Spanish tourist visa for non EU husband

[Larou]

Hi,

I was wondering if somebody could help me??

My husband and I would like to visit my parents who live in Spain. I am a British National so therefore don’t need a visa; however he is from Cape Verde (currently residing in England with me on a Spousal Visa). I have been told by the Spanish Embassy in London I just need to produce my Marriage certificate (Non EU documents must be legalized according to the 1961 Hague convention). This is where im having the problem, we married in Cape Verde - Where and how can i get my certificate legalized?

Also is this relevant in my case?
IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Permit are not required of a visa to enter Spain. Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEA National, if not, a visa is required under the following conditions:

I would appreciate any help!

Many Thanks

[86ti]

Also is this relevant in my case?

Nope but see also.

[TracyCK]

From personal experience, I would advise you that the Spanish are extremely arrogant when it it comes to recognising third country marriages and would suggest that, if possible, you apply for a Visa for your husband (free, as an EU/EEA family member) as he does not have the type of residency that will allow him hassle free EU travel.

I don't know if you can legalise documents out of country, but clearly the UK has accepted your husband as your spouse and perhaps you simply need to highlight this in the application. Someone else may have something to add to this.

A year after we were married, even with previously issued UK and Spanish visas as an EEA Family Member in passport and presented with officially translated and legalised marriage certificate plus a statement from the the UK Embassy (also officially translated) that our marriage is accepted and legal for Administrative purposes and freedom of movement under EU Directive 2004/38, my husband was STILL refused entry into Spain from Morocco and I had to spend 2 days at the National Police Station by myself while my husband remained at the border so that they could contact both the British and Spanish Authorities to validate that what I was telling them about our rights was true. They did not even have the grace to eat enough humble pie to apologize to me when they finally had to concede.

Although mine and my husband's circumstances are unique and quite complicated, it still highlights the lack of respect that the Spanish appear to have for third country cultures and marriages performed within - even though they have CLEARLY been accepted by your home member state and appropriate legal documentation granted.