SHENGEN VISA OVERSTAY,UNIQUE SITUATION

[Franchette]

Hello everyone,

I am a Filipino national currently staying in Spain.

I got married to a Spanish national, in Ethiopia and now we are in Spain trying to legalize the wedding. Due to bureaucracy and very slow process it turned out that we have to wait more months than anticipated. They only recently made our interview in the courts for my Libro de Familia (Family book)on November 29. I am now in Spain overstaying for almost 3months and we decided to leave the country to start our plan of traveling the world.

Now my crucial questions are:

A) Is there a way for me to prevent the RED STAMP or for them to give me a fine whilst leaving the country?

B) In the event that they would put a red stamp on my passport, is there any chance that I could still travel to other non EU countries?

C) Will I have problems in going back to Spain in the future, given that I receive my Libro de Familia (family book)?

I would greatly appreciate any help I could get.

[yaris]

As you are already overstaying, I suggest not to leave Spain before you are granted a permanent residence status. If you leave Schengen zone before being a Spanish permanent resident based on your marriage status, you are likely to get fined for overstaying which might be negative factor upon your return as well as for your Spanish citizenship application.

[Franchette]

Hi Yaris,

Thank you for these useful information. I appreciate it.

[MariaU]

Hi! I am going through the same thing with my husband right now. I am also a Filipina and he is a Spanish national. My visa expires on Monday (45 days) and we are still in the process of getting our libro de familia.

I just want to know if you had any problems because you overstayed? Or do they understand since you are in the process of processing your residency?

Any information you can give me would help me so much!

Thank you!

Maria

[yaris]

Do you have any expectation on when you get your Libro de Familia? Note that the Libro de Familia is not the document that would allow you stay in Spain in place of your visa. The Libro de Familia (The Family Book) is a document issued by the Ministry of Justice of Spain and is processed in the Civil Registry. The book just serves to record the relationship of kinship between parents and children, births, adoptions, deaths, separations and divorces.

To stay legally in Spain after your visa expires, you need to get either a Spanish citizenship, or a Spanish residence permit. In case you have not done so already, quickly file for a residence permit (Tarjeta de Residencia). You will also need so-called NIE (Número de Identificación de Extranjero - this is your identification number in Spain). Non-EU applicants are granted an initial residence for one year which is usually extended to five years on renewal. In order to obtain your residence permit and the NIE, you have to apply at the nearest Oficina de Extranjería or Comisaría de Policía. NIE is provided on the spot, the Tarjeta de Residencia comes after three months.

[MariaU]

Hi Yaris!

Thanks for your reply. I actually came from the Oficina de Extranjeria on Monday and they said it's not a problem that my visa expired on that day even if I still haven't gotten my residencia card.

Yes but do we not need our Libro de Familia for me to get a residence permit and NIE since that is the basis of my residence? The Libro de Familia was in the list of requirements they gave us before which is why were waiting for it. But if it turns out we don't need it, I might try to get those right away!!

[leena]

I had previously overstayed my UK visa for two years. But I left voluntary no stamp on it, no ban and no deportation. It was 4 years ago. Last year I applied for UK visitor visa got rejected and did not appeal. Now I need to visit Nederland for a business visit. will I get rejected for Schengen visa? Please advice.