Over stayer in Schengen, being legalised

[johncar54]

We have a friend in Spain who has overstayed, by about 2 years. She is separated from her husband (in Phil) for over 4 years.

She has now met a Brit and it looks like they could have a permanent relationship, eventually ,marriage, if she can get her annulment (divorce) in Phil or maybe divorce here in Spain.

She of course has the problem that even if she returns to Phil she will be listed as having over stayed.

Does anyone one have any experience of how she might be able to legalise herself to stay in Spain (there was an amnesty a couple of years ago for people who had illegally stayed over 3 years in Spain and not been in any sort of trouble).

[joebloggs]

is she living with the brit in spain ? if so how long ?

[johncar54]

She is not living with him yet, but it is probable that she will do so soon.

[johncar54]

Any ideas please

[joebloggs]

well i don't know if she can apply for any sort of visa to stay in Spain legally, i doubt it like you said wait for the next amnesty if there is ever going to be one.

or probably her best option is for her to go back and apply for a family permit, her overstaying i would have thought would not effect her getting a visa, as i've said many times a family permit is virtually a legal right

[johncar54]

Thanks Joe,
but she is not a family member, that was why I was anxious to know if anyone had personal experience of a similar case

[beppe]

If they want make their relationship/marriage legal how can she get marriage papers being illegal?

[joebloggs]

sorry thought you meant she was getting divorced soon

if they live together in spain for 2 yrs, collection evidence of this, could try and apply for an unmarried partner visa to get to the uk

or maybe

EUN2.11 How do unmarried partners qualify for an EEA family permit?

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules i.e. that the that the parties have been living together in a relationship skin to marriage or civil partnership which has subsisted for at least 2 years. This does not mean that unmarried partners are assessed or have to meet paragraph 295A or the Immigration rules. Rather, the ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple have children together etc. to establish whether or not the relationship is ‘durable’. Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), ECOs should be aware that simply meeting the extended family member criteria is insufficient. Even where an ECO is satisfied that the applicant is in a ‘durable’ relationship, the ECO needs to go on to consider whether ‘in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit’ (Regulation 12(2)(c). Factors to be considered here would include things such as evidence of criminality.

not sure if you can get one in Spain thou, i would have thought so, and her being an over stayer might not matter..

[johncar54]

Joe, thanks I will pass on the info