Taking non-eu partner to UK from Spain

Hi, this is my first post! I'm not sure whether to put this in UK immigration forum or the European one.

I'm a UK citizen living in Spain for three years, and my girlfriend is South American (22 y/old). We want to go back to the UK, she has overstayed her 3 month visa by a few years and has not got residency papers to live here (her mother does though).

I'm wondering what is the best way to take her to the UK? Would it be better if we got married here in Spain, would she get residency papers for spain, even though I'm not spanish. or would it be too difficult?

-or would it be easier for her to go back to her own country and apply from there (which would cost a lot of money, in flights among other things, which we don't have right now)?

We've been to the registry office to ask about marriage and they've just told us what we need (for a non-eu and british citizen).

Thank you for any help or advice

If it's possible to do so, you will put yourselves in the strongest position by marrying in Spain. She can then apply for residence there as an EEA Family Member, or apply for an EEA Family Permit to accompany you to the UK. Either application can be made under EEA Legislation, not under Spanish or UK immigration law. She could also apply under the same provisions if you can prove that you have been living together the same as a married couple for at least 2 years.
Search on the UK Border Agency website under 'EEA Family Permit' for more information.

Are you sure that you can marry in Spain if she has no legal residency there? I know that when I married my non-EU husband there a few years ago, he had to submit his residencia and certificate of padroniamento before the official paperwork was issued.
Have you spoken to a Gestoria for advice on marriage requirements for non-Spanish nationals?

Mr Rusty wrote:If it's possible to do so, you will put yourselves in the strongest position by marrying in Spain. She can then apply for residence there as an EEA Family Member, or apply for an EEA Family Permit to accompany you to the UK. Either application can be made under EEA Legislation, not under Spanish or UK immigration law. She could also apply under the same provisions if you can prove that you have been living together the same as a married couple for at least 2 years.
Search on the UK Border Agency website under 'EEA Family Permit' for more information.

thanks for the reply. Yes, it looks the best option , we have been living together since early 2007. Right now, we just want to go to the UK, so I am definitely going to look into the EEA Family Permit that you have mentioned, straight after marriage, as that seems quicker than having to apply for residence here, which I thought was the only option.