Residency application & convictions

Hi Matthew . i recently got my NLV despite having a conviction for common assault and harrasment and breaking a restraint order . it was over 10 years ago but showed the offences on my Acro as it was inside the 12 year ” clear ” period . I was advised that it was likely my application would be turned down and id have to appeal .

I decided to apply but i added my own character statement stating that my offences were not premeditated , i hadnt been arrested and it was outside the 5 year period required by  Spain . I also added that it was during an acrimonious divorce and the only time in my life that id been in trouble ….

I got my NLV and now live in Spain …Write your own reference highlighting the positives …

pm me if you want some help

@matthewrjones85

Welcome to the expat.com forum and good luck with your potential move to Spain!

For visa applicants @Museo gives good advice. Folks shouldn't assume it's an "automatic" refusal, and a well-written supporting letter and/or detailed subject access request (to show the when/what of any convictions that don't get itemized on the ACRO certificate). Moreover, you can always appeal a refusal.

However, your case is completely different, as you're the family member of a Spanish (EU) citizen. This should be much easier than the NLV, and I don't think it even requires a criminal record check. The only aggravation is that Spain's a bit sticky about unmarried partners. But I doubt even that will cause much trouble given the length of time, and the 2 children (sensibly, they assume child = proof of relationship). You can do this in Spain, after you've moved there.

If your children have both UK and Spanish passports then they (and your partner) can relocate without any formalities. If they only have UK passports, then they would also do family reunification (it's actually one application by your partner for you and 2 dependents)... and maybe sort out their Spanish passports after the move.

As you can see, it's much easier than you thought... and you could pack your bags and move over tomorrow if that's what you wanted. Or, if you want to be sure, do this family reunification process next time you're having a vacation in your Spanish property.

https://balcellsgroup.com/family-member-eu-citizen/

@Museo thank you that is very helpful

@gwynj thank you, great advice.

@gwynj thanks for your reply. At present we both reside in the UK. I read that under the family residency applicationThe European Union citizen i.e. my partner must be a resident in the country - i.e living for more than 183 days.

How would this would if we travelled together (myself as a tourist up to 90 days) and then decided to apply for residency whilst we are in Spain? Would there not be any requirement for my partner to have been living in Spain for a certain period of time first?

@matthewrjones85

I don't believe there is a requirement to have been there for a certain period of time. The part of the guidance that you mention is in relation to EU citizens, in general, who must be legally "resident" in Spain. This is accomplished by doing the EU Citizen Registration step, Once they have their EU Citizen Registration card, they can submit an application for Family Reunification (even if they've only been in Spain for a few days). This registration step does not apply to a Spanish citizen, as they can live in Spain simply by virtue of their passport/citizenship.

Indeed, you might consider the difference between flying to your Spanish home next week for 3 weeks holiday... and flying there next week to live there forever. The only difference is intent, and an immigration officer can't read your mind. :-)

In our case, we were living in (and legal residents of) Bulgaria. We first flew to Spain for a week, and did my EU Citizen Registration. Then, we flew back a month later for another week, and applied for Family Reunification for my partner. At no point did they try to establish how long either of us had been actually physically present in Spain. I don't think it's any stricter for Spanish citizens.

In any case, there are a few requirements in relation to an application for Family Reunification, so, in practical terms, you probably can't do it the day after you next arrive in Spain! :-)

1. You have to book an immigration appointment via the Cita Previa system (although you can do this in the UK and fly just before the appointment).
2. You have to have health insurance, which, typically, will be from a Spanish company such as ASISA (and many others). You can do this online, but it's probably easier to visit an insurance broker next time you visit your Spanish home, and get a suitable policy to cover all four of you. (As a later separate step, after you are all residents, you can sort out your affiliation with Spain's public health system.)
3. Your partner, in order to be able to do this process, should normally be formally employed, self-employed or a student in Spain (which would mean she WAS/IS living there). Or, if not, she must prove that she/you have sufficient financial resources. I don't know the exact number, so you'd need to check the guidance. They might accept a UK bank statement, but it would be safer if your partner opened a Spanish bank account (you might already have one to pay your property's utilities) chucked the money in there, then went to the branch and got them to print and stamp a statement (very official). I don't think it's a huge amount of money, but if you were flat broke you'd have to cadge it off the parents-in-law, or sell your UK property so you could show those funds. Or simply send your Missus on ahead to get herself a proper job.
4. You need to have your Padron certificate. This is done at the Town Hall local to your Spanish property, and it lists everybody at this address. This certificate is widely accepted in Spain as proof that you "live" there (and as a Proof of Address, just like your Council Tax bill in the UK). This, too, typically needs you to make an appointment in advance. You can register all 4 of you at the same time (if you go to the appointment together), and they simply want to see proof that it's your home (LT rental contract or your Nota Simple).
5. You have to have proof of the "family relationship", and this applies to you, for sure... and maybe your children (if they don't currently have Spanish passports). As mentioned, they accept "common" children (i.e. Spanish citizen and non-EU partner are both the parents) as such a proof. This means you need birth certificates for the children, which show the names of their mother and father... and which, coincidentally, match hers/yours. :-) These same certificates would also prove their family relationship to your Missus, so that THEY can also be reunited. I don't know if it's required, but, typically birth/marriage certificates need to be "legalised", which requires sending them to the Legalisation Office in London.

I'm sure this looks like a bit of a faff, but that's bureaucracy for ya, especially immigration bureaucracy. Same the world over. You already have a home in Spain, so that means you won't need the additional hassle/time of buying or renting a place. If you got organized (and leaving aside selling your UK property), you could probably do all the above within 4-6 weeks in Spain (maybe even quicker).