Hi,
I am US citizen and have been offered permanent employment in Madrid as a web developer for a large media organization. I have to make a decision early next week if I can proceed with their offer. I additionally have another employment offer here in the states (in a not so exciting city), so my heart is in moving overseas for many reasons. BUT—I need to accept the US offer if I will have impossible problems bringing my girlfriend to live in Spain.

Because I work in the computer technology field, I am able to work from home until my work visa is processed. This job in Madrid for a reputable organization, their HR department is promising to secure me a work visa over the next 4-5 months if all goes well, and continued freelance employment from the US if there is a delay. I know they have had their job search open long enough, and are in process of proving no EU citizen has filled the role.

Concerns:
My girlfriend of 3+ years is a Russian Citizen, however she has already attained permanent residence status in the US because she has lived here for 7 years now. She would have to legally be allowed to move to Spain with me no later than October. She will also need to find a way to earn income as well, either as a freelancer or by finding job in Madrid. (She is web developer/designer as well). Before I can accept this employment offer, I need to know a few things about our situation and options.

1. As Russian citizen with permanent US status, what is the likelihood of her securing a residence visa in Spain independent of me? What does this process require?

Because we love each other very much, and understand the laws to some extent, the following questions assume we get married.

1. Does my work visa application need to declare her as a dependent now? Since the work VISA process is 4-5 months, would we have to marry immediately?

2. If I begin a work visa application now, and we get married sometime over the next 4-5 months, how long will it take for her to be able to live with me as a dependent. Assume she can also get tourist visa for a few months.

3. Let’s assume we got married, she is a dependent and we are both living in Spain. Can she get work in the EU legally?

4. Can she take freelance work in the EU legally, if her residence becomes Spain? Where would she pay taxes on her freelance work?

5. After we both live in Madrid legally, can she take work on-site in Madrid at a company, or does she have to go through a 4-5 month work visa process?

6. I know little of the Blue Card, is this something I should be asking for? Would it help our situation any?

Anything else I am missing? Please, any advice no matter how insignificant is very important, as I have an immediate decision to make.

Thank you very much for you help!!!!!!

-Tom & Yulka

1.1: Not likely unless she finds a job, just like you.

1.2: That sounds about right but you’d want to check with your abogado.

2. I’m guessing about six months. She may have to go back to Russia to pick up her visa.

3. I believe so. Shit, I should know this but hopefully someone else knows. You may want to find some other posts on the forum here where the poster asked similar questions or was in a similar situation and follow up with them to find out what happened. 😊

4. She would pay taxes in Spain if she is tax resident there - more than 183 days per year. Freelancing is called “autonomo” so look for info about that on our site here.

5. Not sure what you mean.

6. The blue card is in the process of being implemented last I heard. It may be an option for you but you should certainly check with your abogado. It may be an option for her as well once she secures a position.

I updated #5, and am having a chat with the spanish embassy in Houston today. Lawyer advice isn’t an option for me on such short notice.

Okay, I called Spanish embassy in Houston and it sounds like our visa applications are completely independent of each other. Also there is little difference if she applies as Russian or US citizen.

A) If she applies as a dependent, then thats her status. She can’t take work.

B) If she applies as autonomo, she can work as freelancer from Spain.

C) If she can also secure a work visa, then thats all the same.

So my new questions, after learning this are.

1. If she comes as a dependent, can she take freelance work from the US?

2. If she comes as a dependent, and can’t take freelance work, but then finds some, can she come back to US and apply as an autonomo?

3. How long is the autonomo process?

4. One other side note, we both are part owners of a US company. It’s currently not in the profit margin, but it has been official for over 6 months. Does this open other options for her, in applying for residence?

If she comes as autonomo, then its obvious that she can take freelance work, but now she can’t take full time work. It sounds like she has to go back to US or Russia to get the work visa process started.

Okay, for the most part I think I understand our situation better, and although there are some negatives, it is mostly positive. I will keep researching over the weekend, but any more advice anyone has is much appreciated.

This is only advice, but it would be to not worry too much about her working as a freelancer/autonomo if she comes as a dependent. If you have a company in the US through which she can bill clients (even in Spain) then there isn’t too much they can say. Sure, she’ll be tax resident in Spain, but if they don’t want her as a worker then, well, that’s their loss.

Once you are here these things will be a lot clearer. I’d suggest getting over here the easiest, most legal way possible for yourself and worry about her ability to work secondarily.

rizumu,
if i were you i would take the job in the us.
you only know that you have a residence and work permit when the employer sends you the letter of approval coming from the spanish ministry of labor.
when you get that letter, then you can decide if you want to migrate to spain.
regarding your girlfriend, if she is only a permanent resident in the us, her residency in the us will be cancelled if she is away for more than 6 months. does she have a us passport?
she can only be a dependent if she is married to you.
to get her a dependent visa you must have completed a year in spain and prove that she receives money from you regularly for her economic subsistence for at least a year.
when she is given that family regrouping visa, she can start working when she arrives in spain, after getting her social sec number, etc.

First, we really want to come to Spain and The US job is just a job. Second, she is `permanent resident` meaning she can come and go as she pleases for the rest of her life, basically a US citizen at home, just can’t vote. My reason for bringing it up is because she is Russian citizen, that is how any other countries will view her.

We are mostly decided on Spain, we just need to find out more about her filing for dependent status. As you say that process can drag, that is a real concern of ours. We just have to find out the right way to do the paperwork to make us moving there as quick and simple as possible.

rizumu,

i am giving you the link to the latest instructions on family re grouping
http://www.intermigra.info/extranjeria/archivos/impresos/INST809RFAM.pdf

you can only request relatives to be given a family re grouping (how do you say this in english, anyway)  visa,  parents over 65 years old, minor children, and current partner, civilly unionized or married to you.

about your residence and work permit, when you receive the approval letter from the ministry of labor, then you submit that with the rest of the requirements at the spanish consulate so you can get your residence and work visa. if you have all the documents required, you will get the visa right away.

has your employer asked you to send them a photocopy of your passport (all pages) certified true copy by the spanish consulate in the usa? they need that before they can start any application for immigration on your behalf.

and you better check the latest instructions on permanent us residents thru this link
http://www.uscis.gov/portal/site/uscis

sorry to say, there is no quick and simple way.  it is like what your girlfriend went thru before she got the us resident visa.