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marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:06 pm
by kate8899
Hi,
I need some help, I am a filipino living in uk undocumented for 2 years now and me and my partner has plans of getting married but we are only cohabiting just for one year. My boyfriend is working here in uk for 7 yrs now.
Do you know the process on how to marry a Spanish citizen here in Uk if i have no papers here already.
pls help.
many thanks
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:14 pm
by Casa
Difficult. In order to marry in the UK you can only register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can take place, should they choose to do so.
As you have no legal status in the UK, you are at risk of being detained on the day of the interview.
How did you enter the UK?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:17 pm
by kate8899
Is there any way to do it? What if I exit UK and literally fly to Dublin right away. Would that be possible? And just do the marriage there?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:19 pm
by kate8899
Casa wrote: ↑Wed Aug 23, 2017 8:14 pm
Difficult. In order to marry in the UK you can only register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can take place, should they choose to do so.
As you have no legal status in the UK, you are at risk of being detained on the day of the interview.
How did you enter the UK?
I was here by student visa, my flro was refused that was my last application, and i literally gave up but found this love of my life with the spanish guy and now have plans of getting married here in uk. or maybe in dublin or spain or back home.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:35 pm
by Casa
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:53 pm
by kate8899
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 23, 2017 8:58 pm
by Casa
How will you enter Spain?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Thu Aug 24, 2017 1:02 am
by khers
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Thu Aug 24, 2017 8:05 am
by Casa
Having married in Spain (where both my husband and I were long-term legal residents) I know from personal experience that even marrying in a small town/village, the process is lengthy as all paperwork is sent to the provincial authority. This can take up to 8 months when the marriage involves a foreign (non-EU) resident and requires substantial documentation to be submitted.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Thu Aug 24, 2017 11:36 am
by ribena
khers wrote: ↑Thu Aug 24, 2017 1:02 am
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
Hi Khers,
you said IF they get married in a Spanish consulate in Philippines.. surely they can get married in the OP's local authority? It might be 'quicker'?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Thu Aug 24, 2017 6:28 pm
by Casa
It won't be possible to marry in the Philippines at the Spanish Consulate: See the official guidance:
B) MARRIAGE IN THE CONSULATE.
Spanish citizens may likewise marry in the Consulate provided they meet the following requirements:
- At least one of the contracting parties is registered as RESIDENT in the Consulate General
- Both contracting parties are Spanish citizens or the other contracting party is a foreign citizen from a country other than the Philippines.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sat Aug 26, 2017 8:59 am
by kate8899
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
IF we marry in the Phils. then apply for EEA fp, isnt it that I would be liable for ban? or whats gonna happen for the ban? do i need to wait to apply before I lodge the EEAFP?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 1:25 am
by khers
Casa wrote: ↑Thu Aug 24, 2017 8:05 am
Having married in Spain (where both my husband and I were long-term legal residents) I know from personal experience that even marrying in a small town/village, the process is lengthy as all paperwork is sent to the provincial authority. This can take up to 8 months when the marriage involves a foreign (non-EU) resident and requires substantial documentation to be submitted.
Many things will influence the waiting period. Each Autonomous Community have a different waiting process. Some regions have a queue of 1 year waiting period just to present the documents. The process is different in speed if it is celebrated through the Civil Registry or the Town Magistrate's Court (Juzgado de Paz). Once the documents have been presented to the Civil Registry or Town Magistrate's Court (birth certificate of the applicants, proof of address (empadronamiento) of the last 2 years, certificate of legal capacity to get married) they should determined if it is necessary to publish edicts in the case one of them has lived in a town with less than 25.000 inhabitants. If documents are correct they call for a separate interview if one of the parts is a non EU citizen. Then the file should be send to the District Attorney and then if approved they can get married. But it's not 8 months average in all Spain.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 1:38 am
by khers
ribena wrote: ↑Thu Aug 24, 2017 11:36 am
khers wrote: ↑Thu Aug 24, 2017 1:02 am
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
Hi Khers,
you said IF they get married in a Spanish consulate in Philippines.. surely they can get married in the OP's local authority? It might be 'quicker'?
They can't get married in the Spanish Consulate in the Philippines, they can marry in Philippines under their local legislation through the Philippines Civil Registry, then this marriage has to be "legalized" (exequatur) through the Spanish Consulate to be registered at the Spanish Civil Registry and then it will be recognizable in Spain and in other EU countries. An interview should be required also in this case by the Consulate.
To get married through power of attorney will also have to be done through the Consulate because it follows the process of a normal marriage, except that the interview for the person that it's outside Spain will be taken at the Spanish Consulate, but the marriage ceremony will take place in Spain at the local Civil Registry or Magistrate's Court.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 1:43 am
by khers
Casa wrote: ↑Thu Aug 24, 2017 6:28 pm
It won't be possible to marry in the Philippines at the Spanish Consulate: See the official guidance:
B) MARRIAGE IN THE CONSULATE.
Spanish citizens may likewise marry in the Consulate provided they meet the following requirements:
- At least one of the contracting parties is registered as RESIDENT in the Consulate General
- Both contracting parties are Spanish citizens or the other contracting party is a foreign citizen from a country other than the Philippines.
They should get marrried at the Philippines Civil Registry then they should legalize (exequatur) that marriage in Spain through the Consulate in Manila, so the marriage will be registered at the Spanish Civil Registry and recognized as valid in Spain and other EU countries. But this is a very long process.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 10:00 am
by kate8899
ribena wrote: ↑Thu Aug 24, 2017 11:36 am
khers wrote: ↑Thu Aug 24, 2017 1:02 am
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
Hi Khers,
you said IF they get married in a Spanish consulate in Philippines.. surely they can get married in the OP's local authority? It might be 'quicker'?
