Family reunion in Spain.
Convention & # 8220; DUBLIN & # 8221;
You can not choose the country where you wish to apply for asylum. In accordance with the regulations, you can apply for refugee status only in one of the participating countries. As a rule, this is the first country you enter. In practice, this means that any subsequent country in which you seek refugee status will return you to the original country. This can be the case if:
� Your fingerprints were taken in another country (and stored in a pan-European database;
� You acknowledge that you were or were passing through another country, even if there were no fingerprints;
� It can be somehow proven that you were or were passing through another country;
� You have previously been issued a visa for entry into one of the EU countries;
� You tell the authorities that you have relatives in another European country.
On the other hand, if your spouse, spouse or child is a seeker of refugee status or have recognized refugee status in another participating country, you can file a request for asylum in that country only on your own. If you are a minor, accompanied by an adult, the asylum application is filed in the participating country where your parents or one of your parents live.
Article 3.4 of the Rules of Dublin & # 8221;
The asylum seeker must be informed in writing of the understanding of the application of this regulation, its time frame and consequences. Regulations & # 8220; Dublin & # 8221; operates in the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
The procedure for taking responsibility.
When one of the member countries is responsible according to the criteria of the regulations, this country is asked to assume responsibility for you and to consider your application.
Appeal against a negative decision.
If you do not agree with the decision on transfer, you can appeal to the National Court of Appeal within 2 months. The Spanish authorities do not practice transfer within the framework of the Dublin regulations. You will be asked to leave the country within 15 days, but you can remain in Spain without obtaining any permission and will be illegally in Spain, after having the opportunity to legalize your stay in Spain for a settled settlement .e. after 3 years of illegal residence in Spain.
Family reunion in Spain.
Family reunification in Spain is one way of obtaining a residence permit in Spain for foreigners – family members of Spanish citizens, as well as members of the family of foreign nationals who have been living in Spain for over a year.
Procedure for obtaining a residence permit in Spain through family reunification:
1. In case of family reunification between foreign citizens in Spain, the procedure for obtaining a residence permit consists of three stages:
& # 8211; In Spain. A foreign citizen residing in Spain who has the right to initiate the process of family reunification must obtain permission to reunite the family;
& # 8211; In Ukraine. Within 2 months of the notification of the reuniting person on the issue of the permit, the reunited person must file documents for a resident visa at the consulate in Ukraine;
& # 8211; In Spain. After receiving a positive response from the consulate, the reunited must enter Spain and request a resident card within 1 month.
It is worth noting that obtaining permission to reunite the family in Spain does not guarantee a positive decision in the case in Ukraine. One stage does not depend on the other.
2. When reuniting a family with a Spanish national, obtaining a prior authorization for family reunification is not required. However, the reuniting citizen of Spain must formalize the consent for the relocation of the person concerned to him for permanent residence. In the case of the reunification of children or parents – a statement issued from a Spanish notary about the consent to move the applicant to the reuniting person.
Documents required to obtain a residence permit through family reunification Between foreign nationals:
1. Documents required for obtaining permission for family reunification, which is issued in Spain. The documents are submitted by the reuniting to the migration authorities at the place of his residence in Spain.
& # 8211; Application in the form of EX-02 in duplicate, signed by a reuniting person;
& # 8211; A photocopy of all pages of a valid passport that is reunited and reconnected;
& # 8211; Certificate of local authorities confirming the availability of reuniting housing in Spain, meeting all the requirements;
& # 8211; Certificate of residence with indication of all residents;
& # 8211; Copies of documents confirming the existence of family ties. For reunification with the spouse Affidavit statement that the reuniting is not married and does not permanently reside with another couple in Spain, confirmation of divorce, if it is not a first marriage. For reunification with children Documents confirming the presence of parental rights (birth certificate, court decision, etc.). If we are talking about adult children, the confirmation that they can not support themselves. If we are talking about adopted children, then a decision on adoption is necessary. To reunite with parents, it is necessary to confirm the transfer of funds to parents for at least 12 months before the application is submitted.
Documents confirming the possibility of moving to Spain & # 8211; The health insurance policy for reunited family members, as well as documents confirming the availability of sufficient funds for the maintenance of reunited family members.
If the reunioner is employed:
1. labor contract, confirmation of payment of wages for the last 6 months;
2. The latest income declaration;
If the reuniting is registered as an individual entrepreneur:
1. Documents confirming registration as an IP in the tax authorities;
2. Quarterly income declarations (models 130 or 131);
3. The latest annual income declaration;
If the reunion does not work in Spain:
1. Any bank documents confirming the availability and stable receipt of funds from abroad. Account statements from bank accounts, bank checks, credit cards, etc.
Documents required to obtain a resident visa in Ukraine.
They are sent by a reunited person to the consulate of Spain.
� Two copies of the application for a national visa, completed in Spanish, signed by the person for whom the visa is requested;
� two fresh pictures 3,5�4,5 color, on a white background, without a smile, without glasses, forehead and ears are open;
� a foreign passport with a validity period of at least 4 months;
a certificate on the absence of a criminal record issued not earlier than 3 months before applying for a visa by the competent authority of the countries where the applicant lived for 5 years preceding the application (only for adults). A fresh medical certificate issued not earlier than 3 months before applying for a visa. The certificate should contain the following or similar wording: “We hereby certify that Mrs. / Mrs. ______ does not suffer from diseases that may harm the health of people, as stipulated in the International Sanitation Regulations of 2005.” # 8221; . You need to submit this help with an uncommitted copy.
The permission to reunite the family, received by a relative in Spain.
� Original documents confirming kinship with the reuniting person, and, as appropriate, age and economic dependence on the reuniting person.
� A photocopy of the reincarnation person’s residence card in Spain.
� For minors & # 8211; notarial permission to move to Spain for permanent residence from a parent who does not participate in the family reunification.
� If children have only one parent, documents confirming that only one parent has parental rights.