Non-EU Fiance And British Citizen Moving To Spain

[beebflavour]

Hi to everyone. I've read an enormous amount of posts on the forum over the last week (thank you all for your very useful information) and feel I have almost got all the info I need to move ahead, but would like your advice on this whenever you have the time. I've made it as clear as possible but I'm sure I'll have missed something so do let me know:

- I am a British citizen.
- My fiance is a Peruvian citizen.
- What we would like to achieve is: Once married, live permanently in Spain together, have children there, but with the ability to visit the UK together for short periods, as well as the ability to visit Peru together (much easier of course).

Further background: We are in our 30s, self employed with a decent amount of assets in the UK and private health insurance (I say this only as relevant to the residency requirements for Spain for both of us).

So based on my research, the route I see as being the least painful (!) to achieve the above is:

1. My fiance applies for the UK Marriage Visitor visa, we marry in the UK.
2. She goes back to Peru and I move to Spain, becoming resident there.
3. She comes to Spain on a tourist visa to join me (explicitly to reunite with me, her spouse).
4. She becomes resident in Spain with me.
5. We take out a 10-year UK Family Visitor visa, which will allow her to accompany me to the UK on trips of up to 6 months, as many times as we like over 10 years.
6. After 5 years in Spain she takes out her permanent Spanish residency - Now here I am unsure: can she visit the UK now without a visa?! If not, then...
7. She applies for a Spanish passport after the 6 or so years of residency in Spain.
8. Check mate!

Does anyone think there is a better / smoother way to achieve this? Or any problems with our plan?

Would be great to hear your feedback, and who knows, maybe the above will help someone else.

Thanks again.

[wegiwegi]

Ok, as you well know, or if you didn't know, peruvians from this summer, June or July, they won't be needing visa for the schengen area at all, so better would be wait when she can travel to Spain that way, and get married in Spain??.
I know for British citizens, to marry a south american lady in the UK it is something of a nightmare, I know, because I know a couple, he is British and she is from Perú, and yes, it was more than 15 years ago, but it was really complicated for them at the time.

I'm married too, to a peruvian lady, but we got married in Switzerland, after her visa to come to the UK was denied, so I had to change my plans, and I decided to marry her in my EU country,we got marry in Aug 2014 (we know each other since May 2007)and I have been living here for the last 20 years, I'm actually sorting out the RC for her. We have to come back from our honey moon and holiday by coach, because they didn't allow her to board the plane, didn't have the time to apply for a FP but at the border at Dover, they stamped her passport after showing the wedding certificate and both passports.

Once your wife to be, has the residency card from Spain, she will be allowed to travel to the uk with that RC, from 6th April this year, all RC cards from EU states have to be accepted and no visa should be required.

So what do you think so far? After reading this

[beebflavour]

Hiya,

So the weak part of the plan is getting the UK marriage visitor visa for her? Do you have anything apart from the 15 year ago problems of your friend to go on? I'm just trying to make sure so as to make the best decision (no intent to be sarcastic or anything in case it comes across that way)!

Also, can a tourist get married in Spain on a tourist visa? In the UK, they definitely cannot!

Lastly, I'm not sure anyone really believes that the elimination of schengen tourist visas for Peruvians is going to happen before next year - Peru has to implement electronic passports and so on under the conditions and they've got nowhere so far...

[Casa]

"Also, can a tourist get married in Spain on a tourist visa? In the UK, they definitely cannot!"
Actually they are able to marry legally while on a visitor visa, but the intention shouldn't be to marry when they entered the UK.
i.e intentions often change.
However, as the notification period for marriage is soon to be extended and checks for sham marriages increased, this may become more difficult.

[beebflavour]

Ah ok, thanks for the clarification Casa.

I've been looking up about us getting married in Spain and I don't think it's an option. Apparently I'd have to be resident there for 2 years (during which we'd hardly see each other), and even if I find a way round that it looks a lot harder than getting married in my country the UK...

[hk79]

it will be easier for you to travel to peru as a British citizen and I am sure getting married over in Peru will be a lot easier. once married, she can apply for an EU spouse visa to travel with or joining you in spain.