Can my wife stay in Spain without visa?

11 Replies



Hello to all, Been seaching the internet to understand the residency law concerning the right for my wife to stay here in Spain without a visa while applying for residency. I'am from the UK and my wife is a Moroccan national, with this i understand her to be an eu-family member. With the help of a lawyer i've done the residency paperwork and been to Almeria twice to become legally resident, so far all i had in reply ''we'll be in touch'' I was told, all my wife needed was a visa valid for three months to give time for the residency to be sorted out. But now we have a problem it seems, with the process taking over 2 months and still waiting to get my residency my partners visa expires in a few weeks. So that's where we are today, my paperwork is filed at Almeria. My partners ex-19 form and all the documents that go with it sit at home. My Question is, can my wife legally stay with me in Spain after her visa expires? Any help or advice would be greatly apprieciated. Addy

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grannysmith-367313 1338799472

Having never come across this I havent got a clue. Can you not check with your lawyer to be sure? Perhaps there are lawyers specialising in this kind of situation?

DavidGSpain 1338816365

If she is entitled to a British passport, this would end the debate. Also, you can find out, without charge, from the British Embassy

Bryan-369053 1338843417

Hi Addy, Surely, if you are 'legally' married to your lady then you shouldn't have any problems as she will become a british citizen. As the correspondent already said, check with the British office in Almeria, Best of luck to you both. Bryan S.

hellboy77 1338883033

I'd go and talk to my town hall if I was you - hopefully they will be able to offer advice. Obviously you are doing things the right way with this - there are a lot of people who don't bother and I'm sure that the efforts you are making will be in your favour. Good luck!

addy-369044 1338922181

Thanks for your replies and advice. Well i could ask the lawyer i have used till now, but with her been wrong on all counts so far i'd do some homework myself to find a solution. But then, to be fair all she has done follows with the information found on the internet for getting residency. With not getting residency on day of interview at the officina de extranjeros as expected, not once but twice really hasn't helped..

I guess in time maybe she could get a british passport/citizenship, but i'm sure this would be a drawn out process and not done in a few months. What i was trying to avoid was my wife going back to Morocco and having to apply for another visa, with closing down her dental clinic and not working will be more complicated to get one next time along with the expense of course.

Good idea to contact the British Embassy like you say David maybe they could explain the eu-family member having the same rights as europeans in more detail. Not sure there's an office in Almeria, found the number for Malaga consulate which covers this area so i'll phone them and let you know the advice given.

addy-369044 1338992224

Just thought i'd post an update after speaking to the Malaga consulate by phone. Very polite woman i spoke to about my question, but in conclusion she didn't have a clue about rights of a non eu family members :(

addy-369044 1339238560

Hi, seems in answer to my own question the answer is '' yes my wife can stay in spain legally when her visa expires''

this website i found to be of great help....

DavidGSpain 1339239439

Good luck Addy


grannysmith-367313 1339403146

Glad to hear it. Best of lucjk.

paultim374 1370519671

Good luck Addy

paultim374 1370519732

Good luck Addy



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