- April 7, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Current Situation
My wife is Turkish and we are facing a dilemma regarding her residency and citizenship status.
### Concerns
I am concerned that she will be spending six months each year in Portugal for the next two years. This could potentially create challenges in terms of job opportunities, housing situation, and overall stability. Additionally, there is a fear that her application for citizenship may be rejected due to spending a significant amount of time in Spain.
### How AI Legalese Decoder Can Help
AI Legalese Decoder can be a valuable tool in this situation. By using this technology, we can accurately decode and interpret the legal documents and requirements related to citizenship applications and residency rules in Portugal and Spain. This will help us understand the intricacies of the process and make informed decisions regarding our next steps. Additionally, the AI Legalese Decoder can provide us with insights and recommendations on how to navigate the complexities of immigration laws in these countries, ultimately improving our chances of a successful citizenship application for my wife.
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Officially, your residency is based on where you are registered. This is a requirement of visas, whether the visa holder is an EU citizen or not.
Technically, as a visa-holder for a non-EU citizen giving your wife permission to remain in Portugal, your wife can only live/reside in Portugal.
Practically, however, because you’re in the Schengen zone, it would be very difficult to detect once you move since there are no longer passport checks between countries. Provided your wife has a Portuguese address and they don’t do surprise inspections. They usually don’t unless they suspect visa fraud. If they do you might want to contest it under art 8 European Convention on Human Rights but that stuff is long and expensive.
The concern you might have is that your wife will not be able to work in Spain unless you also have a visa for her for Spain. And you yourself, presumably if you’re not Spanish, will also need to register in Spain and that would be a bit suspicious if you live in Spain and your wife is registered in Portugal.
Much will depend on your personal circumstances and how you are arranging it.
You also need to check your wife’s visa/citizenship conditions: citizenship applications usually allow you to leave the country for a certain number of months each year and still not disrupt the accumulation period.
As always, seek professional advice.
What residency does she have? She might not be allowed to spend 6 months in Spain.
For non-schengen the max allowed time is 3 months. Otherwise it cannot be considered continuous residence.
Your question includes a reference to Spain, which has its own legal advice subreddit. You may wish to consider posting your question to /r/ESLegal as well, though this may not be required.
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