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Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Catchfriday
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Advice required

Post by Catchfriday » Sat Jul 27, 2019 8:50 pm

I have met my fiancée in Spain, and she is a Filipina who overstayed her Schengen visa, and I am taking the steps to marrying her in Spain. The documents that they are asking me like the non impediment certificate apostilled are driving me nuts, as it’s taking an arm and a leg to do the simplest things.

I could just get her to return to the Philippines and apply for the fiancé visa, but since she has overstayed the Schengen they could refuse. Equally I could marry her in the Philippines but would I then have problems to bring her into the UK?

I am a dual national citizen and hold a British / French passport. I am retired and meet the income requirement.

Please advise.

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seagul
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Re: Advice required

Post by seagul » Sat Jul 27, 2019 8:59 pm

Catchfriday wrote:
Sat Jul 27, 2019 8:50 pm
. Equally I could marry her in the Philippines but would I then have problems to bring her into the UK?
Better and economical option. If she declare it honestly on application then maybe no issue arise.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

secret.simon
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Re: Advice required

Post by secret.simon » Sat Jul 27, 2019 9:55 pm

Catchfriday wrote:
Sat Jul 27, 2019 8:50 pm
I am a dual national citizen and hold a British / French passport.
When and how did you acquire your British citizenship?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: Advice required

Post by Casa » Sat Jul 27, 2019 10:35 pm

As an aside to secret.simon's question regarding your British citizenship, you should be aware that marrying in Spain (by personal experience) is subject to long and drawn out bureaucracy, with requirements varying depending on the Province.

Generally, one of you must be legally resident in Spain for the last 2 years and both required to submit a Spanish Town Hall Registration Certificate (Certificado de Empadronamiento or “Padrón”), which I assume won't be possible if your fiancee has no legal status in the country.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Catchfriday
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Re: Advice required

Post by Catchfriday » Sat Jul 27, 2019 11:16 pm

I am an Englishman and have lived in the UK for much of my life.

Catchfriday
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Re: Advice required

Post by Catchfriday » Sat Jul 27, 2019 11:17 pm

I hired a lawyer in Spain and have acquired Spanish residency

Catchfriday
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Re: Advice required

Post by Catchfriday » Sat Jul 27, 2019 11:19 pm

It has been suggested that once we marry she will acquire Spanish residency as I am an EU citizen.

jrmaciel
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Re: Advice required

Post by jrmaciel » Sun Jul 28, 2019 1:09 pm

If I understood well, I'd suggest that regardless of where you get married she could still apply as a family member of an EEA citizen.
It's also cheaper than the spouse of a British citizen and valid for 5 years.
Hope it all goes smoothly for you.

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seagul
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Re: Advice required

Post by seagul » Sun Jul 28, 2019 3:40 pm

Maybe now your query become more suitable to EU thread. But if you have plan to use EU route for UK then keep an eye on Brexit news which is imminent on 31st October even without any deal.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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