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Traveling Non-EU spouse while waiting EU family residency

Charli949494

Hello guys.


Here is my case.


I’m Portuguese and Last week (19/09/2025) I submitted my wife’s (Brazilian) initial application for Non EU family member of EU citizen residence permit in Spain.


We have the official receipt (justificante acreditativo) that states the date of application and all the documents submitted.


The problem is that this procedure usually takes 4/5 months, but we need to visit Brazil in December for our niece birth and in February for our own weeding.


I imagine that this situation is not rare amongst immigrants in Spain. Does anyone here faced a similar situation?


What can I do to minimize the chances of trouble at the border (back from Brazil)?


Thanks to anyone who replies!

See also

Work visas and permits for SpainVisas for SpainTIE appointmentsMoving from Non-EU country to Spain as Family reunionShort Term Student VisaVisas for permanent move from USA to SpainUk criminal record
SimCityAT

@Charli949494

Have you tried to contact them and ask, or maybe your embassy can help?

rdkater

@Charli949494

stay here in Europa get maried here.

Charli949494

@rdkater

I wish, but we already paid for the wedding. 200+ invites, no way to change.

Charli949494

@SimCityAT

Next Monday we are heading to the Policía Nacional (Office that emits TIE) to ask them

gwynj

@Charli949494


My understanding is that you need to stay in Spain and get her TIE before travelling. We did our family reunification in Spain many years ago, and it certainly didn't take 5 months (more like a few weeks), I'd be surprised if you didn't have the TIE sorted out by December.


In any case, I doubt that they'll give a returning Brazilian much aggravation... unless she overstays her visa-free allowance before leaving! As that allowance is only 90 days (in 180, so she can't go to Portugal for a day), you either need to wait for the TIE (however long it takes, even if you miss the birth/wedding) or she needs to leave before her 90 days is up. If she has already been hanging out with you in Spain/Portugal for more than 90 days, you might have a problem.


Family Reunification for non-EU family members of EU citizens is usually straightforward, so it's not a huge deal if you went back to Brazil early, and re-applied for it after the wedding. In any case, I'm curious on what basis you're applying for Reagrupación Familiar, as Spain is quite tricky with unmarried partners. As your wedding is next February, what was your proof of the family relationship?

Charli949494

@gwynj

Hi there!

we are what they call “pareja de hechoâ€, it is a relationship status recognize by the Spanish authorities. We presented our Pareja de Hecho document, that states our relationship is real, certified by a Brazilian official notary, so that we qualify as “pareja de hecho registradaâ€.

schengenvisahelp

Hello! If you have the justificante acreditativothat shows the residence permit application of your wife is pending together with marriage certificates, passports and any other documents supporting, You should be fine. A lot of EU family applicants waiting for their approval. To reduce the risk, think about getting a temporary travel permit ( resguardo de solicitud) from Extranjeria and save digital copies of your documents. So, always be ready to explain  the situationat broder checks. Moreover, When you travel must take advice from visa consultants.

Thanks.

gwynj

@Charli949494


Yeah, that's what I'd guessed, but wanted to check. They ask for (and check) your supporting documents (e.g. proof of family relationship) at the appointment, and they won't accept your application if it's not complete/plausible. I can't remember (and neither can my missus) but I'm pretty sure it was a couple of weeks for our decision. I believe the approval process is quicker as you're an EU citizen, perhaps within 45 days.


However, once it's approved, you need her TIE appointment (for fingerprints/photo), and then a further appointment to collect the card. I don't know the travel rules, but it would certainly be preferable to have done the fingerprints TIE appointment, even if you didn't collect the card.


You're probably aware that Spain has fast qualification for citizenship/passport for Ibero-Americans, including Brazilians. Officially, just 2 years, but with the faff of getting all the supporting evidence (inc. language/citizenship tests) and the processing backlog, it's probably closer to 4. If you register your Brazilian marriage in Portugal, then I guess she can get a Portuguese passport instead. That's got a backlog too, so, either way you're probably looking at 3-4 years. My partner, also from Brazil, got her Spanish passport a couple of years ago, and she's very happy with it. :-)