ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

SOUTH AFRICAN LIVING IN GIBRALTAR

Immigration to European countries, don't post UK or Ireland related topics!

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

Locked
Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

SOUTH AFRICAN LIVING IN GIBRALTAR

Post by Porsh » Fri Oct 28, 2011 6:18 pm

Hi everyone,
Im a south african living and working in Gibraltar,married to a British citizen,my husband lives in Spain,now i have a problem of getting a Spanish visa,as in Gibraltar there is no Spanish embassy.I read somewhere that in London only UK residents can apply for the visa there.
Is there anyone who is in a similar situation of crossing the boarder?A friend of mine said she uses her marriage certificate to cross over,is there any one who has done this before and was let in to Spain?
Any kind of information will be appreciated

Kind regards

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Oct 28, 2011 6:42 pm

Under EEA rules, you should be able to enter Spain with your partner using a marriage cert. However, you can't use the marriage cert. by itself and travel alone; for this to work your partner must be accompanying you. Otherwise you will have to apply for a Schengen visa (it will be free of charge) to join your EEA partner who is exercising treaty rights in Spain.

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

SOUTH AFRICAN LIVING IN GIBRALTAR

Post by Porsh » Fri Oct 28, 2011 7:26 pm

Thank-you very much for the reply,i really appreciate that.Do u know if I can get a Spanish visa from London though I dont live there?Here in Gibraltar we dont have a Spanish embassy and if I use Italian consulate Im sure to be charged,and in London it only takes few days to a week maximum,from what I've heard.
thanx again

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Oct 28, 2011 7:40 pm

You should be able to get a Schengen visa from the Spanish consulate in London (but Spain is notoriously difficult in these matters so wait for more comments) and surely you would first need a visit visa to enter the UK and then wait there for it to be emitted. Is this less onerous than you wife simply flying or driving down to Gib to take you over the border? You can't use the Italian consulate to get a Schengen visa if you are not intending to go to Italy first of for the majority of your Schengen entry (and yes it would be charged if your wife is not in Italy or going there with you)

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

SOUTH AFRICAN LIVING IN GIBRALTAR

Post by Porsh » Fri Oct 28, 2011 7:48 pm

the problem we both work in Gibraltar,10 minutes from the boarder(walking)and we work different hours,which is why it will be easy for me to have a visa,and then start applying for residence there in Spain,they say i will need a proof of legally entering spain in one of the pages on my passport to start any application process,but for now I think i'll be using our marriage certificate to go in and out until we arrange with work to go to London and try for the visa.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Oct 29, 2011 2:49 am

Here is a link to entering without a required visa: http://eumovement.wordpress.com/2010/08 ... to-travel/ Key is that you both enter together and that you have your marriage certificate. Key to this all is the ECJs MRAX decision.

MRAX also talks about then applying for a Residence Card (in that time it was called a "residence permit"), without having the required visa:
Operative part
...
2. On a proper construction of Article 4 of Directive 68/360 and Article 6 of Directive 73/148, a Member State is not permitted to refuse issue of a residence permit and to issue an expulsion order against a third country national who is able to furnish proof of his identity and of his marriage to a national of a Member State on the sole ground that he has entered the territory of the Member State concerned unlawfully.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sat Oct 29, 2011 4:26 pm

Where did you get married?

Spain expects foreign documents to be legalised before they are accepted by the Spanish authorities.

http://www.maec.es/subwebs/Consulados/L ... vices.aspx

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

Post by Porsh » Mon Oct 31, 2011 10:07 am

Hi,
we got married in Gibraltar

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

Post by Porsh » Mon Oct 31, 2011 10:21 am

thank-you all for the replies,this gives me hope,just to know that I'm not alone,it is really draining all the energy just thinking what to do next and who can help,as for me its not good at all to be frustrated as im also 5months pregnant..but i hope with aal the links and information i got from here i'll have a way forward than the darkness we were in before

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Post by ca.funke » Mon Oct 31, 2011 11:07 am

Hi Porsh,

there is no need to get a Visa first.

I was in the same scenario like you, just replace "Gibraltar" with "Ireland", and we wanted to move to Belgium, not Spain.

So we entered Schengen(France) with our marriage-cert, and later just showed up in the Municipality in Belgium, where we got registered without further trouble...

...this should also work in Spain, if they don´t do it by themselves you might have to go through a lawyer. But it´s lawful to do so, Spain cannot refuse you as long as you´re married to an EU-citizen.

