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Thank you, but my question isn't whether he needs a residency card to marry, we know he doesn't. My question is if he needs to apply for a residency card AFTER we marry to apply for Family Permit to go to the UK.amazighman wrote:if you are living in spain right now, you can go to any municipality,or town hall, where marriages are taking place officially,and u can ask them if your fiance needs a residecy card in order to marry or no, very easy
As you have already stated, he is presently illegal in Spain. To legalize his stay in Spain subsequent to your marriage and to prove his legal status in Spain for the purpose of EEA family permit, I believe he will need to apply for a residence card.Where to apply - the policy wrote:Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.
You might find some answers here:Laura721 wrote:Thanks. But I guess he needs this if he is staying for over 3 months, and when we marry we will not be staying much longer... Maybe we can try for the FP and if application not accepted we can apply for the residency card?
This is not correct, i think. Since the Metock Judgement, it is no longer a requirement , that a non-EEA family member/ spouse of an EEA national or a British national returning home after exercising treaty rights in an economic capacity, to show evidence of lawful residence in another member state to obtain an EEA family permit.sushdmehta wrote:As you have already stated, he is presently illegal in Spain. To legalize his stay in Spain subsequent to your marriage and to prove his legal status in Spain for the purpose of EEA family permit, I believe he will need to apply for a residence card.Where to apply - the policy wrote:Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.
Please wait for others to confirm / correct me.
As soon as the marriage happens, and so long as it is not a "marriage of convenience" (solely for immigration purposes) then the non-EU family member is instantly "legalized". You can apply for a Residence Card as a form of documentation of the situation, but that does not change the status of the person involved.sushdmehta wrote:As you have already stated, he is presently illegal in Spain. To legalize his stay in Spain subsequent to your marriage and to prove his legal status in Spain for the purpose of EEA family permit, I believe he will need to apply for a residence card.
Please wait for others to confirm / correct me.
If you are planning to move to the UK, then why even bother with the Spanish application?Laura721 wrote:What do you feel about Spain potentially not recognizing our application as they have in the past failed to recognize a British person in Spain exercising treaty rights? Surely this is not allowed?
There are actually two parallel issues.Obie wrote:This is not correct, i think. Since the Metock Judgement, it is no longer a requirement , that a non-EEA family member/ spouse of an EEA national or a British national returning home after exercising treaty rights in an economic capacity, to show evidence of lawful residence in another member state to obtain an EEA family permit.sushdmehta wrote:As you have already stated, he is presently illegal in Spain. To legalize his stay in Spain subsequent to your marriage and to prove his legal status in Spain for the purpose of EEA family permit, I believe he will need to apply for a residence card.Where to apply - the policy wrote:Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.
Please wait for others to confirm / correct me.
You have to be very careful with the details of what you read in some of the threads.Laura721 wrote:I am sure I read it somewhere a on a couple of threads! Maybe they did not show they were exercising treaty rights well enough... I have been working in Spain since August and have all of my monthly payslips...