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-   -   Situation regarding new partner (https://britishexpats.com/forum/spain-75/situation-regarding-new-partner-948518/)

CostaBlancaTrader Jun 27th 2023 5:05 pm

Situation regarding new partner
 
I am resident in spain and I have entered into a serious relationship with somebody from the UK and she has 2 young children. We are not thinking too far into the future yet and we are aware of the 90 day rule but it does beg the question.

How does it work if we want to be together permanently ?

Thank you.

tebo53 Jun 27th 2023 7:01 pm

Re: Situation regarding new partner
 

Originally Posted by CostaBlancaTrader (Post 13201023)
I am resident in spain and I have entered into a serious relationship with somebody from the UK and she has 2 young children. We are not thinking too far into the future yet and we are aware of the 90 day rule but it does beg the question.

How does it work if we want to be together permanently ?

Thank you.

If you get married she can join you here as a family member. You may have to prove that you have sufficient income to support your new family etc

Steve

EU.flag Jun 27th 2023 10:03 pm

Re: Situation regarding new partner
 
"How does it work if we want to be together permanently ?"
Option B, you move back to UK.

Joppa Jun 28th 2023 12:23 am

Re: Situation regarding new partner
 

Originally Posted by CostaBlancaTrader (Post 13201023)
I am resident in Spain and I have entered into a serious relationship with somebody from the UK and she has 2 young children. We are not thinking too far into the future yet and we are aware of the 90 day rule but it does beg the question.

How does it work if we want to be together permanently ?

Unless your (new) relationship started before the end of the transition period (31st December 2020), your new partner and her children cannot gain residency under the withdrawal agreement (i.e. as family members of someone protected under the WA) and will need to qualify in their own right, such as NLV. The only circumstance in which a new family member can qualify is if he or she is a new-born or newly-adopted child of an existing relationship predating the end of the transition period.

Pulaski Jun 28th 2023 12:42 am

Re: Situation regarding new partner
 

Originally Posted by Joppa (Post 13201079)
.... The only circumstance in which a new family member can qualify is if he or she is .... .

"Only"? :confused: ... If CBT has citizenship of an EU country, or takes Spanish citizenship, then he could sponsor his spouse/ partner and her dependent children.

Joppa Jun 28th 2023 12:59 am

Re: Situation regarding new partner
 

Originally Posted by Pulaski (Post 13201080)
"Only"? :confused: ... If CBT has citizenship of an EU country, or takes Spanish citizenship, then he could sponsor his spouse/ partner and her dependent children.

Yes, of course. Similarly if his new lady can get Irish passport etc. But I was arguing on the basis of OP being a British citizen living in Spain under the WA.

CostaBlancaTrader Jun 28th 2023 5:54 am

Re: Situation regarding new partner
 
Hmmmm I am eligible for an Irish passport but how does that effect my residency which was gained under my British passport.

Lou71 Jun 28th 2023 8:10 am

Re: Situation regarding new partner
 

Originally Posted by CostaBlancaTrader (Post 13201143)
Hmmmm I am eligible for an Irish passport but how does that effect my residency which was gained under my British passport.

If you are eligible for an Irish passport, why on earth have you got a British passport if you live in an EU state? I made sure I obtained my Irish passport before the end of the transition period and I'm extremely glad I did.

If you get the Irish passport, you can get your partner and children into Spain immediately. You can simply reapply for normal EU type residency with the Irish passport and you don't need to faff about with the ridiculous Brexit related stuff.

Can you get the Irish passport immediately or have you got to go via the FBR?

CostaBlancaTrader Jun 28th 2023 2:47 pm

Re: Situation regarding new partner
 

Originally Posted by Lou71 (Post 13201157)
If you are eligible for an Irish passport, why on earth have you got a British passport if you live in an EU state? I made sure I obtained my Irish passport before the end of the transition period and I'm extremely glad I did.

If you get the Irish passport, you can get your partner and children into Spain immediately. You can simply reapply for normal EU type residency with the Irish passport and you don't need to faff about with the ridiculous Brexit related stuff.

Can you get the Irish passport immediately or have you got to go via the FBR?

What is the FBR ? I did my residency with my british passport so just never felt the need to apply for my irish one. Surely if i was to get an irish one i wouldn't need to do my residency again ? Not like you have to forfeit the British one as you can have dual citizenship.

CostaBlancaTrader Jun 28th 2023 2:52 pm

Re: Situation regarding new partner
 

Originally Posted by tebo53 (Post 13201039)
If you get married she can join you here as a family member. You may have to prove that you have sufficient income to support your new family etc

Steve


This make the most sense to be honest.

As a resident of this country you should be free to meet anybody from anywhere in the world.

CostaBlancaTrader Jun 28th 2023 5:46 pm

Re: Situation regarding new partner
 

Originally Posted by Joppa (Post 13201084)
Yes, of course. Similarly if his new lady can get Irish passport etc. But I was arguing on the basis of OP being a British citizen living in Spain under the WA.


So as a british citizen resident in spain i am only limited to finding love within the european union after brexit ?

CostaBlancaTrader Jun 28th 2023 5:49 pm

Re: Situation regarding new partner
 

Originally Posted by EU.flag (Post 13201059)
"How does it work if we want to be together permanently ?"
Option B, you move back to UK.


Ridiculous answer

DLC Jun 28th 2023 6:20 pm

Re: Situation regarding new partner
 
Visados Nacionales - Visado de reagrupación familiar en régimen general

Visado para familiares de los extranjeros que ya tengan residencia legal en España y que quieran ejercer el derecho a la reagrupación familiar.

You'll have to get married first since you won't be able to live together as a pareja de hecho due to the 90/180 rule.

Notdunroamin Jun 28th 2023 6:23 pm

Re: Situation regarding new partner
 

Originally Posted by CostaBlancaTrader (Post 13201177)
Not like you have to forfeit the British one as you can have dual citizenship.

To be more accurate Spain does not 'disallow' dual citizenship, rather it does not recognise it unless between countries with which it has agreements, UK not being amongst them.

You cannot be asked or told to surrender your UK passport either as it's the property of the UK government and cannot legally be taken from you by Spain.

https://www.idealista.com/en/news/legal-advice-in-spain/2023/04/04/117573-does-spain-allow-dual-citizenship-with-the-uk

In short, even if you take up Spanish citizenship you remain a UK citizen also. Renouncing that, were you to wish to do so, can only be done with the UK.

CostaBlancaTrader Jun 28th 2023 6:44 pm

Re: Situation regarding new partner
 
I suppose I'll just have to marry her then :rofl:


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