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Hi there. If someone can advise me about the validity of 5 years residencia card? If someone returns after two year spending outside EU, would the card still be valid and person would be allowed to enter or not? Thanks
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66, It would appear he/she is not an EU citizen, oterwise he/she would not need to ask the qusetion.
But it is a good question.
I don't think there would be a problem as the Residencia (they being non EU) is valid until the date it expires.
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Thanks for replying. No I'm not the EU citizen, just a holder of Residencia card. Is there any info available online or if anyone experienced this situation?
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La autorización de regreso es el documento que permite a los extranjeros que vayan a salir de España cuando se está renovando su tarjeta de residencia, sea de residencia, trabajo, estudiante… REGRESAR DE NUEVO A NUESTRO PAÍS. Como en frontera sólo se admiten documentos NO CADUCADOS, con la mencionada autorización de regreso el extranjero que esté renovando su permiso tiene la seguridad de que podrá acceder de nuevo al territorio español.
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I don't think there would be a problem as the Residencia (they being non EU) is valid until the date it expires.
It will rather depend. A 'Residencia' for an a Non-EU citizen is very different from the registration certificate for EU nationals.
Does the poster actually have a VISA to enter Spain or the EU? Or Indefinite leave to remain in a member state?
If so, what kind of visa and what is its validity? The key fact here would be whether the poster is a FAMILY MEMBER OF AN EU CITIZEN?
There can be many complications in a case like this. Even with an EEA Family Member Residence Card there are various rules, for example, the non-EU traveller must physically accompany the EU family member during entry.
The official advice on this can be found here:
http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm
A good summary here:
http://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/
If the poster is not a family member of an EU Citizen, they really should get advice from the nearest Spanish Consulate.
This message was last edited by 66d35 on 13/09/2012.
This message was last edited by 66d35 on 13/09/2012.
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66
The poster says he has Residencia. (so lets not get into Registrartion which does not apply).
That means he does not need a visa, nor anything else to return to Spain (schengen Area)
My wife is non EU. When we go on a trip say for three months, when we return she just shows her Residencia at the first stop in the EU. That’s it. The last couple of times it was Paris. We then caught the flight to Spain.
My wife and her Non EU friends have travelled on their own to the Far East and back. No probalem. Just show Residencia at entry to Schengen Area.
So as I said, providing there is no regulation which says a person with Residencia cannot leave the country for more than a certain period, and I have never seen such a regulation, then it would seem there is no problem, whether it is 3 months, as in ours case, or a longer period.
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Hi thanks for the reeplies.
Well the person is a partner of a British citizen and has been away from EU for more than two years and now wants to return.
i have found the below directive if some one can advice regrading Articel 11 of the stted Directive, if it still valid or any ther are any new regulations becuase under my understading the card would be invalid for the travel however not sure?!!
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004
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I see your point., as copied below.
In your situation I would contact the Spanish Consulate in the country where you are now and seek their guidence
Article 11
Validity of the residence card
1. The residence card provided for by Article 10(1) shall be
valid for five years from the date of issue or for the envisaged
period of residence of the Union citizen, if this period is less
than five years.
2. The validity of the residence card shall not be affected by
temporary absences not exceeding six months a year, or by
absences of a longer duration for compulsory military service
or by one absence of a maximum of 12 consecutive months
for important reasons such as pregnancy and childbirth, serious
illness, study or vocational training, or a posting in another
Member State or a third country.
This message was last edited by johnzx on 13/09/2012.
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2. The validity of the residence card shall not be affected by
temporary absences not exceeding six months a year, or by
absences of a longer duration for compulsory military service
or by one absence of a maximum of 12 consecutive months
for important reasons such as pregnancy and childbirth, serious
illness, study or vocational training, or a posting in another
Member State or a third country.
That is correct, and is one of the reasons I was asking if there was an 'actual' visa in place.
A two-year absence would normally cancel the residence card.
One of the problems is that decisions on who to admit are taken 'on the spot' by border staff. It can be quite inconsistent. They can also ask a lot of questions. Depending on where the traveller is from, and their nationality, a full entry visa may well be required, issued in advance - often with conditions attached.
This message was last edited by 66d35 on 14/09/2012.
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Thanks very much for all the replies and clarifies further. Now I would seek assistance from the local couslate and hope for the best Regards
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Can anyone recommend someone who can do a Spanish residence card application for a non EU citizen married to a UK citizen living permanently in Spain? Preferably an English speaker and close to Orihuela. Someone trustworthy who is not going to just rip you off in fees.
_______________________
NARCISSISTIC PERSONALITY DISORDER: A mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others.
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It is not that difficult. My wife is a non-EU and has Residencia for 6 years.
If the person goes to the National Police Station, which deals with applications for EU citizen registrations, they will explain what is required, where the application must be made, and they will supply a telephone number , so that an appointment can be made.
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On the original question
Which was :-
If someone can advise me about the validity of 5 years residencia card? If someone returns after two year spending outside EU, would the card still be valid and person would be allowed to enter or not?
I now understand, that a non-EU citizen with Residencia Status, will lose it of they are away from Spain for a period of six months or more.
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Hello Johnzx
I wish it was so simple. I realise I have posted something that is different to the original question but I need help from anywhere I can get it. Am I the unluckist person in Spain. Please see copy of email below sent to Spain consulate Bangkok and British consulate Alicante today. I need as much help as I can get.
