can an illeagal immigrant get married in Spain?

[ck4137]

My girlfriend is Mongolian and she stays in Spain illeagally.I am Potuguese.Now we want to get married,but my friend said we can't get married because my girlfriend's not having leagal immigration status.Does anybody have experience on it?

[Ben]

My girlfriend is Mongolian and she stays in Spain illeagally.I am Potuguese.Now we want to get married,but my friend said we can't get married because my girlfriend's not having leagal immigration status.Does anybody have experience on it?

No experience but found these links:

http://marriage.about.com/cs/marriageli ... /spain.htm
http://www.andalucia.com/law/marriage/home.htm

Looks like illegal residents cannot get married in Spain.

How long have you been together? More than 2 years? I've you've lived together for at least 2 years you are legally allowed to move to Portugal together. Stay a couple of days then move back to Spain, legally, without getting married.

If you've been together for less than 2 years, forget the above. If you can make it to Portugal though, you may be able to marry there. http://marriage.about.com/od/internatio ... rtugal.htm

[brownbonno]

Got this information from another forum-http://www.spainexpat.com/spain/forum/viewthread/2791/

First it wasn’t nearly as confusing or as slow as it seemed it would be so take heart Although, it does take time and you get to see a lot of the city…
Second, for non-EU family members of EU citizens it’s one form for both NIE & Tarjeta de residencia.

Our situation is: I’m from Australia and married a Spaniard, here in Spain, this year. (My 90 day Schengen visa had already expired and I was advised by a lawyer this was not a problem once we submitted the marriage papers as long as I didn’t travel).

Step one was to make an appointment with the Oficina de Extranjeria. I got one (in Barcelona) for about a week after the wedding.
Note:
1) you can’t request the appointment until after you are actually married
2) get there early as you have to take a number in order to wait to take a 2nd number in order to have your appointment (!!)
3) make at least two copies of everything
4) The office in Barcelona has moved to C/ Murcia 42 (Metro Navas)

I had to present the following:
- a completed EX-16 form (Solicitud de Certificado de registro como residente comunitaria o Tarjeta de residencia de familiar de ciudadano de la Union) + copies
- Libro de Familia + copy
- my passport + copy
- my husband’s ORIGINAL DNI card + copy
- my certificado de empadronamiento
Note: Before going we were told we needed our literal marriage certificate (Certificado literal de matrimonio) but I hadn’t received that yet and it wasn’t a problem.

At the Oficina de Extranjeria they stamped my EX-16 form and gave me a letter stating a date after which I could go to the Comisaria de Policia. The date was approximately one month later.

Step two at the Policia I had to present:
- the letter from the Oficina de Extranjeria
- my stamped EX-16
- my passport
- 2 passport photos
- my certificado de empadronamiento (this needs to be less than 3 months old)

They take your fingerprints and give you a “Resguardoâ€