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Thread: Failed asylum seeker in Spain without passport married to EU citizen

  1. #1

    Exclamation Failed asylum seeker in Spain without passport married to EU citizen

    I am an Iraqi asylum seeker who was relocated to Spain from Greece.
    I had my claim rejected in Sep 2018 and am in the appeals process. I have no passport and cannot get one in Spain because my embassy doesn't issue them. I am married to an Italian citizen for over 1 year, who is now resident in the UK.
    I have been in Spain for 2.5 years now, and just got a letter saying that I have to renew my empadronamiento with a valid ID. I don't have one, as I am in the appeals process - I tried to get a cedula de inscripcion but was rejected. I can't renew my empadronamiento.

    My questions are:
    - will it help if my wife moves to Spain and I apply on the basis of her residence?
    - what can I use to prove my residence? Since my ID card expired at the end of 2018, they closed my bank account, and I can't apply for a health card. I do have a housing contract in my name and I pay rent every month. I have an active sim card in my name (not contract). I don't have the right to work, so I work online and it gets paid into my wife's bank account and card, which I use.

    Please help, any advice is so appreciated.

  2. #2


    I recommend you to file a consultation at the relevant immigration office, as you have the right to apply for the residence card as the relative of an EU citizen once your wife moves to Spain.

    This will allow you stay in Spain while the appeal is in process. The Immigration officer will certainly request a valid ID in order to process your application and I understand this will be the asylum seeker card, though I advise you to check this matter with the authorities.
    Patricia Martin
    Immigration Consultant at Lawbird
    Check My Profile

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