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We married in the US and then we came to Spain with the idea of getting my residence permit and live here together. But to get the paperwork done took way more than expected and now my Schengen visa is about to expire.

I calculate that we will be having the meeting to process my NIE in about two weeks, so that would mean I will be overstaying my Schengen for about two weeks. Will they process my NIE anyway, or will they deny me? I can't find an answer for this online, as we are already married and a lot of the questions out there are about people overstaying who want to get married in order to stay in the country.

I am already married and I have been to Spain many times before when we were not married yet. Thank you!

  • Under EU law, if you are married to an EU citizen other than a Spaniard, you can't get into much trouble for failing to have a valid visa. Spain seems to give the same rights to family of its own citizens, but I do not know precisely how that works or whether it applies to visa requirements. Have you already submitted the residence permit application? – phoog Dec 27 '17 at 1:09
  • No I haven't, we were planning to do it after new year's as everything is closed right now for holidays ... I have read somewhere else that the office that deals with the residence permits doesn't really care about the status of your actual visa as long as you have all the required documents ( assuming that you are already married ). We have sent an email to the government and we are now waiting for a reply, so we are still not sure ! – Chroma Funk Dec 27 '17 at 10:24
  • @phoog. Can you clarify, when you say "other than a Spaniard", do you refer to a national of the country you are a resident (which in this case happens to be Spain) or is there something specifically about Spain? – Diego Sánchez Apr 2 '18 at 15:18
  • @DiegoSánchez the former. The EU freedom of movement directive does not bind countries with respect to their own nationals unless the national in question has previously exercised freedom of movement in another member state. Some states give those rights to their own nationals' family members of their own accord; the law I'm most familiar with is that of Italy, which simply states that rights under Italian law must be as permissive as those under the directive. I don't know exactly how Spain handles it, however, which is why I haven't posted an answer. – phoog Apr 2 '18 at 15:30

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