Question
“I got married to my Spanish boyfriend last year and I applied for my Spanish residency afterwards (marriage is still being registered and it takes up to a year in order to be approved). Before that, I was on a student TIE which has expired.
However, things have been really bad between us. He’s a narcissist and quite controlling. I feel stuck because I also don’t want to lose my residence. What are my options now if I decide to leave him? If they approve my residence for 5 years, does he have the power to change this?
Will I be illegal if we get divorced? I have been living in Spain for three years on a student visa. If anyone could help it would be great. Sorry for the long post & thank you!”
Answers
These are the answers of Spainguru’s Facebook group members:
“Obtain a lawyer”
“No, if you have residency you need to talk to extranjerna you will still be able to obtain your residency…In the meantime you can distance yourself from him and if you feel your life is in danger please go to the police.”
“If you are married to a Spanish citizen and have 1-year residency as married. You can apply for Spanish Nationality. That process takes a year to 18 months and you would have to remain married officially. If you have residency as a family member of him for less than 3 years you could have trouble modifying to being independent. Consult a local Immigration lawyer.”
“I would consult an attorney for this type of situation as they can advise you properly…”
“Ask a lawyer.”
“Narcissists – that kind of abuse is terrible! You could ask an immigration centre / health centre for help – they have resources and contacts for people who are dependent and in an abusive situation. Perhaps they can help? Also, join a fb group for support with dealing with your narcissist husband. They can help you manage your stress and get a strategy while you work out what to do. Wishing you all the best!”
“Call 016 if you feel in danger!”
“The way to become illegal is when renewing or before submitting docs for the first time cause at that time is when you need to prove you are married. My advice, stay in silence about your residence permit. Don’t even mention it and try to stay with him to avoid him to stop it.
Think twice before talking. You have to be smarter than him and you are. Go for it!! After getting your resident permit in hand move forward with what you consider best for you.
Divorce is registered once you already finished the process at the court and could take around a month. Better not to get a divorce till renewing and stay apart in the meantime. You can live apart without being divorced so try to get more time for you in order to renew it. I wish you the best!”
“Why should ANYONE stay [edited] in an abusive/frightening relationship? There are specific scenarios whereby a spouse could get residency despite not qualifying for the required time period.
Although this is a Spanish national immigration route, Spain adheres to the provisions made for non EEA/Swiss family members in an abusive relationship as per Directive 2004/38/EC. There are advice centres to put one in touch with experts. The LAST thing to advise is to put up with it and keep silent…sorry…truly AWFUL ‘advice’.”
“Am sorry for what you are going through. After marriage and obtaining the 5-year residency permit, in case of divorce before 2 years you lose the permit (at least this is what the lawyer told us).
You can always check your options with lawyers, sometimes they give you the first interview for free. I can recommend you our lawyers, kindly send me a pm. Good luck.”
“Once you have it, switch immediately to cuenta ajena if you have a full-time job.”
“I believe women fleeing abusive situations are protected by law from being deported.”
“Apply for one of the types of Arraigo.”
“Sorry about what are facing now, Kindly send me a PM and I will let you the details of a lawyer who will sort out things for you.”
“See a lawyer.”
“Gender Violence: Getting Help in Spain.”
Conclusion
The advice overwhelmingly emphasizes the importance of seeking legal counsel to navigate the complexities of maintaining residency status after leaving a spouse in Spain.
Many contributors suggest immediate legal intervention, highlighting avenues for protection under Spanish and EU laws, especially in cases of abusive relationships.
