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Thread: Is there a possibilty of my Argentinian boyfriend becoming legal without leaving?

  1. #1
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    Unhappy Is there a possibilty of my Argentinian boyfriend becoming legal without leaving?

    I am British with permanent residency in Spain. I have lived here for 9 years. My boyfriend has overstayed his tourist visa by 5 months already. He is studying to convert his masters in engineering so that he can work in his profession in Europe. I am struggling to see how he can ever become legal here without returning to Argentina for quite some time. Is there a way? Is there a way to get permission to marry without him returning? He has had a lot of job offers already for when he finishes- can that help? If he leaves, surely the authorities will see that he has been here illegally? What would the consequences be likely to be?
    I would really appreciate any light you could shed on how we could make this situation work for us both. TIA

  2. #2

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    Quote Originally Posted by Unregistered View Post
    I am British with permanent residency in Spain. I have lived here for 9 years. My boyfriend has overstayed his tourist visa by 5 months already. He is studying to convert his masters in engineering so that he can work in his profession in Europe. I am struggling to see how he can ever become legal here without returning to Argentina for quite some time. Is there a way? Is there a way to get permission to marry without him returning? He has had a lot of job offers already for when he finishes- can that help? If he leaves, surely the authorities will see that he has been here illegally? What would the consequences be likely to be?
    I would really appreciate any light you could shed on how we could make this situation work for us both. TIA
    Hello TIA,

    I believe you have the permanent residence card for UK nationals based on the Withdrawal agreement.

    You mention your partner is still studying so he should have extended his student visa if his studies are not finished. After 5 months he is out of time to apply for an extension now and certainly in an irregular situation.

    In response to your question, you can marry or register as partners in Spain even if he is an in irregular situation. You just need to obtain the required documents for the Civil registry ( if you marry) or the Town Hall (if you just decide to register as Law partners) and set the date. However, this won´t allow him apply for a residence permit, since you are no longer a EU national and the marriage would have taken place after 2020 (transition period for UK nationals and their relatives): He is not eligible for the residence card as the relative of an UK national as you are marrying in 2022. If you could prove you were already partners back in 2020, you could have a try.

    His best option is to return to Argentina and apply for a new student visa. Due to recent changes in the Immigration law it is becoming easier to combine work and studies in Spain and shift to a work permit after the student visa expires.

    Do not hesitate to contact us if you need further information.
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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