king2

Hello,
I'm currently in Spain wanting to do SS.My Non-EEA fiance has come to Spain as a student.can anyone please give me step by step guide on how i can exercise treaty right.

Can anyone on this forum give me a step by step guide into how i can go about things while here.?I'm a Madrid

BritInParis

And you’re a British citizen? Are you working in Spain? How long have you been resident in Spain?

king2

Hi,
Yes, i am British. I arrived on Thursday and currently living with my girlfriend who is a student in Madrid.

BritInParis

Which passport(s) does she hold and when do you plan to marry?

dmu

As hinted by BiP, you must first sort out your matrimonial status and either marry your gf or enter a civil union with her, before you can apply. Other factors are legal employment in Spain for yourself, rental receipts and Utility bills in your name (or joint names) to prove domicile, proof of the duration of your relationship, ..... I rather suspect that you must spend several months, with proof that your "centre of life" is in Spain, before you can apply.
https://www.gov.uk/family-permit/surinder-singh
is but one of many links on the subject of Surinder Singh, and there have been threads in this MBTTUK forum describing people's experiences.
Good luck, but be prepared to comply with all the conditions!

king2

Hi,
Thanks again.I really appreciate your help.

She is on a Ghanaian passport, with respect to marriage,i found out from someone that we cannot marry here until we've lived together for one year.He then suggested going to Denmark to get married.We are looking at end of July/early august to go over to allow me sort out job,address etc.....

Do i need to apply for an EU residence card or an NIE? and with what documents do i do this?

king2

With respect to Centre of life, I plan to return to settle in Ireland instead of UK due to potential Brexit advantage so i'm looking at building records for around 4 to 8 months an then applying to have her accompany me to Ireland....ie going to exercise a second treaty rights.

dmu

As a UK citizen, you can go freely to Denmark, but your gf would have to find out from her Consulate in Madrid whether her present Visa would be valid outside of Spain. You'd also have to check the residency conditions to get married in Denmark. For example, in France, one partner must prove continuous residency of at least one month in the town where the marriage takes place. I'd go along to the Danish Consulate to get info from the horse's mouth, if I were you, and a visit to the Irish Consulate might be worthwhile, if that's your ultimate destination... Get info from official sources!

king2

Advice noted.
We have checked my gf's ability to go into Denmark and have been told that her Shengen student visa doens't restrict her from getting married in denmark. What i haven't checked is the length of stay bit in the town of marriage.I shall find that out next.

Regarding information from Irish embassy, i have been reading and arming myself with the information they need for a category C short stay visa which is what my to be wife will needs to accompany me to Ireland. The plan is to establish living together before, during and after marriage to make the case strong.Until we get married, i will be registered at her address and then switch over to a flat of our own after marriage with all bills in our names.

dmu

You haven't mentioned your source of income in your posts. You yourself need to be "working, self-employed, self-sufficient or studying in the EEA country where you've lived together", as per the above link. "Working" in the sense of legal employment with a contract, and if you're self-employed, setting up a Spanish business structure. If neither, what are you doing about your present healthcare coverage, which may be another condition to comply with. I actually live in France, and some people have asked about the S.S. route in the past. Unfortunately they didn't come back to give any feedback.....

BritInParis

To successfully pursue the Surinder Singh route your fiancée would need to reside with you in Ireland after you marry. You can move ahead of her to Ireland to establish yourself but she would need to live with you in Ireland for a substantial period of time before becoming eligible. With Brexit on the horizon the clock is ticking on this route. As it currently stands it is unlikely to continue after 31 December 2020 and may cease as early as 29 March 2019. I would also concur with dmu on the need for you to exercise Treaty Rights in the Republic of Ireland.

king2

Reason for exercising treaty right in Spain is due to fact my Partner is here studying so i get to kill two beds with a stone.
Does anyone know of an Immigration Lawyer in Madrid whom i can talk to.?All the ones i'm speak to on phone seem not to speak English

dmu

Hi, you'd better post in the Spain forum for such info, but meanwhile, have you got a job in Madrid, proof of residence, etc... as mentioned above, in order to comply with the rules for exercising treaty rights?

king2

Hi,

Ive got my residence card, booked by wedding for 25th in Demark and have a job now.

Im still looking for a good solicitor who speak english