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Thread: Married to Spanish:already hv temp work resident permit,can I get permanent resident?

  1. #1
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    Default Married to Spanish:already hv temp work resident permit,can I get permanent resident?

    Hi

    I have been living in Spain for the last two years legally, as I work for a company here which got me a work and resident permit. I had the 1 year work resident permit (NIE) and then I extended again for 2 years as the law states.

    In the meantime last month I got married to my spanish girl friend and completed the registration in registro civil as well.

    My question is does this make me me eligible now for permanent residency or do I still need to still wait for the completion of 5 years? If the answer is yes, would you advise me to apply for this permanent residency, Why or why not?

    Thanks a lot
    Last edited by SDU; 12-15-2014 at 01:26 AM.

  2. #2

    Default

    Hello SDU,

    Permanent residency can only be applied for after 5 years of legal residency status.

    The fact that you have now married a Spanish citizen grants you the possibility to either apply for a different card, under EU rules, as a relative of an EU citizen ( it will change your regime and the card is valid for 5 years ), or you can just keep you general regime residence card and apply for the Spanish Nationality, as if you have been a legal resident for one year in Spain and marry a Spanish citizen, you are eligible for the Spanish Nationality.

    You can also apply for the residence card under EU rules ( regimen comunitario ) and in the meantime apply for the Spanish Nationality, as the Nationality application takes at least one year to be resolved.

    The residence card application is very easy and processed quite quickly; generally faster that your current card renewal.

    If you wish to discuss further, please drop as an email via the contact form.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #3
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    Default

    Hi Patricia

    Thanks a lot for your advise.
    This card of relative of an EU citizen valid for 5 years that you mention - are there any benefits of this card over my current card or current status (which as I wrote above is work & residence card with a NIE valid for 2 more year, after which I will need to extend it again). I am just trying to see if this EU card of a relative - will give me any benefits over my current status? And can I have both the cards at the same time - my current NIE of work & residence and EU card of a relative?


    thanks again
    SDU
    Last edited by SDU; 12-16-2014 at 01:58 PM.

  4. #4
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    Default

    Hi Joseph & Patricia
    thanks for your reply.

    Still searching for the answer to my question above, will copy-paste here in italics.. if anyone can give the right advise, will appreciate it.

    This card of relative of an EU citizen valid for 5 years that you mention - are there any benefits of this card over my current card or current status (which as I wrote above is work & residence card with a NIE valid for 2 more year, after which I will need to extend it again). I am just trying to see if this EU card of a relative - will give me any benefits over my current status? And can I have both the cards at the same time - my current NIE of work & residence and EU card of a relative?


    By the way, I have asked for cita for nacionalidad.. they gave me for near the end of 2016, which was quite a surpirse.. is there a way to shorten the process, since I have already lived legally in Spain for 2 years?


    best regards
    SDU
    Last edited by SDU; 12-23-2014 at 12:42 AM.

  5. #5

    Default

    Hello SDU,

    Unfortunately, there is no way to get an earlier Nationality appointment, as it depends on the work load at the particular Civil Registry. If it is Madrid or Barcelona, those are the busiest, I believe.

    Regarding the advantages of the Card as a relative of an EU national and the Regimen General once, the basic advantage is that its validity is more ample, the requirements are more straightforward and that the ruling is based on EU rules rather than for general Immigration rules, and this means that if you intend to settle in another EU country, the requirements and the path will be different, and generally speaking easier, as relatives of EU citizens have free right of move within Schengen area and EU member States, with a different access to work and residence authorizations, though you still need to check the specific requirements of every country, as it varies.

    I hope this answer has been helpful.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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