Types of dependent visa counting toward residency

Dear Patricia, Marta and all the nice people here,

I would appreciate your suggestions and help with my situation.

I have Canadian and Romanian nationality and my wife has Filipino nationality. We are currently in Korea – I'm working and my wife is my dependent here. We intend to come to Spain so that I may study Spanish intensively and my wife as a dependent. If we are happy in Spain I plan to undertake PhD studies there after two years. At this point though, I would like to get a one year study visa and a dependent's visa for my wife.

My questions are:

1) Would my wife's time in Spain on a dependent visa count towards the 2-year residency requirements after which Filipinos can apply for Spanish citizenship?
2) As a Romanian I understand that I do not need a study visa for Spain, but as a Canadian I do. Still, will I be required (as a Romanian) to show that arrangements (school fees, accommodation etc) have been made before my wife is granted a dependent's visa?
3) I've read somewhere that students on long-term study visas are allowed to work for a maximum of 20 hours per week? Is this accurate? And if is, does it a apply to Romanian citizens (from whom special work permits are required)?
4) Given that Spain has been lately overwhelmed with high numbers of Romanian going to Spain to seek work, would it be easier to get the necessary visas (study&dependent) on a Canadian passport?

Thank you very much,
Mike

Hello Mike,


Please read my replies to your specific questions:


1) -It depends on the type of residency she applies for. If you get a student visa ( using your Canadian nationality ) and she is your dependent, your situation will not be regarded as residency but temporary stay as a student, therefore if yu are not considered residents, there is no possibility for her to apply for citizenship. If you get a residence permit due to your Romanian nationality and your wife gets an EU resident permit, 2 years of legal residency will certainly count towards citizenship.

2) As a Romanian citizen who enters Spain for the first time and intends to work as salaried worker, you will be required to apply for a work and residence permit if you want to live in Spain as the Law for Romanians was modified last year: Instrucción DGI/SGRJ/5/2011, sobre Régimen de Entrada, Permanencia y Trabajo en España de los trabajadores por cuenta ajena nacionales de RumanÃ*a y sus familiares. If you enter as a student, a self employed worker or you will just not carry out any economic activity as your income is obtained abroad, you will be able to get your EU residence certificate by applying at the corresponding police station. After that, your wife will be able to apply for residency as relative of an EU citizen.

3) Yes, it is right and it also applies to Romanian citizens.

4) Not specially, in fact using your Romanian passport will facilitate the citizenship application for your wife.

Please feel free to contact me on the details you will see in my profile, should you wish to discuss your case in detail.

Regards