Canadian married in Canada to UK citizen

[russlewis]

Hi,

I'm looking for some advice and reassurance on our situation and this board seemed to be the place to go.

I am a UK citizen and I married a Canadian citizen in Aug 09. I, along with my wife, are both currently in the UK.

I am applying for residency in Canada but in the mean time want to live in Spain with my wife while the application form is being process.

Now, though some research I am of the understanding that Canadian Marriage certificates issued in Canada are not accepted in Spain due to Canada not signing some treaty causing countries to honor other countries official documents.

Does anyone have any information about where to go to get this marriage certificate validated in the UK so it would be acceptable in Spain.

Once this is done, can I confirm that my wife would be able to live and work in Spain alongside me. And if so is this a visa that needs to be obtained before entering Spain.

Thanks for any advice on this challenging topic!

Russell

[ca.funke]

Hi Russell,

I don´t know about the validity of the marriage-certificate.

However, once you´re officially married within the EU, you can just go to Spain and register yourself and your wife.

All you need to know is in 2004/38/EC.

Both yourself and your wife are allowed to live and work permanently. This is true for all EU-countries, with the ironic exception of your home-country. (As you are a UK citizen wanting to live in Spain you´re on the safe side )

Any further questions should be answered in this forum, otherwise just ask.

All the best,
regards,
Christian

[Directive/2004/38/EC]

I am a UK citizen and I married a Canadian citizen in Aug 09. I, along with my wife, are both currently in the UK.

I am applying for residency in Canada but in the mean time want to live in Spain with my wife while the application form is being process.

In case you do not really really want to go to Spain, you should know you have some options.

Once you have done an "out of Canada" PR application for Canada, as the spouse of a Canadian citizen, you can move to Canada while the application is being processed. You would do what is called a "dual intent entry". You could not work, but in Ontario at least you would be covered by provincial health insurance.

You can also go to Canada and do an "in Canada" PR application. Work and health insurance are as with the previous case.

Now, though some research I am of the understanding that Canadian Marriage certificates issued in Canada are not accepted in Spain due to Canada not signing some treaty causing countries to honor other countries official documents.

I assume this is not a marriage of convience. Therefore you are married. End of story. Worst they can do is require you to translate it into Spanish if they can not understand English or French. You both have freedom of movement rights in the EU as outlined in Directive 2004/38/EC.

You can leave today for Spain, and both of you can start working immediately.

If you want to stay for more than 90 days, then the UK citizen must work (including part time) or be considered self-sufficient.