To: Spain Emb Bangkok
Cc: British Consulate Alicante, buzonweb@mae.es
Hello sy Spain consulate, Bangkok.
Please see the information below.
''Or, if the country is not party to the Hague Convention, the marriage certificate should be legalised following the procedure below (which usually involves obtaining 4 separate official stamps):
- the stamp from the issuing office (i.e. Civil Registrar) in the country of marriage
- the Ministry of Foreign Affairs (or other competent authority) in the country in which the marriage took place
- and the Spanish Consulate in the country in which the marriage took place
- and the Spanish Ministry of Foreign Affairs in Madrid (Ministerio de Asuntos Exteriores y de cooporación - MAEC).''
My wife arrived back in Spain on the 24th December 2012 with her Residence visa issued on 14 December 2012 along with all her new and supposedly up to date documents to obtain her Spanish Police Residence Card.
There appears to be 2 problems.
1. You have issued a Residence Visa without legalising a single document. Why is that.
2. The new and up dated ''certificate of marriage and all accompanying documents'' are dated 21 September 2012 and legalised by the British Embassy, Bangkok on the 8th October 2012. Because of the lengthy process of approximately 2 months to process and issue a residence visa these documents are now over 3 months of age and out of date for the purpose of obtaining a Spanish Police Residence Card.
It would appear that both the Spanish authorities and the British Consulate Spain who issue the ''Foreign marriage recognition certificate'' are imposing time limits that cannot be met any-more, especially bearing in mind that all the documents need to be sent to (MAEC) in Madrid for legalisation before they can be presented to the British Consulate.
My wife previously had a Spanish residence card which expired. And her Spain visa was issued by the Spanish Consulate Bangkok within 4 days, submitted on a Monday and collected on the Thursday of the same week. It was also pointed out to us by the staff at your Consulate that they would automatically legalise all the documents as this was an obvious requirement and know to all staff.
Perhaps someone could suggest how we go about sorting all this out. Is it going to be another round trip to Bangkok at a cost of over 3,000 Euro to get new documents and have them correctly legalised and produced within a shorter time frame?.
_______________________
NARCISSISTIC PERSONALITY DISORDER: A mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others.
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Hi Potblack
This site has been mentioned in posts here before. I just found it again when I was searching the internet trying to find where you might get help.
It appears worth a try.
http://ec.europa.eu/solvit/site/index_en.htm
This message was last edited by johnzx on 26/12/2012.
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Unfortunately, SOLVIT will not be much help in this case as it appears neither the original poster, or his wife, are EU citizens and the case does not revolve around an interpretation of EU law. Spain is bound by EU law - but only with respect to EU citizens and their immediate families. If neither party is an EU citizen, then general national immigration rules apply.
What is needed here is a specialist immigration lawyer. Granting of the right of residence to non-EU citizens is conditional, and a number of criteria must be met. A brief outline is available here.
I am trying to understand exacly what the problem is here, however. If I am correct:
a) The Spanish consulate abroad issued a Residence visa, yes?
b) They did this having legalised the required documents to their satisfaction, yes?
c) The National police refuse to accept the visa because they say the 'legalisation' is out of date?
Is this an accurate summary of the situation?
This message was last edited by 66d35 on 26/12/2012.
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Hello 66d35 and thank you for your post.
I am assuming you are referring to my case.
I am a EU citizen (British) living permanently in Spain.
My wife is a Thai national.
The problems are that the Spain Embassy in Bangkok have issued my wife with a 90 day resident visa. But appear to have not legalised all the marriage documents. Or at least I cannot see any official stamp on them by the Spain Embassy Bangkok.
Furthermore because it takes the Spain Embassy Bangkok so long (2 months plus) to issue a residence visa, by the time she arrives in Spain the marriage documents are over 3 months old and invalid for her Spain residence application.
For the avoidance of doubt. To obtain a Spain residence card and a Foreign marriage recognition certificate (from the British Consulate Spain) all marriage documents must be re issued and by the non EU country where the marriage took place and must be dated within the last 3 months at the time of residence application. They also need to be fully legalised as stated in my previous post.
So what I am trying to say is that if it takes 2 months plus to get the Spain entry visa it is almost impossible to keep the supporting documents within the 3 month date restriction to apply for residence once in Spain.
_______________________
NARCISSISTIC PERSONALITY DISORDER: A mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others.
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Potblack,
understand that Spain signed an EU Directive to the effect that it is illegally to keep a couple apart. For that reason I would have thought that
would have been able to help,
although 66d will have a better understanding of what they can do to assist.
Good luck.
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OK, it is much more straightforward if you are yourself an EU Citizen. You can, therefore, make use of SOLVIT:
http://europa.eu/youreurope/citizens/help/index_en.htm
However, is there some reason why you cannot obtain an official copy of the marriage certificate, have it translated, and legalised and sent to Spain via, courier, for example? Some immigration lawyers can arrange this, where required. Might be worth contacting one in Thailand.
There is no requirement at all that you have to apply/register within three months of marriage itself. It is only the paperwork that the Spanish demand is not more than 3 months old. An official copy is perfectly legal.
Further, your wife has three months FROM ARRIVAL to apply. Not from the date of marriage.
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