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..