As you mention: You need to enter Spain lawfully in order to be allowed to apply. Entering with your husband with the marriagecertificate is lawful. The fact that your passport isn´t stamped doesn´t change this fact.

Let us know how it goes!
Rgds and good luck,
Christian

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Oct 31, 2011 11:12 am

I agree with ca.funke! You are entering lawfully. (But even if you were not entering lawfully, you could still get a Residence Card!)

Remember that you and your husband have a right of free movement in the EU, and that includes Spain. You have a very strong right to be with him.

Specifically the MRAX case gives you the right to enter Spain with your husband. It does NOT mean that Spanish immigration employees have to be polite and pleasant, but they do need to let you in.

If I were doing the entry, I would:
- enter Spain on a weekday in the morning (this allows them to easily consult their superiors in ??? and means you are well rested)
- make sure you have food and water with you in case it takes a few hours (very unlikely but better to be well prepared, rather than depend on their generosity)
- ideally have the phone number of a good Spanish immigration lawyer who is familiar with the MRAX case and who you can call if needed
- be sure you have several copies of MRAX printed off in Spanish
- be sure to repeatedly make clear to each new immigration officer that joins the conversation the facts of the case:
- your husband is an EU citizen who is working in Spain
- you are the married spouse of that EU citizen and have your marriage certificate as proof of that relationship
- you to do not have a visa, but are entering on the basis of the European Court of Justice's MRAX decision

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

Post by Porsh » Mon Oct 31, 2011 11:19 am

Hi ca.funki

Thank-you again,it gives me a lot of confidence now,yes i have printed copies in Spanish and English with me all the time.I will sure let u know how evreything goes,i'll keep an update..
thanks again.

kind regards

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Tue Nov 01, 2011 8:46 pm

Please see FCO advice on foreign marriage certificates in Spain. Like I said, they expect them to be legalised.

http://ukinspain.fco.gov.uk/en/help-for ... n-marriage

BTW, before people get all worked up about Spain, Gibraltar does not appear to be very friendly to family members of EU citizens either.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Nov 01, 2011 11:49 pm

EUsmileWEallsmile wrote:BTW, before people get all worked up about Spain, Gibraltar does not appear to be very friendly to family members of EU citizens either.
Love to have more details. It would likely be best to start a new thread.

Just because Spain does some of these things very badly or even illegally does not mean that other places do not also do things badly! But Spain is particularly bad, again and again and again. So no wonder people have bad stories and get worked up about it!

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

DOCUMENT TRANSLATION

Post by Porsh » Tue Mar 06, 2012 11:20 am

Hi,
I managed to get a 3 months visa for Spain,and i went and applied for Residencia,now i have to get my marriage certificate translated into Spanish as we got married in Gibraltar.Do you know any translators please,as i have to submit my application before my visa expires.
Thank-you

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: DOCUMENT TRANSLATION

Post by ca.funke » Tue Mar 06, 2012 11:29 am

Porsh wrote:...Do you know any translators please...
I recently came across this cool website >>called Google<<, or am I missing part of the question?

General thing: Considering you first posted End-of-October, and it´s now March, you shouldn´t leave such things to the last minute, I guess.

Hope you´re enjoying Spain by now?! Please give us feedback on how things go for you!

Rgds, Christian

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

Post by Porsh » Tue Mar 06, 2012 12:29 pm

i know Google,been on Google,but its not giving me what i want thats why i'm asking here incase someone's used one or been in the same situation as mine

Porsh
Newly Registered
Posts: 11
Joined: Fri Oct 28, 2011 6:09 pm
Location: Gibraltar

Post by Porsh » Wed Jan 02, 2013 12:31 pm

Hi

Last time i was here i was asking about getting a visa,I'd like to share my journey into getting residency incase anyone else will need to apply for one and say thank-you for ur help.
After getting married it was still difficult to get in Spain as i lived in Gibraltar,I always had to carry my marriage certificate and every piece of paper i have,until one day we were told i need a visa to go in even if I'm married to a British citizen,I had to get a visa,but after getting a visa everything went well and simple,just went to the office and registered my address first and then took that to the Policia Nacional and that's when all the residency process started,it takes 6 months to get the card,but they gave me something saying I'm waiting for my card which helped me crossing in and out of the boarder.
If anyone is in the same situation as i was,best u just go for the visa and start the residency application as soon as u get ur visa,I had 3 months on my visa but it was ok because i had something saying I'm waiting for the card.

Locked