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Posted

Is there anyone who could offer me some solid advice regarding this?

I am currently working in Norway on a contract that is probably going to last until March sometime. I am a LTD company in the UK doing contract work. My wife is in Thailand and my son is in the UK with my parents and I could really do with getting us all back together as its just not fair on my son. I don't mind applying for a settlement visa but the 3 month wait is putting me right off, she can't get another familiy vist visa until March so I was wondering how I go about the above?

I was hoping to stay in spain, get my son into an english speaking school for the period we are there as he is only 3 years old and then finally move back to the UK. We have been married for over 3 years, we have a son together, I am employed through my limited company but I am only paying the tax efficient wage and the rest is paid as shareholders dividends.

Do I have to be earning a certain amount whilst living in Spain in order for her to apply for a residents permit? Is it a case of her going to bangkok to the spanish embassay, asking for a visa to visit me in Spain and then flying over or is there a lot more to it than this?

I am trying to get this sorted out as my parents are 70 years old and are tired, he has been back and forth to Thailand over his lifetime and he is just starting to learn the English language and adapt to it all so thats why he stayed with me in the UK but I got an unexpected job offer in December that I really couldn't turn down. If anyone could offer me some good advice about my options I would really appreciate it.

Posted

spain requires you to have sufficient income to support your family needs this can ve shown as wages and dividends/or pension income

also you need medical insurance

before you can apply to be resident you need a nie (can get after 3 months in spain)

the nie is important for buying car/house/dealing with the lcal govt/paying your taxes/opening a bank account/getting a post box.......

before you can apply for a resident certificate you need a padron but you can have a padron without getting a residence sertificate

to get a padron you need to buy a house /or rent a house

after 6 months or more you can apply for a resident certificate (and then u can also apply to be a dual) resident with the uk hmrc

assuming you pay tax u will find the spanish system is good if your income is investment/divi/savings/annuity

also after 6 months in spain you become tax resident(without the resident certificate)

as for your wife i think under euro rules she can automatically get a visa once you can show you are married not sure what hoops u have to jump through for that

Posted

If you are an EEA national exercising a treaty right in any EEA country other than that of which you are a citizen then your non EEA national wife is entitled to a free visa to join you there; with the minimal of requirements and delay. In the UK this is known as an EEA Family Permit.

The treaty rights are:

  • Student.
  • Job seeker, but this usually only allows three months residence unless you either find a job or can show you have a reasonable chance of so doing in the near future.
  • Worker, employed or self employed.
  • Living off independent means, e.g. retired with a pension.

In addition, once you have all been living together in another EEA country for an absolute minimum of three months and have created or strengthened your family life there (whatever that means!) your wife can then apply for an EEA Family Permit so you can all move to the UK together via the Surinder Singh route.

Although the regulations are the same for all EEA countries, each one has their own way of dealing with applicati0ons. So you should check with the Spanish embassy for how to apply to Spain.

Posted

Cheers folks! I plan to rent a villa there for 6 months, get my son into an English speaking school and work. I can offer my wife a job through my own company as a secretary but I am not sure this visa would allow her. I could open a Spanish bank account and have my wages paid into there if needed.

I will see if I can get in touch with the Spanish embassy shortly.

Posted

You need to register yourself and your wife, she will get a Residence Card, she can work with this, does not matter if she is your Secretary or not but I would ensure she pays taxes in Spain.

I did this in Germany without my wife working, I also use a management company for my taxes.

Posted

You need to register yourself and your wife, she will get a Residence Card, she can work with this, does not matter if she is your Secretary or not but I would ensure she pays taxes in Spain.

I did this in Germany without my wife working, I also use a management company for my taxes.

Where would I have to register? I have an accountants but I am sure they only cover the UK. I would have to get in touch with them to see if they could offer me any advice about living in Spain.

Posted

Register that you live in Spain to the local authorities, they will start the procedure to get your wife a Residence Permit, but am quite sure that she can start this process in Thailand, check with the Embassy

Posted

I don't know about the detaisl but recently I came across a (Dutch) list that explains the basics of the Spain route.

I'll give a brief translation:

1. Find a place to live in Spain.

2. Move and register in a Spanish town. Smaller towns are usually a better choice then large cities with waitin glists, bureaucracy etc. Ask for a "Certificado de empadroniamiento en el Ayuntamiento" .

3. Get a " Certificado al ciudadano de la Union Europea" , it contains the NIE (Número de Identificación). It can be requested via the "Officina de Extranjeria de la Unión Europea" (in Madrid).

3. Then you get a form Ex-16 , fill it in. Pay 10 euro's in fees and keep the paper that confirms payement of these fees. Take all this to the Aliens Police.

4. Now your family can come to Spain. They should get a free visa with minimum hassle and paperwork (no need for travelinsurance etc. ). Yo need to show that you are married/family, they will jin you ofcourse ID yourself and your family members. See the Schengen FAQ and the EU website on travel.

- http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

- http://europa.eu/youreurope/citizens/residence/index_en.htm

- http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0038

5. They need to register with the municipality aswell, and request and request settlement. Asking for a "Tarjeta de Residencia de Familiar de la Unión" (" Tarjeta de Residencia de Conyuge de Ciudadano Comunitario" ?). If you wish to make sure which documents the autoritiers may ask for, contact the “Comisaría de Extranjería”.

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