So the marriage will take in Spanish consulate or in spain?
And through that Power of attorney I think the representative wont matter because its just signing the relevant marriage certificate isnt it? it doesnt need to have a proxy of a real person isnt it?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 10:10 am
by kate8899
khers wrote: ↑Thu Aug 24, 2017 1:02 am
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
And having said that the power of attorney can be done in Spain or Philippines isnt it? so whichever we choose is maybe is the quickest in terms of process.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 10:10 am
by kate8899
khers wrote: ↑Thu Aug 24, 2017 1:02 am
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
And having said that the power of attorney can be done in Spain or Philippines isnt it? so whichever we choose is maybe is the quickest in terms of process.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Sun Aug 27, 2017 10:46 am
by kate8899
time=1503515195 user_id=177405]
Hi,
I need some help, I am a filipino living in uk undocumented for 2 years now and me and my partner has plans of getting married but we are only cohabiting just for one year. My boyfriend is working here in uk for 7 yrs now.
Do you know the process on how to marry a Spanish citizen here in Uk if i have no papers here already.
pls help.
many thanks
[/quote]
Hi,
Got another question, can my partner go to Spain by himself and he can go and process the marriage there through power of attorney while I am here in UK?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Tue Aug 29, 2017 4:09 pm
by mariee
Do you have your passport in your possession? (no papers I have interpreted to mean visa)
I'm not an expert... I was in a similar situation recently, non eu over stayer married eu national. I don't require a schengen visa so I was able to enter Denmark on Monday, married on Tuesday waited 7 days to have the marriage certificate apostilled (legalised)
*Denmark is the easiest place to get married in Europe similar to Vegas *
We arrived at Heathrow without a family permit Asked to be admitted under European law, answered a few questions, we had prepared a folder of documents :bills, photos, insurance etc
After checking my HO file, 1hr 30mins the border officer granted me an entry stamp.
My advice would be to go for a schengen visa, if you returned to your country, I'm not sure if you can apply in the UK. Once married you can then go for the family permit and reenter.
Best of luck
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Tue Aug 29, 2017 5:12 pm
by wegiwegi
mariee wrote: ↑Tue Aug 29, 2017 4:09 pm
I was in a similar situation recently, non eu over stayer married eu national
We arrived at Heathrow without a family permit
Courious to know how did you manage to board a plane to the UK without a family permit?
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Tue Aug 29, 2017 5:30 pm
by ribena
Mariee would be a non-eea nation for the UK. Just turn up at UK airports and ask for A1 stamp
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Tue Aug 29, 2017 8:40 pm
by mariee
I don't need a visa to enter the UK, I'm a member of the commonwealth so I technically did not need a Family permit, and due to my horrible immigration history my application might have taken longer than 15days and possibly refused. So weighed my options and did it at the border.
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 30, 2017 5:31 am
by khers
kate8899 wrote: ↑Sun Aug 27, 2017 10:10 am
khers wrote: ↑Thu Aug 24, 2017 1:02 am
kate8899 wrote: ↑Wed Aug 23, 2017 8:53 pm
Casa wrote: ↑Wed Aug 23, 2017 8:35 pm
You won't have a legal right to enter Ireland and there is a 3 month notification period for marriages in the Irish Republic. You face the same issues there that you would have in the UK.
I suggest you return to your home country, marry there and submit an EEA FP application to re-enter the UK legally.
What if we decide to marry in spain instead is that possible?
If you get married in your country (Philippines), it will be a long process if you marry through the Spanish Consulate there, because you will have to pass an interview and your partner too, and that could be with a gap of many months, since the Spanish National Registry is very slow and bureaucratic. If they allow you to get married, you will have to apply for a visa to come to Spain, they will ask you for a lot of documents plus proof of economic resources and dependency of the Spanish citizen.
Your only options are to reach Spain, which will be difficult, because from 2015 the airlines are required to ask for the residence permit or visa to enter the country of destination, besides sometimes there are random passports controls at the Spanish Airports when you arrive there. If you reach Spain you can get married if you pass the interview even if you don't have a residence permit. If you marry in a small town the waiting time for the ceremony would be a couple of weeks.
The last option will be getting married through power of attorney, you can nominate a representative to get married on your behalf in Spain, but you have to pass the interview at the Spanish Consulate. You can contact a lawyer who can arrange that for you in Spain.
I hope this information is somehow useful for you,
Best Regards,
James
And having said that the power of attorney can be done in Spain or Philippines isnt it? so whichever we choose is maybe is the quickest in terms of process.
Hello,
You need to contact a lawyer in Spain to prepare the marriage through power of attorney, you can nominate the lawyer to represent you for the ceremony. The rest of the process is done in Spain in the same way as a normal civil marriage, except that the interview and other formalities will be done overseas at the Spanish Consulate.
Your husband should be registered in Spain and the process will begin in his place of residence. The power of attorney can be done with a public notary in the UK or at the Philippino Consulate in the UK if you are going tto be in the UK. If you go to the Philippines you make a power of attorney with a Public Notary there and then send it to the lawyer in Spain.
I am a lawyer graduated in Spain by the way though not exercising now, so I am only giving you the options according to my experience. It's up to you which path to take. In any case you will need an Spanish Immigration lawyer who can assist you and prepare all the process, since it's not the normal procedure,
Best Regards and Good luck,
James
Re: marrying a spanish citizen in uk with a non eu partner (no papers)
Posted: Wed Aug 30, 2017 11:49 am
by kate8899
Hi James,
Thanks so much for the reply. Its been enlightening for me to know that your Spanish and a lawyer at the same time. At the moment my boyfriend is been living or residing here in Uk for many years so i dont know if it will be an obstacle although he has a place in Spain too. How does that works? What will the Spanish consulate ask with regards to papers or documents?