Change catagory of residence card

[Unregistered]

Hello,

can i change my residence card catagory from regimen communitario to regimen general without divorce .as i have not yet divoreced .and my card expired.




Zaman

[Patricia]

Hello Zaman,

I believe you have been granted regimen comunitario due to your family relationship with an EU citizen. If you do not file for divorce, you will still be under the regimen comunitario. There are advantages for those under regimen comunitario, so I wonder why you would be interested in turning it to Regimen General. In any case, these are the three cases where the Regimen Comunitario can be changed:

* Divorce
* Marriage declared Void
* Cancelation of the Common Law Partnership inscription

Regards,

[Unregistered]

Thanks for reply patricia, actually i am in very confusing situation , I have communitario residence card with my portugues wife ,she is actually not livng with me for long time and not in my contact now and almost not possible for me to contact her. for nenovation i deposited my papers but they sent me a letter on which it was written that bring your wife in policestation with you and also her birth certificate and marriage certificate.Then police will send report to ministry ,then will take deceison on my file.
without wife presence how i can have residence card.That is the reason i want to change my catagory.
in this situation what would be happen.

reply please....


zaman.

[Unregistered]

waiting for reply .....??? patricia

[Patricia]

Hello Zaman,

If you have been married for three years you can still keep you comunitario status even if the marriage has ended. I believe that you have not filed for divorce, but I recommend you to do it so the immigration authorities have documented proof that the marriage will no longer be a reason for you to have residency. So, once you are divorced you can renew your residence card under the regimen comunitario ( if the marriage lasted at least 3 years ), otherwise your card will be renewed but this time it will indicate Regimen General.

Have you explained the situation to the immigration authorities? Have they given you a documentation request ( requerimiento ) with a limited period of time? In this case, a solicitor can write a formal writing in response to it, explaining the case and imposibility for your wife to attent the request. That writing would also indicate a request to renew the card under regimem general based on the end of marriage and new personal situation.

Please feel free to contact me by e-mail, by clicking on my profile, if you wish to discuss further.

Regards,