Dubvibe

I am a British citizen with a Canadian partner, we have a five year old
(Canadian born) daughter and at present we are in the UK. I have found out
that my wife and child can't get their visitors visa's extended so we are
looking at moving to Spain where we have a place to live.
Is there a way we can move there and get my wife and child Spanish residency
without having to send them back to Canada and split up our family.? Can we all enter Spain as visitors and then apply for residency once we are there..?
Any and all help greatly appreciated, thank you D

snikpoh

When you say 'partner', I assume that you are NOT married?

That being the case, then I suspect it will be very hard.

Dubvibe

From everything I have read it makes no difference..... why would you think it would.?

snikpoh

I think it does matter in Spain - I think you have to have a 'registered partnership'.

A common law marriage (parejas de hecho) needs to be documented before it will be accepted.

lynnxa

yes - it does make a difference in Spain - unless it's a recognised registered legal partnership - & by that I mean recognised by Spain - Spain doesn't necessarily accept those from other countries


Dubvibe - if you are married your wife can exercise treaty rights to live in Spain, with you, as your spouse - the key word there is 'spouse' as far as Spain is concerned

your child - as your biological child, can exercise treaty rights as your child

you could all come to Spain together - you would need to register as resident - for that you need to prove income or sufficient funds & healthcare provision -& then your wife & child could apply for residency exercising their treaty rights as your family

Dubvibe

Would we be able to go to Spain, register on the Padron and then get married there.?

lynnxa

no - at least one of you would have to be both a registered resident & on the padrón for two years before you can marry in Spain

Fredbargate

Alternative solution

https://www.gibraltar.gov.gi/getting-married

bxpuser24710519

Gibraltar a great place to get married, loved every bit of our special day.

EsuriJohn

Could you not get your child a UK passport as a start and that would halve your problems with UK and Spain. You could all enter Spain as visitors but after 90 days you have to apply for residency. Why not all go for an extended holiday after getting your child passport apply for your residency immediately then the Padron since you already have a place to live go to Gib for a long weekend and get married then Bobs your Uncle and you can come and go in the EU AS YOU WISH.

Dubvibe

Thanks for the help folks.... We were looking at Gib yesterday, it is listed as the 2nd easiest place in the world to get married (after Vegas). It looks like we are going to do a "John and Yoko" and tie the know on the rock... 8-)
Thx again, much appreciated.