Obtaining Residency for Australian Fiance

2 Replies

Dear Angloinfo members,  I wonder if any of you can advise me on my current situation? I am a British citizen living and working in Palma de Mallorca. I have lived there since October 2011. I have a N.I.E., a Certificado de Empadronamiento and pay tax and social security.  My partner is an Australian citizen with no EU ancestry. We have been together for 3.5 years and are getting married in August 2013.  He lived in the UK for two years, then visited Spain on a Schengen visa. He has now returned to Australia, because his UK visa has expired and he reached the maximum allowed time in the Schengen zone.   We would like to live together in Mallorca, but have been unable to find clear guidelines on the process. We have contacted a lawyer regarding the 'pareja de hecho' process, but have been told that this is not possible in the Balearics because at least one of us must be a Spanish national. Neither of us are Spanish nationals.   Can my Australian partner legally reside in Mallorca with me before we are married? If so, what is the process for obtaining residency for him?   Many thanks for your time and assistance.  

Replies

Bridie-17057 1347996828

I would recommend both of you speaking to your respective consulates to get some advice.  Also their websites give a lot of information.  Here is the Uk link:


http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/births-deaths-marriages/marriage/certificates/


Also you should visit the Jugazado de Paz in your local town hall (ayuntamiento) and they will tell you exactly what is possible and what you need to get married. You will need to be prepared for very detailed personal interviews to make sure they are confident you are not getting married for the visa and that you are genuine in your reasons for marrying.


Good luck. 


 

Beans-872079 1348015016

Bridie, many thanks for taking the time to reply to my message, I appreciate your help. I will certainly visit the town hall when I return to Mallorca next week (I'm on holiday in the UK at present). 


I should clarify that we are getting married in Scotland in 2013, so will be undergoing the formalities in the UK (interviews, providing supporting documentation etc.). We've been anticipating this for many years now so have lots of evidence of our relationship such as joint bank account statements, rental agreements, personal photos and phone records, etc.


I have been led to believe that, if in possession of a marriage certificate, it is easier to obtain residency for my partner in Spain. However, we don't really want to bring the wedding forward just for the sake of getting a visa, we would like both of our families to be able to attend and, coming from the other side of the world, that takes some planning! 


So, I am concerned mainly about the period of time from now until August, before the wedding. My partner wants to join me in Spain as soon as possible. Does anyone have any experience of applying for residency permits for unmarried, non-EU partners? Is it even a possibility?


Again, thanks to all for your attention. 

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