90 day rule in Spain

Member since 31 January 2022

BeatravelingActive member19 June 2022 21:01:04

Hi鈥� I鈥檓 trying to plan my in and out adventure. My 90 day limit is coming up on July4th. My paperwork and application for the NIE and residency (as spouse of Spanish citizen has already been sent . But apparently that鈥檚 not enough proof for me to stay and need to get out asap. I could go back to US (im a US citizen) but would like to come back on August 1st because im leaving in Spain my husband and my dogs 馃槱馃槱鈥� so a month feels like a lot. If everything goes well by then I should have both the NIE and 鈥渢arjeta comunitaria鈥�. However, I guess my question is, what if I come back August 1st, but the NIE and residency don鈥檛 get approved until a week or two later? If I return on august 1st I will only have 4 days left within my 90 days. So if the documents don鈥檛 get to me until let鈥檚 say mid August, what would happen next time I want to leave Spain again? Let鈥檚 say in December of course now as a legal resident? I hope this is not confusing 鈥�. I鈥檓 sooo stressed right now. Will very much appreciate your help.

DoubleTax Member

Member since 10 June 2022

DoubleTaxMember23 June 2022 08:40:25

@Beatraveling

Good morning.

You shouldn't worry about your situation, don't worry

Once you have made the request, there would be no problem since even if there is a period in which you remain "supposedly" in an irregular situation, what the European Courts say is that the right exists from the moment you are married to a European citizen and hence obtaining the residence card by a family member of a community citizen is a formality. This has been established to avoid those cases in which someone in your situation was penalized or expelled for the mere fact of not having the card. It would simply be a formalism that does not limit your rights.

***

Kind regards

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Beatraveling Active member

Member since 31 January 2022

BeatravelingActive member04 July 2022 21:25:28

Thank you. So I鈥檓 illegal as of today, July 4th. Our immigration attorney said the same thing. However, my biggest concern is that I have a work trip on July 21st. If I haven鈥檛 received the card by then, I would have to cancel my trip, and loose $1,500 I paid because I鈥檓 at 1099. 馃槱馃槱 what are your thoughts? Should I risk it and go?