Residencia in Spain

[johncar54]

We have a friend, Filipina, who has lived legally in Spain for 10 years, Last year she got divorced from her English husband. She is now unable to renew her residencia.

The couple have a 5 year old son who has British Nationality, so has the right to live in the EU.

The situation is that the mother will / may have to leave Spain. She could take her son with her but that would conflict with the father’s wishes, or she could leave without her son, again not a solution..

We are trying to get some useful info from the Immigration in Spain (without much luck) and our friend has insufficient money (as does her ex-husband, now married to a Thai, with another child, all living in Spain) to get professional help.

Anyone have any constructive thoughts please?

[joebloggs]

http://freemovement.wordpress.com/2011/03/08/zambrano-case/

might give you some ideas

and

http://ec.europa.eu/solvit/

should be able to tell you her rights.

[Terpe]

John,

Looking at Directive 2004/38/EC of the European Parliament and of The Council under para 15 it states:-

(15) Family members should be legally safeguarded in the event of the death of the Union citizen,divorce, annulment of marriage or termination of a registered partnership. With due regard for family life and human dignity, and in certain conditions to guard against abuse, measures should therefore be taken to ensure that in such circumstances family members already residing within the territory of the host Member State retain their right of residence exclusively on a personal basis.

Maybe this will also help.
Even UK has adopted this section.

Who has informed her she will need to leave Spain?

[johncar54]

Thanks Terpe

I have sent the info to my friend.

Who has informed her she will need to leave Spain? I believe it was the immigration service in Malaga (the local office)

(having glanced through the Directive, its incredible the rights we have, I just wonder why they are apparently not being implemented. in Spain at least)

[Terpe]

Thanks Terpe

I have sent the info to my friend.

Who has informed her she will need to leave Spain? I believe it was the immigration service in Malaga (the local office)

(having glanced through the Directive, its incredible the rights we have, I just wonder why they are apparently not being implemented. in Spain at least)

Most of the rules and directives ARE meant to be implemented. I understand that UK has the most 'local' rules against them (but are challengeable in court).

I'm sure I've read somewhere that these rules are ALL adopted by Schenghen Area members. Couldn't swear to that though.

I do hope that a simple letter accompanied by a copy of the relevant EU directive will be enough for her to secure her residence.
It should be.
She really shouldn't be forced to engage an immigration lawyer to ensure her rights are maintained.

Just in case, it may strengthen her case to also include reference to the Zambrano ruling.

I wish her good luck.

[johncar54]

Thanks again Terpe.

I noticed in the Directive that a residencia should be valid 10 years and automatically renewed. In practice a Residencia is valid for 5 years and the hoops to be negotiated are getting more difficult. Like an official copy of the marriage cert, with red ribbon, which is not older than 3 months.

[Terpe]

John,

I know that after 5 years residence in UK it is possible to apply permanent residence (ILR equivalent) then after an additional year to apply naturalisation.

I did some digging and discovered more information to help your friend.

Spanish nationality can be obtained by means of one's origin, by choice or residence.

According to Spanish legislation any foreigner legally established as a resident in Spain, can apply for Spanish nationality. The required periods of time are different according to the nationality, or other personal circumstances.

To apply for nationality by residence it is necessary for the individual to have lived in Spain for:-

ten years, or
five years if the individual is a refugee, or
two years if the individual is a national of a country of Iberoamerica, Andorra, Philippines, Equatorial Guinea, Portugal, or if the individual is Sephardic (i.e. a descendent of the Spanish Jews, expelled in 1492), or
one year for those individuals:
born in Spanish territory, or
those who did not exercise their right to their nationality by option within the established period of time, or
those who had been under legal tutelage or protection of a Spanish citizen or institution for two consecutive years,
those who had been married for one year to a Spanish national and are not separated legally or de facto, or
those widowers of a Spanish national if at the time of death they had not been legally or de facto separated, or
those born outside of Spain, if one of their parents or grandparents had been originally Spanish (i.e. Spanish by origin).

Though not specified in the Civil Code, in practice, nationals of Iberoamerica, Andorra, Philippines, Equatorial Guinea and Portugal must be natural born citizens of their respective countries.

Just another route to follow.

[johncar54]

Thanks Terpe.

My wife is Filipino, They are able to apply after 2 years.

My wife applied over 2 years ago, and the best estimate we can get for the next part of the process is about 12 months, and if she get though that it still take time.

There is also something in the pipeline to make the test of 'Spanishness' much more difficult.

[RickyR]

The thing that annoys me about the EU, is that there is the EU Law, but it seems to be so difficult to get it enforced in countries like Spain unless you have enough money to get a decent lawyer.

[Dedworth]

Anyone have any constructive thoughts please?

How about telling them all to jump on a plane to Heathrow and bin their passports & ID ? - I'm not in a constructive mood :D

[RickyR]

haha. Almost with you there Dedworth.

[Terpe]

How about telling them all to jump on a plane to Heathrow and bin their passports & ID ? - I'm not in a constructive mood :D

That's for sure :NoNo:

[johncar54]

How about telling them all to jump on a plane to Heathrow and bin their passports & ID ? - I'm not in a constructive mood :D

Having escaped from UK over 20 years ago, I don't think anyone who can live in Spain would swap it with UK.

Any you remember what it was like to be able to do and say almost anything without having to look over their shoulder for fear that you will be prosecuted, sued, victimised, attacked etc ?

[Terpe]

.............Any you remember what it was like to be able to do and say almost anything without having to look over their shoulder for fear that you will be prosecuted, sued, victimised, attacked etc ?

As an ex cop maybe you probably mixed with the wrong people :D

[johncar54]

As an ex cop maybe you probably mixed with the wrong people :D

Do you mean the vast majority of people the police deal with,that is the victims ?