Non-EU Marriage Certificate acceptance in Spain for UK nat

[Sufcmad16]

Dear all,

I've done countless hours of research and hours looking for an answer to my questions from other's posts on this forum but my case is very specific. If someone has got experience or even information on what is the correct process, then it would be greatly appreciated.

I am a UK national and currently living in the UK. My wife is Non-EU (Argentinian)and currently living in
Argentina. Our goal is to move to Spain and live/work together there together exercising my EU rights.

I am going to go to Spain very soon and once I acquire a job and receive my NIE, I will be ready for my wife to come and join me under my EU rights of movement as my rights extend to my spouse. My non-EU spouse will be allowed to join me in Europe and within the first three months she will have to apply for an EU national family member card. As far as I know she may/will be asked to produce proof of the family tie and hence our marriage certificate at arrival into the country or/and when applying for the EU national family card. This is where the confusion starts!

We got married in Argentina nearly one year ago(our marriage certificate is from Argentina and therefore already in Spanish and is certified, legalised and has the haya apostille (hague convention), all done in Argentina. The worrying this is that we have been told conflicting things by the Spanish Consulates in the UK and Argentina with regards to the state of the marriage certificate. After a little research I know that the UK does not register overseas marriage anymore):

1. I phoned the Spanish consulate in London on 08/02/16, spoke to a representative and he told me that as long as my wife arrives with the marriage ceritificate AS IT IS in its current form with no additional stamps, legalisations etc, then it will be fine as it has the apostille attached (hague convention).

2. My wife today went to the Spanish Embassy in Argentina (10/02/16) and a representative told her that the marriage certificate is required to be registered/valid in the UK. My wife told the representative that the UK doesn't register overseas marriages anymore and so this would be impossible and the response she received was to either, go and get married in the UK (which for me is a ludicrous piece of advise) OR to get an official UK governmental document which they could accept that states this fact.

I must say that I am confused and actually worried as I do not know if my wife will be accepted into Spain with the current marriage certificate. Does anybody have any personal experience entering Spain or another EU country with a marriage certificate obtained in a non-EU country? Do I need a document from the UK government to states that they don't register marriages and that all overseas marriages are valid?

Any info/experiences would be fantastic.

Thank you all.

Sufcmad16

[CR001]

If the marriage is recognised in Argentina it will be recognised in the UK (for example, my South African Marriage cert was accepted for all visa/citizenship processes).

You will however need an official English translation if the aim is to return to the UK.

[Sufcmad16]

If the marriage is recognised in Argentina it will be recognised in the UK (for example, my South African Marriage cert was accepted for all visa/citizenship processes).

You will however need an official English translation if the aim is to return to the UK.

Thank you for your response.

The aim is to live and work in Spain. I'm not even thinking about that process yet!! From one of your previous posts:

1. How strict are the embassies (at least the Czech embassy) on this? Not sure about Czech embassy, but the Spanish embassy refused to accept my marriage certificate because it had not been certified and Apostilled in terms of the Hague Convention by the authorities in my home country. My embassy in London refused to do and said it can only be done by the issuing authorities head office in home country.

2. Anyone know how this might be possible in the UK, to certify it here? Probably not, see above

3. Can my wife apply for the visa as a non spouse? We are happy to pay for the fee. Yes she can, I did this option for Spain as a general tourist and submitted the paperwork asked for. Easier option tbh

3. And if so, what's the likelihood of her getting visa? If her paperwork and funds are in order, should not be an issue at all in getting the visa.

From your previous post it looks like the Spain refused your marriage certificate. Did you reapply, if so what did you do and was it eventually accepted?

Sufcmad16

[noajthan]

Not sure if this helps - note comment about certificates being less than 3 months old

http://www.immigrationboards.com/europe ... 27034.html

& this post has a Spanish 'hotline' to call for such matters:
http://www.immigrationboards.com/europe ... 94231.html

[CR001]

My marriage cert is not apostilled for the free Schengen visa for spouse's of British citizens but it is accepted and I did use it to apply for the paid Schengen visa, my UK spouse visa, ILR and British citizenship.

Your marriage does not need to be registered in the UK to be valid.

[Sufcmad16]

My marriage cert is not apostilled for the free Schengen visa for spouse's of British citizens but it is accepted and I did use it to apply for the paid Schengen visa, my UK spouse visa, ILR and British citizenship.

Your marriage does not need to be registered in the UK to be valid.

CR001 - Where did you get married? I understand that the marriage doesn't have to be registered in the UK to be valid, it is just that the Spanish authorities don't seem to realise this. For UK and Schengen visas your certificate was okay but I wonder if it would have been accepted by the Spanish Authorities either at direct entry or for application of Family Card!

If my wife is coming to Spain to join me and therefore exercising my EU rights, will she need to prove the marriage on entry to the country (as Argentinian she doesn't need to apply for a visa beforehand and on-entry should be granted 90 days) or only when she applies for the EU Family Member Card when we go to the police office in Spain to register?

[CR001]

I got married in South Africa and have never had a problem. My husband is British and we never had to register the marriage here either.

[manicminer]

Search on Google for "Informative Note on Marriage". A number of UK Embassies supply this paper for what you require.

The UK Embassy in Spain also has specific information under Notarial Services. Look there and you will find info on foreign marriage recognition and contact email address for those having problems getting a visa outside of Spain.

[manicminer]

https://www.gov.uk/guidance/notarial-an ... ecognition