How to get permanent residence card under Regimen Comunitario

[Siddik]

Hi, I am from south east asia (Bangladesh), I am living in Spain with no immigration status (illegally).
I heard that if anyone is a relative of an EU Citizen is eligible for the permanent residence card under
Regimen Comunitario. I have relative such as brother and sister who are UK Citizen.

My question is-

1. Is it possible for me to get permanent residence card under Regimen Comunitario on the basis that I have
British brother and sister? or
2. Do i have to be a spouse of a EU citizen to get permanent residence card under Regimen Comunitario ?

And also if its possible can u please tell me what is the process of application.
Your answer will help me a lot, thanks.

Best Regards,
Siddik

[Patricia]

Hello Siddik,

The relatives of EU citizens that are eligible to the residence card are spouses, children and dependent parents. Brothers and sisters are only eligible in the event they are physically or mentally handicapped and depend on the EU relatives due to illness.

Regards,

[Siddik]

Dear Patricia,
Thanks for the reply and also thanks for the the valuable information you provided.
Your information will help me a lot.

Best Regard
Siddik

[pichoncito]

Hi there,

I've got my residence card under Regimen Comunitario (by my wife, who is Spanish) and it's expiring in 60 days. Can you please tell me how I need to go about renewing it? Do I set up an appointment (in Barcelona) and what forms/items do I need? Also, is this renewal automatic or is there a chance of being denied (we are still married and I own a business in Spain).

Thanks in advance!

[Patricia]

Hello,

I believe you have had your residence card for the last five years, so you are now eligible for the Long stay residence card as the relative of an EU citizen. The requirements are simple, and you can file the application a month before the card expires at the corresponding police station or immigraiton office, personally.

You basically need to prove you are still married to the Spanish citizen, so an updated marriage certificate issued by the Registro Civil will do. Together with that, you need to file the application form, copy of your passport and residence card and three passport photos.

When the card is finally issued, it will be valid for 10 years, and renewed automatically.

Regards,

[pichoncito]

Thanks so much Patricia, I really appreciate the quick and detailed response. You guys are awesome.

[pichoncito]

Hello,

I believe you have had your residence card for the last five years, so you are now eligible for the Long stay residence card as the relative of an EU citizen. The requirements are simple, and you can file the application a month before the card expires at the corresponding police station or immigraiton office, personally.

You basically need to prove you are still married to the Spanish citizen, so an updated marriage certificate issued by the Registro Civil will do. Together with that, you need to file the application form, copy of your passport and residence card and three passport photos.

When the card is finally issued, it will be valid for 10 years, and renewed automatically.

Regards,

Hi Patricia,

Thanks again for your help -- you were (as expected) totally right. I submitted everything you suggested and the "favorable" decision came back a week later. Now I've made an appointment for fingerprinting at the police station here in Barcelona. But I have another issue. I need to travel for work -- urgently -- just a couple of days after the police appoinment (next week).

I'll need to leave Spain and enter the UK for a business trip and I'm wondering if I need the Autorización de Regreso for this, considering my residence has already been approved, and all I'm waiting for is the tarjeta. If so, how long does this take to get done? I'm assuming not enough time for my trip...

Also (not sure if this makes a difference) my residence card expired 7 October, and the people at ExtranjerÃ*a told me that it's still valid for 3 months after that expiration date. But not sure if this applies to traveling out of Spain and reentering? Bottom line: can I freely leave and re-enter Spain or do I need the Autorización de Regreso? I'm a U.S. Citizen, not sure if that counts for anything.

Thanks so much for your help before and in advance for this quesiton.

[Patricia]

Hello,

If you are going to travel out of Spain with an expired card, you need an autorizacion de regreso. Even if your card is considered valid in Spain during 3 months after expiry, it is expired for travelling purposes, so I still recommend you to apply for this authorization right after you do the fingerprint at the Police Station, so you can process both applications during the same visit.

For that, you only need to have paid the tax ( 10 Euros ) showing the payment receipt , passport copy and copy of return ticket. As you know, US citizens do not need visas to enter Spain so you may be allowed in just with your passport. Anyhow, I recommend you to have the return authorization in hand.

A return authorization certificate takes 48 hours to be issued. The actual renewed card should be ready around 30 days after you did the fingerprint process.

Regards,

[pichoncito]

Hi Patricia,

I followed your advice and everything was exactly as you described, it worked out perfectly and I now have my permanent residence card. I wanted to thank you for your help -- I really appreciate it!

[Patricia]

You are welcome!

[Unregistered]

Hi,
Is the Autorización de Regreso valid for multiple entries or just for one visit?

