Thread: Need urgent advice....about separation

Hi all,
This is my first post here. We came to live here in Spain, husband and three years old girl, about 10 months ago....but I can't take it any longer! Spain is not for me. I had it with everything (noisy neighbours, barking dogs at night, house too cold, the language, the people, you name it, but the worse of all is no having an income! I'm desperate, I need to back to the UK to hopefully regain my old job. But here my question.

My husband is hesitant to go back mainly because we came here with his senior mother who invested in the house we bought and she has no problem living here (she has a nice income from pension and investment so no problem for her). When we came we (my little daughter and I) never bother to have an INE (residence card?) My husband did bother, so he has one. We just went to the Ayutnaminto to obtain a Patron (I think that how they call it).

So, if I return to the UK with my little one, will I have problems? As far I understand, myself and daughter are not officially resident in this country. Are we? We just has been here watching the months pass by and hating every moment (I came here against my will)

Please advice me. Where can i go to find out all I need to know in order I dont loose my daughter.

Thanks for every post

Jane

Hello, I am very sorry you are not at all happy here in Spain. I am also sorry I can offer you no help to finding the answers you need. 10 months is not very long, but long enough if you really do not want to be here.

From what I believe there is no residency card, residency is something that happens after you have been in the Spain 183 ( the total time spent in one year here ) makes you resident. If you have empadroned then you have declared you are resident. I think you have to un empadron yourself by going back to the ayuntamienta and ask to reverse the process.

Hi Jane,

I'm also sorry to hear about your situation.

However, it appears you have several issues and it's not quite clear that everything is related.

So, if I return to the UK with my little one, will I have problems? As far I understand, myself and daughter are not officially resident in this country. Are we? We just has been here watching the months pass by and hating every moment (I came here against my will)

Are you separating from your partner and thus looking to move back to the UK or are you fed up with Spain because you have no income and thus looking to move back? Or is your issue related to marriage, separation and guardianship of your daughter?

If you have empadroned then you have declared you are resident. I think you have to un empadron yourself by going back to the ayuntamiento and ask to reverse the process.[/QUOTE]

As you are a British Citizen and hold a current British Passport, you can return to the UK at any time.

If you have only been here ten months and haven't applied for a residencia certificate, you should be able to return to the UK without any problem. The padron is not a declaration of residency.. I know of friends who have holiday properties and only come a few times a year, but are on the Padron. You can cancel that through your local town hall. If you have informed the UK health authority that you have moved to Spain, you will need to inform them that you have returned.

The law is that you are deemed to be a resident in Spain when you live in the country for more than 183 days in any one year. To prove non-residency you may need to prove new residency in the UK (in this case) but it should do no harm to tell the Spanish authorities in advance of the proposed change.

I´m sorry you´ve had such a terrible time here in Spain. But it looks like you´re frustration doesn´t just come from living here. I sense you are having serious marital problems added to your dislike for the country. It´s too bad you didn´t know about the work I do, maybe I could have helped your family adapt and try to spare you from this much greif and conflicts. That is exactly what I do..."Cross-Culture Adaptation Tecniques", couples therapy, etc.
Being from the UK ( and thus an EU citizen), you will not have any problems going back, but it seems you are also asking about taking your daughter away from her father, ?
In that case, you could be facing legal problems if he does not agree to her leaving, if he doesn´t mind though, he should put it in writing. Even if you are not divorcing, your husband has to give permission to take the child out of the country... you need a family lawyer´s help.

I asume you´re still having problems with your situation... but really, If you´re a UK citizen there is no problem going home again. Pick up your passport and things and your child and LEAVE! The REAL PROBLEM is taking your daughter way from the father! He can give you trouble with this because he also has a say so regarding where the child lives. SO, GET A LAWYER AND GET FULL COSTODY OF YOUR CHILD! That´s the only thing you can do to comply with legality. Hope you work things out!