and your plan is to remain in Spain, you will have to file a new residence card application. If your expired card was a PR card, you may have the possibility to recover the residency right, but if it is a temporary one, I can confirm you will need to file a new application.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

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