Question
I need some help in obtaining a Spanish residency in Spain. I am a U.S. citizen and my fiance is part of the EU and we will get married this year. In the meantime, I need assistance on whether or not I will need to apply for a residency visa as we get married which will take longer than the 3 months I am allowed in Europe visa-free.
What would be a possible visa to apply for in this case? I know we are getting married but just in case the process takes longer than 3 months I will want to secure a visa to stay in Europe longer. Any help/advice is appreciated.
Answers
These are the answers of Spainguru’s Facebook group members:
“If you get married prior to the 3 months, then immediately apply for your residency based on being the spouse of an EU citizen, the 3 months no longer applies- you get to stay while you wait for them to process your residency.”
“Visas take months to get, and it’s not necessary for the partner of an EU citizen according to Schengen 90/180 rule adjustments.”
“EU law, which applies in this case, recognizes a durable partnership has the same significance as marriage. Under Schengen rules, 90/180 does not apply to a Third Country National (TCN) travelling with an EU family member.”
“A durable partner without being married can apply for residency under EU law, especially from an Annex 2 country.”
“If planning to marry in Spain, consider the complexities and possible delays. Marrying in the U.S. might be simpler.”
“In Spain, a notary can expedite the marriage process, making it quicker to apply for residency afterward.”
“There is no specific fiance visa in Spain, but by having a relationship with a Spanish or European citizen, you have mobility. If you have been in a relationship for at least a year, you could request residency even if the marriage has not yet been celebrated.”
Conclusion
The journey to obtaining a residency visa in Spain as a U.S. citizen married to an EU national involves navigating specific legal pathways and considerations.
According to advice shared by members of Spainguru’s expat community, marrying before the visa-free 3 months expire can simplify the process, enabling the U.S. citizen to stay in Spain while their residency is processed.
Furthermore, EU law provides certain flexibilities for durable partnerships, which can be leveraged to secure residency without a formal marriage, as long as the relationship is duly attested.
It’s also highlighted that practicalities such as the choice of marrying in the U.S. versus Spain, and the potential for expediting the process through a notary, should be carefully considered.
Consulting with immigration experts or legal advisors is advisable for tailored advice and to navigate the process smoothly.
