Post
by liksah » Mon Sep 14, 2015 7:38 am
The situation now sounds more complicated than you earlier mentioned.
Spain *should* recognize a foreign marriage even if it's not registered in Italy especially if a discriminatory Italian law doesn't allow you to officially register it there. But that's just the right thing to do and not necessarily what the law says.
Your case seems quite complex and honestly if you were to take it to court you'd probably be given the right to live and work in Spain with your spouse since Spain DOES recognize same sex marriage.
Since you're in touch with a Spanish immigration lawyer, why not work it out with the professional? Getting to Spain is no problem for an Australian citizen, all you need to do is apply for residence based on your marriage (with the Brazilian documents) and if they ask why you cannot provide an Italian registration it's fairly easy to explain that with documentation.
Like you said, the directive rules are very clear on who has these rights.