Visa for UK - Married in Spain, advice please!

[Laura721]

Hi all,

This is my first post here so very new to this, please bear with me

I'm British and getting married next month to a Non EU citizen (from Albania) in Madrid, Spain. We are living here together and have been since June, although we have been together for 7 years approximately, although he has never been in the UK. I am currently working here and he is going to be having a knee operation soon.

After marriage here in Spain I want to apply so that I can move back to the UK with him. What would be the best way to do this? What are my chances? We have a place to live there, and I am hoping I can ask one of his cousins in London (British Citizen) with own business to offer him a job officially, would this make things better? I just want to live in my own country with my husband!!!!

Awaiting any feedback...
Thank you

[geriatrix]

I'm British and getting married next month to a Non EU citizen (from Albania) in Madrid, Spain. We are living here together and have been since June, although we have been together for 7 years approximately, although he has never been in the UK. I am currently working here

See EEA family permit.

[Laura721]

Thank you, this is the route we wish to take however I want to know if we can get married in Spain even though my fiance has a previous criminal record for marijuana drug possession in the dearly beloved, corrupt country that is Greece!

Anyone know?

[Casa]

You mention that he has never been to the UK. Has he ever been refused entry to the UK which would remain on record? Did the charge for drug possession involve a prison sentence?
Is your fiance in Spain legally and if so, does he hold a resident's permit?..NIE number?

[Laura721]

Yes, he did try to attempt to get into the UK a couple of years ago. And he was given a prison sentence by the dearly beloved and corrupt Greek authorities, which my lawyer says will be taken into account in both cases, marriage in Spain and the EEA family permit for entrance to UK.

He is illegally residing in Spain. This is not an issue for marriage however, as illegal immigrants can marry in Spain. He is registered here "empadronado". The criminal record is going to be the only issue, I believe, if the Greek authorities banned him from all Schengen countries. But he is sure it was just a ban to Greece. Will definately check!

What are your thoughts?

[Mr Rusty]

The fact that he's in Spain illegally is in itself no bar to him being issued an EEA Family Permit, and on the subject of previous criminal convictions, the Entry Clearnace Guidance to ECO's says this:-

"Where a refusal is considered on the grounds of public policy, public security or public health in accordance with Regulation 21. The provision for refusal of an EEA family permit on public grounds is distinct from the provision in the Immigration Rules for refusal on non-conducive, criminal conviction and medical grounds. The level of evidence required for refusals in these cases is high. A person's previous criminal convictions alone do not justify a refusal"

(my underlining) - decisions to refuse on public policy grounds have to be referred to the UK, so are not taken lightly.

BUT - taking those facts together with a previous removal from the UK and a marriage which has only recently taken place, any ECO would be justified in suspecting that this is a marriage of convenience, which is specifically provided for in the EEA Regulations as grounds for refusal of a Family Permit. Suspicion alone is insufficient to justify refusal, but illegal residence in Spain and a previous failed attempt to get into the UK would probably lead to a refusal unless you can point to a relationship predating the marriage by some considerable time.

[Laura721]

We can prove our relationship so that won't be the issue. The evidence will be there.

[mochyn]

We can prove our relationship so that won't be the issue. The evidence will be there.

Hope this helps


http://www.immigrationboards.com/viewtopic.php?t=45808

The struggle that TraceyCK went through may be of some help but it was very protracted

[Laura721]

We can prove our relationship so that won't be the issue. The evidence will be there.

Hope this helps


http://www.immigrationboards.com/viewtopic.php?t=45808

The struggle that TraceyCK went through may be of some help but it was very protracted

I actually saw this and it is an inspiration to me! I have sent a PM to her on here but I am guessing she hasn't been on for a while. Can anyone get me in touch with her? Would be much appreciated! Hoping we will not have to return to Albania to get married and will be able to here.

[mochyn]

We can prove our relationship so that won't be the issue. The evidence will be there.

Hope this helps


http://www.immigrationboards.com/viewtopic.php?t=45808

The struggle that TraceyCK went through may be of some help but it was very protracted

I actually saw this and it is an inspiration to me! I have sent a PM to her on here but I am guessing she hasn't been on for a while. Can anyone get me in touch with her? Would be much appreciated! Hoping we will not have to return to Albania to get married and will be able to here.

She should get a meesage in her Email address that there is a personal message for her so she should get the mesage if she still has the same Email address and she has notifications from this site to that Email address.

Tracey's story was very inspirational to many people!

[mochyn]

Also no need to back to Albania to marry as long as you marry outside the UK.So Spain is fine to get married and apply for spousal visa there

[Laura721]

Also no need to back to Albania to marry as long as you marry outside the UK.So Spain is fine to get married and apply for spousal visa there

Fingers crossed that Tracy sees my message!

We can get married here if he wasn't banned to all Schengen countries after his conviction in Greece. He is convinced it was just Greece but he wasn't allowed to read the paper he signed after release. What a joke!

We won't apply for a spousal visa, we are going to apply for a family permit.

[TracyCK]

Hi Laura

I responded to your PM earlier but have just seen your post here which actually answers some of the questions that I asked you.

My feeling is that you shouldn't have too much of a problem with the EEA FP once you are married, but the problem may be actually getting married.

If your Fiance's criminal history is as innane as possession of marijuana, this should not be considered as a threat to Public Security or Policy and in any event, your Fiance presumably poses no current threat and therefore should be considered upon that merit.

We originally wanted to get married in Spain and were unable to because Rachid was there illegally and could not empadron even though we contracted an apartment together. Shortly after, he was deported and I could do nothing even though we lived together and planned to marry. If your fiance has empadronamiento and you are able to get married, then everything else should just fall into place.

I believe (but I could be wrong) that an Exclusion from Greece will appear in SIS for all Schengen countries and therefore, this may cause a problem for you in your quest to marry? We did not get that far in our investigation into marrying in Spain so am not sure if it will make a difference. I seem to remember that if you can provide the requested documentation, then you get married. Is a police check required?

Once you are married (although you could actually attempt this on the basis of your 7 year relationship, I don't think it would get very far), you can request that the exclusion is lifted on the basis that his circumstances have changed in that he is now married to you, etc

[Laura721]

Thank you Tracy, have replied to your msg

[Laura721]

Quick update: after all the trouble gathering our documents to get married here in Spain it is finally official, March 24th 2012! I must say on the basis that my fiance has no papers here, they have been more than helpful and accepting in every way.

We could get married earlier however we wanted to make a big event of it and have our friends and family come over to Spain for the celebrations.

Basically, once married, we want to apply for the family permit right away, ie the week after. But I am concerned they will use this against us.

We have been struggling here in Spain for 18 months together now, paying everything based on my one salary as my fiance has had a knee operation and all we want to do now is get back to the UK so that we can be more secure, around family and friends, both start working and get ourselves set up for life. But if we apply a couple of days after getting married surely this will be refused??

[Casa]

The short time between marrying and submitting the application shouldn't matter. Have you had legal advice about applying with a past conviction for drug possession, custodial sentence and the attempted illegal entry into the UK? It's essential you declare these.

[Laura721]

The short time between marrying and submitting the application shouldn't matter. Have you had legal advice about applying with a past conviction for drug possession, custodial sentence and the attempted illegal entry into the UK? It's essential you declare these.

Thank you Casa For us at the minute seeking financial advice with a fee is unfortunately impossible. We understand, that with this being the one and only conviction he should not be considered a threat. We want to write a cover letter explaining the events and we plan on declaring everything, we will have our relationship evidence ready in case they ask for this. Any other/alternative advice?