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Case Study: Navigating Complex Immigration Laws for a Pakistani-Spanish Couple

* Disclaimer: At the request of our client, specific details have been anonymized to maintain confidentiality and protect their identity.

Case Type

Pakistani lead wishing to relocate to Spain – Residence Card for Family Members of EU nationals.

Case Background

A Pakistani national reached out to Lexidy after his Spanish partner, who had been acting as an intermediary, visited our Madrid office. Facing persecution in Pakistan due to their same-sex relationship and hindered by repeated visa rejections labeled as ‘risk of no return’ by the Spanish Embassy in Islamabad, the couple was in desperate need of a permanent solution to safely live together in Spain.

Case Strategy

Our strategy was multifaceted, considering both immediate entry options and long-term residency solutions, such as:

  • Portugal Residence Permit: Contacting Lexidy Portugal to explore residency options.
  • Student Visa: Enrolling the client in a qualifying course at the Spanish Embassy in their home country to facilitate a student visa.
  • Tourist Visa for Another EU Country: Attempting to secure a visa from another EU embassy with more lenient Schengen visa requirements, such as Germany or France.

These measures were intended as preliminary steps to applying for a Residence Card for Family Members of EU Citizens in Spain, aiming to leverage marriage or a registered partnership to solidify their status.

After ensuring that neither Spanish nor other European authorities would inform the Pakistani authorities about the potential “family member” status our client’s partner might acquire through marriage or registration, the clients opted for the Residence Card as a Family Member of a Community Citizen (RCFM).

The Spanish partner leveraged his position as an Iberia crew member to initiate a dialogue through social media with a significant diplomatic contact, leading unexpectedly to the issuance of a one-month tourist visa. This critical breakthrough enabled the client to legally enter Spain, albeit under a tight deadline and amidst the holiday season rush, to initiate the residency process.

With only weeks before the visa’s expiration, we acted swiftly to:

  • Register him in the padrón at the local Town Hall where his Spanish partner resided.
  • Apply for registration as domestic partners with local authorities.
  • Prepare and submit the application for the residence permit, including gathering financial proofs, arranging health insurance, managing document translations, and handling bureaucratic formalities.

Case Outcome

The accelerated preparation and strategic navigation of administrative hurdles paid off. Just days before our client’s tourist visa was set to expire on December 31, the application was completed. By January 18, the authorities had granted the client a residence and work permit valid for 5 years. 

Typically, this process can take from 1 to 3 months or more, depending on appointment availability and processing times. However, in this instance, the processing occurred in a smaller town rather than a major city, which often sees longer delays. 

Recognizing the urgency, the client immediately enlisted our services, allowing us to expedite all necessary steps within a remarkably short two-week period. This rapid approval not only secured our client’s legal status in Spain but also exemplified the efficiency and responsiveness of our team under pressure.

Client Testimonial

“Working alongside Cristina has been an excellent experience. I initially contacted her from Pakistan and had a one-on-one meeting in Madrid upon my arrival. She is an exceptional lawyer with extensive expertise in her field. Despite my numerous concerns and questions, she remained remarkably calm and patiently explained everything to me, demonstrating both her exceptional professionalism and personal qualities. 

Thanks to her assistance, I obtained my TRC in Spain. For anyone seeking immigration advice or services, I highly recommend reaching out to her. Cristina, along with Lexidy, offers a comprehensive solution for realizing your European dreams. Many thanks, Cristina and Lexidy, for your invaluable support.”

Reflection

This case illustrates Lexidy’s commitment to overcoming significant legal and logistical challenges through tailored strategies, ensuring our clients can achieve their life goals in safe and legally secure circumstances. The success of this case is a testament to the power of thorough preparation, international collaboration, and legal expertise in navigating complex immigration scenarios.

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