WIFE VISA, BUT WHICH EMBASSY SPAINISH OR BRITISH,

[buff_steve]

i want to marry my wife in colombia, i am british national, born in colombia, have lived in london for 16years,

i am moving to spain this week and need to know weather to apply for the visa at the british embassy or spanish one in december when i am in colombia, as all my paper work will be from spain and we are planning on living in spain?

as i will be living in spain, savings in spain, housing in spain,
do i apply to which embassy? i am lost.

please help

steve

[John]

Your immigration status in Spain? It sounds like you will be exercising your EU/EEA treaty rights and on the basis of that your wife should apply to the Spanish Embassy in Columbia for an EEA Family Permit. Under EU legislation the cost of applying for that will be .... nothing!

[JAJ]

Your immigration status in Spain? It sounds like you will be exercising your EU/EEA treaty rights and on the basis of that your wife should apply to the Spanish Embassy in Columbia for an EEA Family Permit. Under EU legislation the cost of applying for that will be .... nothing!

The "EEA Family Permit" may be called something different in Spain.

At the same time the wife should check if any further steps are required under Spanish law if she wishes to obtain permanent resident status in Spain, or Spanish citizenship in due course. It's not something I can confirm, but as she is a citizen of a Latin American country she may be able to become Spanish after two years.

Spain is not obliged under EEA regulations to offer citizenship to incomers, which is why it's very important to investigate the requirements under Spanish domestic law. Also, if she wants to keep Colombia citizenship she should check if this is allowed.

[buff_steve]

my status in spain well, i lived their a year and a half ago and was given a one year REGIMEN COMUNITARIO CARD, RESIDENTE, which i have to renew,

so should i contact the embassy in spain or get my fiance to do it in colombia? could you recommend who i should contact?

thanks

[JAJ]

my status in spain well, i lived their a year and a half ago and was given a one year REGIMEN COMUNITARIO CARD, RESIDENTE, which i have to renew,

so should i contact the embassy in spain or get my fiance to do it in colombia? could you recommend who i should contact?

This is mainly about *her* status in Spain, not yours - she should contact the Spanish Embassy for a permit before leaving. And after arriving, you and she ought to check what *she* needs to do to get Spanish citizenship.

I'm not sure if Spain allows dual citizenship for those from non-Latin American countries (you should check this), clearly if you had to renounce British citizenship (under British law) to become Spanish, then it would probably make more sense for you to stay British. However that would not necessarily stop your wife becoming a Spanish citizen, she'd likely have more to gain by doing so as well.

When and where are you planning to get married?

[buff_steve]

In december this year,

what is the difference between....

EEA Family Permit and the Spouse Visa?

which whould i apply for?

she also has twochildren from different men, does this effect the matter?
i will also add mysef to her first son's birth certificate, is that a problem, as he was registered with out a dad?

im still not sure what embassy to apply to, as i am not a spanish national, but a british national no living in england but in spain.

[ppron747]

I.....she also has twochildren from different men, does this effect the matter?
i will also add mysef to her first son's birth certificate, is that a problem, as he was registered with out a dad?

You can't just get your name added to the child's birth certificate... You're not his father. You need to look into adoption if you want to be recognised as his father.

[JAJ]

i want to marry my wife in colombia, i am british national, born in colombia, have lived in london for 16years,

One further point to be aware of. Unless your parents were in Crown Service when you were born, you are most likely a British citizen "by descent". Hence, any children you have with your future wife will not automatically be British citizens if they are born outside the UK.

They won't necessarily be Spanish citizens either (if born there) as being born in Spain does not in itself make you a citizen. You would have to check what additional requirements exist for children of foreign parents born in Spain.

Depending on circumstances you may be able to register Spain-born children as British but there are additional requirements to meet and time limits, the time limit for the most common type of registration is 12 months from birth.[/u]

[JAJ]

In december this year,

what is the difference between....

EEA Family Permit and the Spouse Visa?

Maybe none - depends on what Spanish law says.

im still not sure what embassy to apply to, as i am not a spanish national, but a british national no living in england but in spain.

It's your future wife who will needs to make the application, not you - she is a Colombian citizen living in Colombia ....

You may not be able to sponsor for anything until you are married. This forum is not going to be able to advise you on the details of Spanish immigration and nationality law - you need to find a competent Spanish immigration lawyer for professional assistance.

[buff_steve]

thanks to everyone who helped,

i will sort things out in spain with a lawyer,

one more question,

how long will it take for the whole process in colombia?
marriage + visas+ so on.........

thanks a lot steve

[ppron747]

Given that JAJ has already said "...This forum is not going to be able to advise you on the details of Spanish immigration and nationality law..." it seems unlikely that anyone here will be abe to say how long it will take.