Residencia for a South African married to a Brit

Hi all,

I have found myself in a bit of a bad situation and was hoping someone could help me?
I am South African and am married to a Brit. We got married in South Africa. We are both in Spain, my husband being here for 1.5 years already and me arriving only 2 months ago. I have a visa with which I am able to apply for residecia. For my application I will need a 'certificate of recognition of marriage' from the British Embassy. The British Embassy has a list of requirements for the application of the above mentioned certificate. One of them being an unabridged marriage certificate (which I have) that has to be less than 3 months old. Mine is dated the 7 April 2010 so mine is 4 months old. I have contacted the SA embassy in Madrid and they say it will take 3 months for the new certificate and my visa expires the 10 September 2010. (next month)
Is there anyone who can offer some kind of advise as I am at a loss now and don't know what more to do. Is it possible for my husband and I to get married in Gibraltar for the second time so that we don't have to wait months for a document?
ANY information will be greatly appreciated.

Regards,

Samantha B

What is your husband doing? Is he exercising his treaty rights? If so you have the right to stay with your husband. The visa is merely for entrance purposes. Your rights derive solely from your marriage with an EEA national. The residence card will only be a confirmation of this right.

86ti wrote:What is your husband doing? Is he exercising his treaty rights? If so you have the right to stay with your husband. The visa is merely for entrance purposes. Your rights derive solely from your marriage with an EEA national. The residence card will only be a confirmation of this right.

Thank you for your reply.

My husband works in Gibraltar but we stay in Spain. As far as applying for both of our residencia goes, it is easier for him than for myself. Should my visa run out before I am able to sort my residencia out, what should I do?

regards,

Samantha B

So I would think he is essentially a cross border worker. What exact status does he have in Spain? I would suspect that he is considered self-sufficient and probably had to show his foreign income and proof of comprehensive sickness insurance for his registration certificate? My first guess would still be that you both are covered by EU law. As I explained, then the date on the visa is meaningless and you just concentrate on getting all documents for the residence card.

Nevertheless, repost your question in the Europe immigration forum because people here tend to read rather selectively.

If that is the case and my visa expiry date means nothing, I am probably the happiest person right now I will get my family in SA to apply for another marriage certificate and snail mail it to me.
Thank you so much for you responce.

Kindest regards

But still repost it with more details regarding your husband and thus get, hopefully, more opinions.

I will definately give some more details as soon as my husband comes home tonight. I will get all his info from him.

Thanks again