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Do I need a visa?

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BCNResident
  1/30/2015 17:46 EST

Hello,

I am a US citizen married to a Spanish citizen. I got a NIE 3 years ago to buy a home, which we did. On the back of my NIE is says "Aspectos laborales o motivo de concesión - FAMILIAR CIUDADANO DE LA UNION"

During this time, I have continued working in the US so I never stayed in Spain for more than 2 months a year.

Due to semi-retirement, I now can spend more time in Spain - about 5 months each year. I want to stay for 4 months on my next trip. Do I need to get a visa in order to stay longer or is that covered by my NIE?

Also, I've never shown my NIE when entering Europe (usually through Frankfurt or Munich) because I've never stayed more than 60 days. Is that going to be a problem if I need to show it now?

Should I be presenting my NIE with my passport at the passport control booths at the airport in Germany?

Thanks.

cwells67
  1/31/2015 08:14 EST

Hi, BCNResident. To be clear, the NIE is NOT residency. Your US passport allows you access to the EU for three consecutive months, but you will need to pursue a visa to stay longer. Hopefully, you live near a consulate and can get all of the paperwork together so you can legally apply for residence. If you are not going to be working in Spain, you can apply for a non-lucrative visa, which will give you temporary authorization for one year. The NIE is really a Spanish identification number that allows the country to add you to local registers when you live in an area. This is NOT the same as the EU Citizen card that your spouse carries, which allows access to any EU country for an indefinite period of time for any reason. Please feel free to send me a private message if you want to discuss that further. Kind regards, C

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With over 40 years of professional experience, Balcells Group provides legal advice on immigration, business, real estate, and tax. They help individuals, companies, investors, students, entrepreneurs, highly-qualified professionals, digital nomads, and more, to enjoy successful law processes in Spain by guiding their clients every step of the way. They speak Spanish, English, Catalan and Russian.
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BCNResident
  1/31/2015 10:34 EST

Thank you for your response, which caused me to dig deeper into this issue. I'm still not sure about this but this is what I have found.

I believe that I misspoke, that I have a 'tarjeta residencia' that includes my NIE. Here is a photo of what my card looks like (not my card, but something exactly like it I found on the Internet). Note on the back it seems to indicate 'residente':

http://cdn.revistavenezolana.com/wp-content/uploads/2014/04/tarjetas7.jpg

Also, according to Euromovement, "No visa required for holders of a “Residence Card” for family members of an EEA citizen

“Article 5(2) of the Directive provides that possession of a valid residence card referred to in Article 10 of the Directive exempts third country family members from the visa requirement. Example: […] United Kingdom “Article 10? residence card issued to the Moroccan spouse of a Belgian citizen."

I'm still not sure that I need a visa.

Regards.

cwells67
  1/31/2015 11:28 EST

Ahhhh, that does change everything! No, as long as that card hasn't expired, you should be fine! Yes, it seems that you have permanent residence status, so that means you can come and go in Spain as you wish. You may be asked to prove residence at the airports, as I was after a trip to the US, but having that card should suffice to let you back into the country if asked. Otherwise, I would not worry about showing it unless you were asked to give proof that you can stay longer than your passport allows. All the best on your adventures here in España! -c

BCNResident
  1/31/2015 11:51 EST

Again, thanks for your help!

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