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help needed with immigration, please read

help needed with immigration, please read

Old Nov 27th 2008, 7:07 am
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Unhappy help needed with immigration, please read

Please help if you can. I am a UK citizen and my fiance is Argentean but has residence in Peru. We plan to get married in Peru early 2009. We want to move to Spain and know that as my husband he has th right to do this too. BUt there is never all the information we need online and embassys refer us to websites that dont answer our questions. Is it possible IN ANYWAY AT ALL for us to move to Spain and file the paperwork once we are there? As he is from Argentina he does not need a visa to visit for three months. If I go and get a job and we get some accommodation is he able to job hunt or extend his visit once we are there by showing our marriage certificate. If he did find work there would he have to return to his country to get the work permit sorted. We really need help and are losing hope. We just dont want to be apart for a long period of time and are prepared to do anything to avoid this.
If you have had a similar experience or some knowledge on thesubject please email me at [email protected].

We just want to move on with the process but dont know what to do.

Thank you

Charley
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Old Nov 27th 2008, 10:15 am
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Default Re: help needed with immigration, please read

Originally Posted by charleyrainey
Please help if you can. I am a UK citizen and my fiance is Argentean but has residence in Peru. We plan to get married in Peru early 2009. We want to move to Spain and know that as my husband he has th right to do this too. BUt there is never all the information we need online and embassys refer us to websites that dont answer our questions. Is it possible IN ANYWAY AT ALL for us to move to Spain and file the paperwork once we are there? As he is from Argentina he does not need a visa to visit for three months. If I go and get a job and we get some accommodation is he able to job hunt or extend his visit once we are there by showing our marriage certificate. If he did find work there would he have to return to his country to get the work permit sorted. We really need help and are losing hope. We just dont want to be apart for a long period of time and are prepared to do anything to avoid this.
If you have had a similar experience or some knowledge on thesubject please email me at [email protected].

We just want to move on with the process but dont know what to do.

Thank you

Charley
Charley, if you are an EU citizen you dont have to do anything. Just come here. You dont need a visa. You say your husband has a right to come here, why is that ... you're saying he doesn't need a visa because he is your husband?
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Old Nov 27th 2008, 11:20 pm
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Default Re: help needed with immigration, please read

Originally Posted by Mitzyboy
Charley, if you are an EU citizen you dont have to do anything. Just come here. You dont need a visa. You say your husband has a right to come here, why is that ... you're saying he doesn't need a visa because he is your husband?
I am able to go as I am from EU and as my husband he would have the right to come to. Argentina has a link with Spain so he luckily can come for three months just with his passport. But I dont know if he can then register to stay without having to leave the country and still have the right to live and work there.

I know that if he were to come to the UK it would take months of being apart and fiance and spouse visas are required. I cant see anything on Spanish websites about spouse visas. Just residency cards. I dont seem to be abele to find enough information on websites. Its just not as helpful as speaking to a person.

Thank you for your response, it was a nice feeling that someone had answered so quickly.
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Old Nov 28th 2008, 8:25 am
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Default Re: help needed with immigration, please read

Originally Posted by charleyrainey
Please help if you can. I am a UK citizen and my fiance is Argentean but has residence in Peru. We plan to get married in Peru early 2009. We want to move to Spain and know that as my husband he has th right to do this too. BUt there is never all the information we need online and embassys refer us to websites that dont answer our questions. Is it possible IN ANYWAY AT ALL for us to move to Spain and file the paperwork once we are there? As he is from Argentina he does not need a visa to visit for three months. If I go and get a job and we get some accommodation is he able to job hunt or extend his visit once we are there by showing our marriage certificate. If he did find work there would he have to return to his country to get the work permit sorted. We really need help and are losing hope. We just dont want to be apart for a long period of time and are prepared to do anything to avoid this.

We just want to move on with the process but dont know what to do.

Thank you

Charley
The first thing to find out is about the visa; I'll try to fill in from what I know.
First of all, Peru is a red herring for immigration.

You are a UKC
Husband is an Argentine citizen (we'll project forward to a relationship you can use.. marriage must be complete for the move)

You do not need a visa to move to Spain. You do need to get a residency card there.
Your husband MAY need a visa to 'move' to Spain but I suspect not.
Your husband may VISIT Spain visa-free for 3 months.
Your husband will need an EEU Family Permit to reside in Spain.

