Abit complicated question about residence

[Nikol Rodrigues]

Hello, i searched some answears but nowhere i couldnt find a proper answear. I hope here i could get one.

I am a haitian girl, came in Bilbao 2 years ago with my boyfriend. He is from Spain. The idea was to marry him. Recently love was gone, but i married him because i was about to get deported. So now we r married.
I want to ask how much time we need to be married, so i can keep residence and not be deported back. I dont love him anymore, i dont want to be with him. But i dont wana be deported also.
Thanks in advance.

[Marta]

Hello Nikol,

If you are thinking about getting divorced you will need to change your residence status from Regimen Comunitario to Regimen General ( either cuenta ajena or cuenta propia). The requirements for this change to take place ( only apply once the divorce proceeding is in place) are:

• Having sufficient income to maintain yourself.
• Having a clean police record in Spain and the countries where you resided previously.
• Not to be banned from Spanish territory.
• To prove any of the following situations:

a)That your marriage would have lasted at least three years up until the beginning of the judicial proceeding. At least one of these years would have needed to have elapsed in Spain.
b) If you have any children; to have custody of them.
c)To be in a position to prove difficult circumstances such as being a victim of domestic violence.
d) To prove the existence of a judicial resolution regarding the right to visit your youngest child residing in Spain.