Spain for non EU girlfriend, not wife

[nakrian]

Hi,

I'm a Dutch citizen currently living in The Netherlands and I've been offered a permanent fulltime job in Barcelona.
My girlfriend is of Thai nationality and currently living in Thailand. We are not married.
If I start working and living in Spain, will I be able to bring my Thai girlfriend to Spain as well?
What are the requirements for my girlfriend to live with me in Spain?

Kind Regards,

[noajthan]

Start here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[nakrian]

Hi, thanks for the link.

The article states:
"Other family members: The same right to facilitated entry and residence is also granted to your partner with whom you have a durable duly attested relationship."

"The group comprising other family members and partners have no ‘automatic’ right to accompany you to the host EU country or join you there. Their rights are subject to the host EU country’s discretion. "

I have already read on many websites that a proven relationship should in theory give my girlfriend the same rights. But I also know that each country applies their own rules. Which makes it confusing for me.

I have contacted several embassies/consulates in the Netherlands, Spain, and Thailand, but no replies.

If anyone can clear things up a bit for me, that would be great.

[noajthan]

Hi, thanks for the link.

The article states:
"Other family members: The same right to facilitated entry and residence is also granted to your partner with whom you have a durable duly attested relationship."

"The group comprising other family members and partners have no ‘automatic’ right to accompany you to the host EU country or join you there. Their rights are subject to the host EU country’s discretion. "

I have already read on many websites that a proven relationship should in theory give my girlfriend the same rights. But I also know that each country applies their own rules. Which makes it confusing for me.

I have contacted several embassies/consulates in the Netherlands, Spain, and Thailand, but no replies.

If anyone can clear things up a bit for me, that would be great.

Don't know about Spain but in UK they would be looking for evidence of 2 years together in a durable relationship 'akin to marriage'.
So not just a new gf/bf type relationship.

[Casa]

Spain recognises a durable partnership (parejas de hecho) as an extended family member of an EU citizen.

As noajthan has advised, documented evidence would need to be submitted.

[nakrian]

We are not registered anywhere as partners.
Do travel documents, traveling for several years together, photos, and education documents at the same university count?

[Casa]

We are not registered anywhere as partners.
Do travel documents, traveling for several years together, photos, and education documents at the same university count?

Unfortunately not in your favour. You need evidence such as long-term co-habitation, joint finances, shared tenancy or mortgage, both names on bills etc.

As noajthan has already commented... compelling evidence is required to show more than a boyfriend/girlfriend relationship.

Spain may well take a firmer stance on this than even the hard ball the UK plays.

[noajthan]

We are not registered anywhere as partners.
Do travel documents, traveling for several years together, photos, and education documents at the same university count?

Probably inadequate; you could just be good friends.
May be simpler to get married.

[nakrian]

yeah I'm thinking of getting married. Should we marry in spain or in Thailand in terms of quickly getting all this done?

[noajthan]

yeah I'm thinking of getting married. Should we marry in spain or in Thailand in terms of quickly getting all this done?

Be aware Spain is funny about marriage certificates (apostilles, date of issue and one thing and another);
you need to look into that carefully.

[nakrian]

After looking more into it, it seems that marriage in Spain will be more problematic. I think It is better I get married in either The Netherlands or Thailand. Gonna read more but it's so complicated for me.

[mgb]

Maybe Hongkong is a alternative for the marriage. The marriage certivicate is in chinese and english and it is possible to get a apostille.

[nakrian]

What is the difference between legalization and apostille?

[mgb]

The target country has nothing to do with the apostille.
If they are member of the hague apostille convention they have to accept it.
In Hongkong the high court is responsible for issuing the apostille.
Legalisation normally means the ministry of foreign affairs of the source country stamp the document and the embassy of the target country do the legalisation. The legalisation is only valid for this country.
If both countries are member of the hague apostille convention legalisation is not possible.

[nakrian]

Brain hurts, I don't understand.
So I know that The Netherlands is part of that Apostille stuff.
So if my girlfriend and I go marry in The Netherlands, where will we get this apostille from? From the Spanish embassy in The Netherlands? Or from a dutch high court?
This apostille needs to be on which documents? The original Dutch/English language marriage certificate and also on the translated to Spanish marriage certificate?

Sorry for asking so much. Your help is really helpful to me.

[mgb]

A apostille has nothing to do with embassies.
In the Netherlands the district court is responsible for issuing.
The apostille goes to the original document. If you need a translation you need a approved translator.
The problem is to get a visa for your girlfriend for the Netherlands.