Changing visa to residency in Spain

Dec 11, 2006 · phil_uk · 9 replies · 4495 views

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Can anyone advise me please? I?m a British citizen and have a Thai girlfriend. It has been suggested that if she gets a 90 Schengen visa for Spain and when we get there she could apply for residency. Is this possible or would she have to apply in Thailand at the Spanish embassy?

Thanks,

Phil

Dec 11, 2006 · Expatriator

Hi Phil, are you guys going to get married? I don't think she can get residency if no...

Dec 11, 2006 · phil_uk

Thanks for your quick reply. No we?re not married. We applied to the Spanish embassy on the basis that we live together as common law husband & wife.

This is new legislation in 2004/38/EC
(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0038R(01):EN:HTML)
in Art.2, 2b of the directive it states that cohabiting couples are eligible for residency with their EU partner.

However, the embassy here in Bangkok say that Spain doesn?t recognise cohabiting couples. I have since contacted Solvit (http://ec.europa.eu/solvit/site/index_en.htm) and am waiting to see if they can help me.

Dec 11, 2006 · Expatriator

Hmm, well I'd be interested to hear what happens. Do let us know.

How long have you been in Thailand? I've been here for a bit traveling around actually. Nice country, not sure about the people though... I miss Spain.

Dec 11, 2006 · phil_uk

Hi The Expatriator, you said, ?I?ve been here for a bit traveling around actually? where do you mean, Thailand?

Dec 11, 2006 · Expatriator

Yeah, sorry, in Thailand. I'm in Bangkok at the moment, flying to San Francisco tomorrow morning. Spent most of my time in Koh Samui. Got out to Cambodia to see Angkor Wat too. Koh Chang was really nice too. Phuket's a disappointement.

Dec 12, 2006 · armando.HERGER

My advise, contact an International Law Attorney, there are many in the area, I hire one who got it for me but very expensive, other Attorneys where cheaper but two of them failed to obtain in, so be carefull pay more but get it done!!!

Dec 15, 2006 · christkv

I'm in a similar situation with my american girlfriend only I'm a spanish citizen. We have been living together for 1 year. I'll be very interested in what you find out. I was thinking about registering her for a 1 year spanish study at the university so she would get a 12 month visa.

Dec 15, 2006 · Expatriator

Some Americans enroll in a year long course at a qualifying institution to get their educational visa, then drop out, collect some of their paid fees back and keep the 12 month visa... ;)