I am an EU citizen. I am a British citizen with a British passport. I
live in Spain. I am a Spanish resident.

My partner is a Russian (non EU) citizen. She is a Hungarian resident
(EU resident), she's currently in Spain on a VISA.

What's the best way to normalise her status so that we can continue to
live together in Spain?  Would I have to marry her :-)  Would she
become a naturalised British, Spanish or Hungarian citizen if this
happened?

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Request for Question Clarification by politicalguru-ga on 13 Apr 2005 22:15 PDT

Dear Joe, 

As you're saying yourself, this is "complicated". Why should you
expect that a Researcher would do this work for $2? Please take a look
in the pricing guide to get a researched answer, or check previous
immigration answers (for examples, I have given quite a few). Here is
a link to guidelines about pricing
your question, in the pricing guide:
https://answers.google.com/answers/pricing.html

For $2 you will not get an answer to what is a very complicated
question. I would suggest that as your partner has Hungarian residency
(although you don't say of what type) she would be best advised to try
for Hungarian citizenship in her own right. It would probably support
her application if she dwelt in Hungary, had a job there etc.,
depending on her existing visa type).

Spanish authorities are unlikely to give favourable consideration to
giving Spanish citizenship through marriage to the spouse of a
non-Spanish citizen. Not being (or intending to be?) resident in
Britain means that the British authorities are unlikely to give
particularly favourable consideration to British citizenship.

Owain

I would get advice from a Spanish immigration Lawyer. An hour of his/her time 
may cost you somewhat more than two bucks but it will be more reliable
information than comments you find posted on Google Answers.
Mongolia

I think it is more important for you to find out if she as a Russian
citizen, married to a UK citizen, then has autmatic right to residency
in the EU, right to a permanent visa, and with this the right to apply
for residency with you in Spain.
It may be  (I am no expert) that she can become a naturalized UK
citizen based on the marriage, regardless of where you live.
If she can get a visa, this does not necessarily mean that she may
work in Spain, something else to be considered when you talk to a
professional advisor.

Marriage to you as a British citizen would not in any way give her
automatic citizenship.  She would need to have UK residency for three
years as your wife (5 years without marriage) and the ability to
communicate in English as well as good character, etc. before she
would be eligible for UK citizenship.  Here are the requirements of
Spanish citizenship

A continuous stay in Spain for a period of 10 years makes aperson
eligible to apply for Spanish nationality.
However, to whom asylum has been granted a 5year of residence will be required. 
The period of residence may be 1 year those persons: 
who born in Spain, whose parents are foreigners legally residents in Spain. 
Whose spouse is a Spaniard. 
who did not apply for their Spanish nationality within the legal
period established to acquire the Spanish nationality by option.
Who are widowed of a Spanish national, provided that the spouses were
not separated at the time of the spouse's death.
Who are the foreigner, whose father, mother, grandfather or
grandmother were Spanish nationals by birth or residence.


And finally, Hungarian citizenship according to their citizenship act

1) On application, a non-Hungarian citizen may be naturalized if:
a) the person resided in Hungary continuously over a period of eight
years preceding the submission of the application;
b) according to Hungarian law, the person has a clean criminal record,
and at the time of the assessment of the application, there are no
criminal proceedings in progress against him before a Hungarian court;
c) his livelihood and residence are assured in Hungary;
d) his naturalization does not violate the interests of the Republic
of Hungary; and
e) provides proof that he has passed the examination in basic
constitutional studies in the Hungarian language, or that of being
exempted by virtue of this Act.

(2) A non-Hungarian citizen who resided in Hungary continuously over
at least a period of three years preceding the submission of the
application, and if the conditions defined in subsection (1),
paragraphs b) to e) are satisfied may be naturalized on preferential
terms, provided that
a) the person has lived in a valid marriage with a Hungarian citizen
for at least three years, or the marriage has been terminated through
the spouse's death;
b) the person's minor child is a Hungarian citizen;
c) the person has been adopted by a Hungarian citizen, or
d) the person has been recognized as a refugee by a Hungarian authority.

So, the only way that she is going to be able to gain EU citizenship
is by sticking around for a while.  If she doesn't go back to Hungary
for eight years, she is out of luck there.  If she doesn't stay in
Spain for another decade, she is out of luck there.  But if you are
cool with going back to the UK, she can have it in five years or three
if she is interested in marrying you.  So how do I go about getting my
two dollars?

Good research, Soaklord. Citizenship is not so important.  Can she
through marriage to a UK citizen living in Spain, gain the right to a
permanent visa to live in Spain with him?
I would assume that she would for one in the UK, maybe after proof
that she had no criminal record.  If so, then it would be a question
of if Spain favors married couples, one a UK citizen, with EU rights
to reside in Spain, and one a non-EU citizen.

Any ideas?

Your situation is not actually too complex. 

Article 5 of Royal Decree 766/1992 of 26 June 1992 on entry into Spain
and residence in Spain for nationals of Member States of the European
Communities, amended by Royal Decree 737/1995 of 5 May 1995,
stipulates that nationals of Member States of the European Communities
may enter Spanish territory, on presentation of their valid passport
or identity card showing the holder?s nationality. Paragraph 2 refers
to family members; family members who are not nationals of a Member
State of the European Communities must in addition present the
appropriate visa, without prejudice to the provisions of international
Treaties or Conventions. Such visas shall be issued free of charge.

Under EU law, family members (including spouses) of an EU citizen must
have their entry into Spain facilitated. Should they require a visa,
it must be issued to them automatically. The Spanish consular
authorities may only verify whether or not they have the status of a
member of the family of a Community national (e.g. do you have a valid
and subsisting marriage). They may not ask them to provide evidence of
their means of subsistence (e.g. a certificate of employment or bank
statements). They may only refuse to issue a visa on grounds of public
policy, public security or public health.

I am not sure whether it is possible to change status 'in-country',
but if you are married and can prove it, it should be a relatively
straightforward process to obtain a spouse visa from the Spanish
Consulate in Hungary.

Please note that this EU rules does not apply in your home country.
Therefore, you have no right to take your wife to the UK (the
application would be decided at the discretion of British
immigration), but you do have a right under EU law to take your wife
to Spain.

fsdlkas-ga, good synopsis. However, your last comment is incorrect.
The Spanish law is in place to comply with European Law. However, a UK
citizen can rely upon European law to live with a spouse from outside
the EU in the UK. I can explain it (and how to go about doing it), but
it would cost a lot more than $2.