I started with the UK Embassy/Spain website: http://ukinspain.fco.gov.uk/en/help-.../residence-req
Non-EU family members

There is also provision for non-EU family members, who have entered on valid passports and visas (where required), to reside with EU citizens, providing they too register in person at the Oficina de Extranjeros or designated Police Stations within 3 months of entry. They will be issued with Tarjetas de Residencia de Familiar de Cuidadano de la Union (Residency cards for family members of EU citizens). Additional documents will be required.

Further information

You can obtain further information from either:

• The Ministry of the Interior’s webpage on procedures for EU citizens; or


The M of the I's webpage is in Spanish: http://www.mir.es/SGACAVT/extranje/c...esidencia.html

If you want to read that & ask questions about a section, I can read Spanish but that is a big page.. come back with a short section.

I changed my status from a visitor/tourist to a permanent resident based on my marriage to a UKC (I'm US) but we did it in Greece. The rules should be very similar in Spain. Basically, it cost 500 euros for a 5 year 'green card' as they called it.

I think the most important thing to find out is: may your husband change from a tourist entry to an Eu family permit OR does he need a specific visa to enter with. Let us know what you find out!
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Old Nov 28th 2008, 8:33 am
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Default Re: help needed with immigration, please read

That sounds great. I know that he is allowed to enter on his passport with a tourist visa as he is from Argentina. What we were afraid of is that he wouldnt be able to stay and register that he may have had to leave first. If what you're saying is the case then maybe he can just go to the country with me and our marriage certificate and register. Were you able to start looking for work right away or did you have to apply for a seperate work visa?

I am very grateful to you both and am going to send the link to my boyfriend to read in Spanish as it would take me about two years to do it probably! hehe..

I'll let you know how we do with it.

Also we are looking into him getting a work contract we have made some contacts and are crossing our fingers. I think if he did this it would be easier, dont you think?

Thanks again Charley and Emiliano
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Old Nov 28th 2008, 8:41 am
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Default Re: help needed with immigration, please read

I just had a brain wave.. I think I've got an Argentine contact who was living in Spain.. my mom's computer dude. I'll drop him a line later too.

back to you..
Looks like we have established the same thing: Husband can come to Spain as a tourist, but can he change status to resident from that entry? That's the big question you have to find the answer for first.

The work found me; I didn't get a work permit separate from my residency card. Like a US Green Card, or a UK ILR, it gives the non-EU family member permission to live and work all in one.

Ask Emiliano to summarize that page for us in English if poss and we'll get a clue. I'll let you know what I find from Jorge eventually.
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Old Nov 28th 2008, 8:50 am
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Smile Re: help needed with immigration, please read

That's great. I will get him to forward me a rough translation. He says that as Argentinean he can come for 3 months and even extend it for another 3. So he an have 6 months tourist visa. Which is great as if we are able to do the paperwork there we will def have the time to do so. I will get back to you asap.

Thanks again, its really nice of you. Hopefully I can pass on the favour of knowledge to someone else when all this is done! Maybe its about time someone created an independent website on exactly how to do this. Maybe Emiliano and I can try something when we are hopefully successfull hehe!

Speak soon

Thanks

Charley
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Old Nov 28th 2008, 9:06 am
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Default Re: help needed with immigration, please read

ok, just dropped him a line.. turns out he is also Dutch/Argentine by descent so he may not know but we'll see!

My only caution to you about relying on the tourist entry/change of status is that in some countries (the US for example) you can NOT do this.. however, many of the EU countries allow it.

Paying it forward is the way to go, Charley. Posting the results of your research will definitely help someone in the future!
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Old Nov 29th 2008, 7:27 am
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Default Re: help needed with immigration, please read

Right. Got a quick comeback with some ideas.

Your question is difficult to answer with precision due to different rules and different interpretations.
IT is true that the argentine citizen can go to Spain for three months as a tourist and no visa is required, however, the Spanish immigration at the airports is particularly tough with argentines, both males and females and there are many cases where they are returned without being allowed into Spanish territory.
It has happened even with a return air ticket, enough cash and/or traveller checks and with a letter of invitation from a legal resident in Spain.

Can he change his status once in Spain? Apparently he should be able to change it since he is married to a UK citizen. Beware I said apparently.

I would take no chances and instead I would go to the Spanish Consulate in Peru and ask and also at the UK consulate. I would be careful and would not take any changes especially when it is simple to go to the respective consulates and ask. He may even add the Argentine Consulate in his consultations.

Now I know from my own experience that the consulates are not always the best places to get immigration advice, even though it seems like the most logical place.
I did find that entry cautions pertinent; it's my casual understanding that Argentinians may not have been so good about leaving after their tourist admission. That affects everyone who enters after a trend like that starts.
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