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I've been reading some posts related but I'm still not quite sure, so I'll just throw my question.

I have dual nationality (Peruvian and Spanish), I have been living in Spain for 6 years and have a good job (this mean that I can afford 2 persons).

My question is, How can I effectively bring my girlfriend from Perú permanently with a work permit?

Background:

She has already been here for 6 months doing an Erasmus (with Student visa) and we lived together during that time. Now that she is back to Perú, after she finish her last year of university, we decided that she would come and look for a job here, but we are not really sure what would be our best options.

My thoughts so far were making myself self-employed (autónomo) together with my already paid employment (I know this is possible) so I could send her a job offer then she can come and arrange all the necessary paperwork to stay and look for another (real) job.

As I know that this will cost me an important amount of euros, I also thought about the possibility that she could start looking for a job through internet and doing online interviews, I'm just a bit worried that this is highly difficult, not because of her skills but because of the lack of support from companies here that will need to do a lot of paperwork. (I forgot to mention that she will be looking for a job related to her career, graphic design).

We are not feeling to get married just to get her the residence, but if helps we were thinking of becoming officially partners (pareja de hecho), but I'm afraid that we cannot prove it the way the law requires (the proof we lived together for at least 12 months)

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    Perhaps she should come for a graduate program, during which time you can live together to establish your relationship to the government's satisfaction. – phoog Apr 29 '16 at 18:01
  • How can I do that? And where can I find information related to that? – Nighthunter22 Apr 29 '16 at 21:53
  • Well she has to do that, at least as far as gaining acceptance to a graduate program. You can of course support her, both logistically and financially, as it appears you're able to do so. It's just a way you could develop proof of 12 months of cohabitation. The details will depend somewhat on her academic interests. – phoog Apr 29 '16 at 21:56
  • But do you know what would be the requeriments? At least for the visa, she will want to get a job asap, since she is very active and doesn't like to depend on noone. – Nighthunter22 Apr 29 '16 at 22:56
  • I believe that she wouldn't be able to work using a student visa, though some countries allow limited work for students and I don't know the policy in Spain. Mostly, student visas assume full-time study, so people using those visas should be working on their degrees. If her being able to earn money is a requirement, then the student route is probably not a good option in your case. Some advanced degrees provide stipends, but again I don't know how realistic this would be for her, as it depends on the field of study and I do not know what she might be qualified for. – phoog Apr 29 '16 at 23:48
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Student visa can work up to 20 hours a week after asking for authorization at the police (they usually give it). We went with the pareja de hecho thing in madrid and it went without a problem (got the residency approved in 3 weeks after the date).

If she's already empadronada with you, they won't check too much into it, but take into account that the pareja de hecho register usually gives out date with a 6-7 month delay (In madrid, so today you'd probably get one for january and you need to have some papers that assures them you're both single).

I'd recommend you to not going through the job offer route because if the police suspects anything they could fine you big time (6-7K€ I was told when we tried gaming the system).

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  • The thing is the she is not "empadrona" here, since she came for 6 months we didn't think that it would be necessary (our bad). Also, I live in Barcelona, where no "pareja de hecho" is possible (I just found out some months ago). If we are not official partners, there shouldn't be any problem going though the job offer route since I'll be paying for her social security and her taxes. How could it goes wrong? Could you explain me more detailed what you know about this? – Nighthunter22 Jul 29 '16 at 13:35
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    It's not just a job offer it would need to be a specific job offer that only she could do and you need to go through a process validating it. They could doubt that you just want to hire someone from outside the EU if you hold a job and just started as an autonomo they could seriously suspect you're trying to game it. I've been reading and yes, no pareja de hecho are available in barcelona but the state regulation changed recently: boe.es/diario_boe/txt.php?id=BOE-A-2015-12090 look here for convivencia matrimonial – xocasdashdash Jul 29 '16 at 14:41
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    The gist of it is that your best case scenario is her coming on a legal visa (studying, tourism) and try to have your situation recognized as oficial as possible through. Here you can read more about it: abogacia.es/2015/12/07/… – xocasdashdash Jul 29 '16 at 14:44
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Whatever you do (and I am no expert on the matter) do NOT execute your plan of setting up a business and hiring her as an employee in order to get your partner there. This might have severe repercussions if immigration finds out (and they likely will considering you lived together before).

What makes you say you cannot proe you already lived together for 12 months? Did you or did you not? Since you are already in Spain for 6 years and she only spent 6 months there according to you, that would have had to be before then, right?

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  • The plan of setting up a bussiness to hiring her came to my mind since is a something a lot of people do, and I believe that this is not forbidden (there is anything illegal into that, since I'll be paying for her taxes here) Also, I cannot prove that we lived together because we will be asked for the register documents ( we lived together on a shared flat and sub-renting is illegal in Spain but commonly done), and this is the only kind of documents they let you present as proof. – Nighthunter22 Apr 29 '16 at 22:01
  • I am not saying the act of setting up a business and hiring her is illegal in itself, it's about intent. I don't know about Spain specifically but immigration doesn't tend to like if you for example say you want to stay for studying or work but in fact the main goal is partner reunification. – Sebastiaan van den Broek Apr 30 '16 at 3:14
  • I know, but they would know the fact that she will only come to work, plus I've the experience of many other expats that did this, I just want to know any other options that won't evolve that much money (it's a very expensive choice) – Nighthunter22 May 1 '16 at 16:11

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