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Confused about how to register my non-EU spouse in Spain

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ComatosePen
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Joined: Sat Mar 07, 2015 10:28 am

Confused about how to register my non-EU spouse in Spain

Post by ComatosePen » Sun Mar 08, 2015 3:50 am

I'm a UK citizen. Assuming that I exercise my Treaty Rights in Spain by working there for 3 months and get residency, I believed I could register a non-EU spouse as a resident on the grounds of their being my family member under the EU Free Movement laws. This site says this is pretty much all that should be required:
"To obtain a residence card, [the non-EU spouse] will need:
- a valid passport
- your registration certificate as an EU national or any other proof of your residence in the country
- proof of the family relationship with you (such as a marriage or birth certificate)
No other documents may be requested."
--- http://europa.eu/youreurope/citizens/re ... dex_en.htm
But this other website makes it look a lot more complicated:
"The first thing you [the non EU-spouse] have to do is register your marriage with the EU country where your spouse is from. This can’t be done at an embassy it has to be sent to the actual county and it will require your spouse’s birth certificate, your birth certificate with an Apostil stamp along with copies of both your passports.

Next step is to register you and your spouse with City Hall. This is called Empadronamiento. Basically all you need for this is your passport or ID card as well as a bill or bank statement with your home address on it.

What you should then do, or even prior, as it takes a few weeks to get an appointment, is go to this web site http://www.mpr.es and make an appointment with “Servicio de Cita Previa.” Select, “Residence Permit For Relatives of EU Nationals” (tarjeta de residencia de familiar de ciudadano de la Unión) and go to the Oficina de Extranjeros located at: c/Murcia 42. The documents you should have include…and take note: ALWAYS bring at least 3 photocopies of each document you have:

Your spouse’s NIE document
Both Passports
Work contract if you have one
A completed EX16 form
2 copies of both you and your spouse’s passports
The marriage certificate from your EU spouse’s country
A copy of both of your registrations with City Hall (Empadronamientos)
Three passport-sized photographs in color"
-- http://www.spainexpat.com/spain/informa ... -in-spain/
I feel confused by all this. Would the requirements from the second website not apply to me and my spouse if I'm exercising my treaty rights in Spain? Or am I missing something? And if I have to do all those things, why would it be necessary to register our marriage in the UK, if we don't plan to live there at all? We are thinking of marrying in Denmark, but I would think it shouldn't matter where the marriage certificate is from, as long as it's valid and certified/translated, and basically just shows I'm an EU citizen married to a non-EU spouse. And what is an EX16 form?

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