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Rejection of family reunion visa for Non-EU spouse-Spain

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

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russellinspain
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Joined: Sun Dec 08, 2013 3:08 pm

Rejection of family reunion visa for Non-EU spouse-Spain

Post by russellinspain » Sun Dec 08, 2013 6:04 pm

Hi,

My non-EU spouse has just had her family reunion visa rejected by the Spanish consulate in Lagos. I am a British citizen, who has been resident, working and paying tax in Spain for the last 9 years. The reason given for the rejection is that our Nigerian marriage certificate has not been endorsed/certified or registered with my own EU country.

The UK does not register or endorse marriage certificates for commonwealth countries (Nigeria being one), I have even attended the British consulate in Lagos, who will only confirm this verbally, as the information is freely available on the official UK Gov websites.

There is a process for attaining a "certificate of recognition of a marriage outside UK or Spain", which can only be issued inside Spain by the British consulate, for the purpose applying for a residence permit once in Spain.

I have tried without any resolution to get this across to the Spanish consulate in Lagos, but they will not accept that it is impossible, UK regulations do not permit the endorsement of the Nigerian marriage certificate.

They did however collect 300 euros to carry out the legalisation of our marriage certificate and then still reject the visa!!

Does anyone out there know of this situation. I saw an old post going back to 2006 with the same issue....Help!!

We have only 15 days to appeal, which given the obstructive unhelpful, rude, ignorant attitude of the consulate in Lagos, will be a complete waste of time.

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

Post by EUsmileWEallsmile » Sun Dec 08, 2013 7:55 pm

I have no direct experience of Spanish visa applications, but from other forum members, it appears that bureaucracy can get in the way.

A member state is entitled to ask that your marriage certificate is translated and legalised. That's all they are allowed to do.

Appealing may appear to be a waste of time, but if you don't try you won't know.

There is guidance issued to member states applications centres, which can be found below. Read the section on family members of union citizens.

http://ec.europa.eu/home-affairs/polici ... f#zoom=100

the hurricane
Junior Member
Posts: 97
Joined: Tue Dec 14, 2004 9:16 pm

Re: Rejection of family reunion visa for Non-EU spouse-Spain

Post by the hurricane » Mon Dec 09, 2013 2:26 am

russellinspain wrote:Hi,

My non-EU spouse has just had her family reunion visa rejected by the Spanish consulate in Lagos. I am a British citizen, who has been resident, working and paying tax in Spain for the last 9 years. The reason given for the rejection is that our Nigerian marriage certificate has not been endorsed/certified or registered with my own EU country.

The UK does not register or endorse marriage certificates for commonwealth countries (Nigeria being one), I have even attended the British consulate in Lagos, who will only confirm this verbally, as the information is freely available on the official UK Gov websites.

There is a process for attaining a "certificate of recognition of a marriage outside UK or Spain", which can only be issued inside Spain by the British consulate, for the purpose applying for a residence permit once in Spain.

I have tried without any resolution to get this across to the Spanish consulate in Lagos, but they will not accept that it is impossible, UK regulations do not permit the endorsement of the Nigerian marriage certificate.

They did however collect 300 euros to carry out the legalisation of our marriage certificate and then still reject the visa!!

Does anyone out there know of this situation. I saw an old post going back to 2006 with the same issue....Help!!

We have only 15 days to appeal, which given the obstructive unhelpful, rude, ignorant attitude of the consulate in Lagos, will be a complete waste of time.
Sorry to hear your spouse visa was denied. Honestly, I am not really surprised because the staffs at the Spanish consulate in Nigeria are very ignorant, rude, stubborn, and the list goes on.... I don't think you took the right approach, especially when your spouse is from Nigeria. Right now you can pick one of the following alternatives ( depending on how patience you are):

1. You could appeal against the decision whilst you complain to Solvit and the European Commission ( this option can take up to two years).

2. Your wife can apply for short stay visa (type C) as a spouse of EU national at the German Embassy in Lagos. The procedure is very simple you apply with your current marriage certificate, cover letter mentioning that she will join you in Germany, show a proof that you as EU national will be in Germany ( for instance ticket like Ryan air that you will be in Germany, this all to avoid unnecessary complications), a copy of your passport. I am confident that they will issue your wife a visa ( the refusal from the Spanish consulate has no impact on her new application), and once she gets her visa she can travel to Spain to re-apply for family reunion inside the country.

Personally, I'd go for option 2 because it is easier , faster , and less headache. Just bear in mind that the booking system for an appointment with the German consulate in Lagos can be hassle though. Anyway good luck and if you got more questions just ask ( I've helped few people in Lagos with similar problem like you)

dexter0
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Posts: 5
Joined: Sat Mar 05, 2016 7:05 pm

Re: Rejection of family reunion visa for Non-EU spouse-Spain

Post by dexter0 » Sat Mar 05, 2016 7:15 pm

@hurracane: Please I would like to know if your suggestion above would still work today? And please I need your assistance. You mentioned you have helped so many in Lagos. What about in Abuja? Can you still help me out?

noajthan
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Location: UK

Re: Rejection of family reunion visa for Non-EU spouse-Spain

Post by noajthan » Sat Mar 05, 2016 7:48 pm

dexter0 wrote:@hurracane: Please I would like to know if your suggestion above would still work today? And please I need your assistance. You mentioned you have helped so many in Lagos. What about in Abuja? Can you still help me out?
You are tagging onto a thread that is over 2 years old!
Suggest open a new topic with your own question.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

dexter0
- thin ice -
Posts: 5
Joined: Sat Mar 05, 2016 7:05 pm

Re: Rejection of family reunion visa for Non-EU spouse-Spain

Post by dexter0 » Sat Mar 05, 2016 7:52 pm

Thanks Moderator for the advice

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