[Unregistered]

Hello Patricia,

I see you are very helpful and I would really need some help with information, my friend in Spain has a Regimen Comunitario via Marriage of a Spaniard. I would be going in for a crucial operation that I might not return from and I need him in London this weekend before the op, what documents does he need to be able to fly to the uk?

He has he’s Nigerian passport

Thank you

Dee

[Patricia]

Hello Dee

Your friend certainly needs a visa to travel to the UK even if he is a legal resident in the EU.

Please click here (https://www.gov.uk/check-uk-visa/y/nigeria/tourism)for more information.

Regards,

[Mina Mohsen]

Hi Particia.

I am from Egypt and I am living in UAE. I am married to a Spanish national in the Spanish Embassy in UAE.

Since we are planning to move to Spain; I would like to ask you what are the steps that I need to take in order to have residence in Spain and be able to work there.

Thank you for your help!

Mina Mohsen

[Patricia]

Hello Mina

You just need to apply for a short stay visa indicating you are the relative of a Spanish citizen that resides in Spain. You will have to prove the family relationship via a marriage certificate. You will easily get a visa to travel to Spain, based in the EU regulations concerning free movement of EU citizens within the EU, as well as their relatives; Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l33152).

Once in Spain, you can file the residence card application as the relative of an EU citizen. This application is filed in person at the correspondin Immigration Office of the province where you will be settling. You can find more information here (http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja103/index.html).

Regards

[Mina Mohsen]

Thanl you so much Patricia!!

[Unregistered]

Hello I want to ask if I have to comunitario of Spain because my dad is a Spanish passport but he now reside in the uk, can I also go to the uk with my comunitario residents card without a visa to join my dad

[Patricia]

Hello

Note that the UK is not part of the Schengen area, so you will still need to check with the UKBA what are the requirements to enter UK considering your nationality and residence status in another EU country.

You need to check whether you meet the requirements for the residence card as the relative of an EU national application, as the fact that your father has a Spanish passport is not the only requirement; there are others. If you are over 18, you would have to prove you are his/her dependent and also prove you are both residing in Spain. However, you mention your father resides in the UK.

Feel free to drop us an email if you need to discuss your particular case in detail.

Regards,

[Unregistered]

Hi

I have a Regimen Comunitario (my wife is German) that expires in February 2019. I lived in Spain for 3 years but returned to the USA because of the health of my mother. I want to return to Spain in the future to live full time so I don't want my card to expire. Do i need to go to Spain to renew? Thanks

[Patricia]

Hello ,

You can file the renewal application online, via the sede electronica (https://sede.administracionespublicas.gob.es/pagina/index/directorio/renovacion_telematica_extranjeria), that is the electronic registration system the Immigration Office offers for that end. However, you may have to travel to Spain to get the certificado de empadronamiento, that is one of the required documents. Once the application is approved, you will have to travel to Spain and formalize the fingerprint at the relevant Police Station.

Note that an absence of more 12 consecutive months can lead to the cancellation of your card. If the authorities see evidences of that, they may reject your application. You would have the option to appeal based on your personal circumstances, if that happened.

Please feel free to contact us should you require further information.

Regards,

[frankigho92]

hello Patricia,
i am living in Madrid, but working in an island, i am married to a Bulgaria woman, my regimem comunitario expire in May 19TH 2019, i want to know if it's possible to make a renew one week to the expiration of my document, please advise what's best for me to do. hope to hear from you soon, thanks

[Patricia]

Hello Frankigho92,

You can file the renewal application at any time either two months before expiry or three months after. This means you are now in a position to renew it if you like ( since the 19th March ).

Regards,

[Unregistered]

Hello Patricia,
I am a turkish citizen married to a Spaniard. My husband is a student and I work. But our income doesn't reach up to IPREM and for this reason my application to the residence card was denied. I don't tink that our economic situation is going to get better in the next couple of months and without this card, I won't be able to work neither. Which steps shpuld we follow? If I appeal to the appeal and take it to one step further before juzgado, will I have any chance to get my card?

[Patricia]

Hello

You mention you wish to appeal, but on what grounds? If you cannot meet the minimum financial criteria the authorities have a right to reject the renewal.

The regulations require that you provide with a copy of your work contract and vida laboral, not mentioning the minimum IPREM.

We need to check the documentation in order to offer an accurate advice.

Regards,

[Delmar]

Hello!

I've been married to a Spanish national since 2010. I had the 5-year NIE and then I renewed it and got the pink card with my photo and fingerprint that has 10 years on it. It also has my spouses DNI on the back. If I understand correctly, this card automatically renews itself?