Residency in 2 countries?

craftynick · Post by **craftynick** » Thu Nov 20, 2008 2:20 pm

My husband and i both live here in Spain, he has had residency here on his own for 3 years now but as we have just recently married we would like to move to Ireland (I am Irish and he is Nigerian). My question is - when we move to Ireland he would be there as my spouse, would he have to give up his papers for Spain. If so what would happen if (not being pessimistic just realistic) we separated before he got Irish citizenship - would his right to stay in Ireland be removed and if so would he be able to get his Spanish residency again or he would he be left to start from scratch again - hope this makes sense, thanks

86ti · Post by **86ti** » Thu Nov 20, 2008 3:54 pm

craftynick wrote:If so what would happen if (not being pessimistic just realistic) we separated before he got Irish citizenship - would his right to stay in Ireland be removed and if so would he be able to get his Spanish residency again or he would he be left to start from scratch again - hope this makes sense, thanks

Be careful with this question! People around here are quite sensitised recently to such questions.

It probably depends on whether you would be returning under Irish or EU law. In the latter case he would become "independent" after 3 years marriage in total and 1 year in Ireland. Don't know about Irish law. I think that he would lose his Spanish residence rights if he doesn't reside there for a certain period of time but that may depend on Spanish law.

craftynick · Post by **craftynick** » Fri Nov 21, 2008 10:27 am

We would be returning under EU law as i have been living & working here for 2 years & he has been working here legally for 3 years. Our marriage is 100% legit (he already has his papers so doesnt need me for that & weve been together for 2 years) but my job is finishing next week & I just want to return home to start our married life.

Obviously we hope to be together a lot more than 3 years but we want to make sure of all the legal issues first just in case. It just seems wrong that if we did separate then he could end up worse off.

Thanks anyway for your advice

Ben · Post by **Ben** » Fri Nov 21, 2008 10:55 am

86ti is right, your husband will probably invalidate his Spanish residence permit if he is out of Spain for a certain period of time (sorry, I don't know how long).

Could he stay in Spain long enough to acquire Spanish citizenship, then join you in Ireland later?

mktsoi · Post by **mktsoi** » Fri Nov 21, 2008 11:58 am

craftynick wrote:We would be returning under EU law as i have been living & working here for 2 years & he has been working here legally for 3 years. Our marriage is 100% legit (he already has his papers so doesnt need me for that & weve been together for 2 years) but my job is finishing next week & I just want to return home to start our married life.

Obviously we hope to be together a lot more than 3 years but we want to make sure of all the legal issues first just in case. It just seems wrong that if we did separate then he could end up worse off.

Thanks anyway for your advice

i am not trying to be an idiot. to be honest, if you really love each other. why would you worry about the 3 years? the question you asked here really made people in the forum think abit, u know!

Ben · Post by **Ben** » Fri Nov 21, 2008 12:00 pm

mktsoi wrote:to be honest, if you really love each other. why would you worry about the 3 years?

Indeed.

craftynick · Post by **craftynick** » Fri Nov 21, 2008 2:51 pm

ok let me rephrase my question.

My husband has gained absolutely nothing from marrying me. He has held the right to live & work legally in Spain since before we even met.

If we did separate would he be left with nothing or would they at least send him back to Spain & return him to his previous status before marrying me (which was 3 years LEGAL residency).

Before we married, with his status here in Spain he was free to work, to travel around Europe and also back home to Nigeria (where i have just spent the last 2 weeks)- he is more than happy to stay here & still be able to do these things, it is me who wants to move back home & bring my husband

I apolgise if this question annoys anyone or they think that this is just another sacm, i can assure you its not

Sorry Just trying to be a realist

Ben · Post by **Ben** » Fri Nov 21, 2008 3:21 pm

You're not asking anything that you have not already asked in this thread. 86ti gave you answers back up in the second post.

People who marry for love don't really have divorce or separation in their hearts or minds.

whirly · Post by **whirly** » Fri Nov 21, 2008 4:33 pm

craftynick wrote:ok let me rephrase my question.

My husband has gained absolutely nothing from marrying me. He has held the right to live & work legally in Spain since before we even met.

If we did separate would he be left with nothing or would they at least send him back to Spain & return him to his previous status before marrying me (which was 3 years LEGAL residency).

Before we married, with his status here in Spain he was free to work, to travel around Europe and also back home to Nigeria (where i have just spent the last 2 weeks)- he is more than happy to stay here & still be able to do these things, it is me who wants to move back home & bring my husband

I apolgise if this question annoys anyone or they think that this is just another sacm, i can assure you its not

Sorry Just trying to be a realist

I think what you're getting at is a fundamental difference in routes to settlement: work vs family. Your husband was independent in Spain through work. Now he's coming to Ireland dependent on you through marriage. I'm simplifying, but I think that's what you mean...?

Unfortunately, I think that the way the immigration rules are set up, and what people here are trying to say, is that you can't just switch back and forth from work to family. If you and your husband split up, he would need to find his own way to stay in Europe. It might not be easy since he would effectively be tied to you as his partner / ex-partner.

I suppose he would be covered if you enter Ireland under EU rules, as 86ti said. But I think if you're asking whether he can go back to his pre-married, pre-Ireland status, whether in Ireland or in Spain, the answer is no...

craftynick · Post by **craftynick** » Sun Nov 23, 2008 4:02 pm

ok thank you whirly that was what i wanted to know. Obviously we hope to be together for a long time but if not i just wouldnt want him to end up worse off but you have cleared this up for me. Thank you

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Residency in 2 countries?

Residency in 2 countries?

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