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Re-entry to Spain from Gibraltar with expired Schengen Visa

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honeypenny
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Posts: 1
Joined: Tue Mar 08, 2011 12:08 am

Re-entry to Spain from Gibraltar with expired Schengen Visa

Post by honeypenny » Tue Mar 08, 2011 12:36 am

I know, sounds bleak!

The Background

I came to Spain from malaysia in December 2010 to marry my fiance after traveling for 6 months. I am from Malaysia and he is a spanish citizen.

Even though we started the process of applying for a marriage license in Sabadell a few months ago, the earliest date we got for a review/interview is in September! The lady said don't bother trying to get married this year! (grr)

The Situation

Anyway, I don't want to stay in Spain illegally. As it is my visa is about to expire and I was thinking of living in the UK for 3 months before re-entering Spain again.

Then we found out about marrying in Gibraltar which would be a zip to do! Of course we found out sooo late (today actually) that by the time we get ourselves over to Gibraltar with the right (translated) paperwork, my 90 day visa will have expired.

The Questions

Soo.. I was wondering if anyone had ever gone to Gibraltar and tried to re-enter Spain again with an expired visa (and not have to wait for the required 180 days to be over- i have been here 90 days consecutively ). As in, get out to gibraltar and within 2 weeks get back into spain again?

Keep in mind, by the time I get out, I will have overstayed in spain by a two weeks or so - so there is that. Will they do anything because I overstayed?

Also, if I can't re-enter spain, we will fly to London to register our marriage at the Spanish Consulate there so that we can obtain our Libro de Familia.

Two prong question here:

Does anyone know how long it takes for the spanish consulate in the UK to issue the Libro de Familia, and can I use that to enter Spain before my 3 months is over?

And, I hear the UK can give you a real tough time for overstaying your visa even if it is another country. Is that going to be a problem for me if I have to go to the UK to register my marriage and stay for 3 months?

The End

Hope to hear from you soon! Any information is appreciated. Even if you could point me to a good lawyer who handles cases like this. Even someone who can help speed up the review/interview process in Spain (maybe from Sept to May or so?) that would solve a lot and help a LOT! and I won't have to go do the whole Gibraltar thing!

I will go stay in the UK if I have to in order to be legal, but I have just been away from my fiance for a long time (me traveling, him working in spain - before that he traveled and I worked in Malaysia) and I am just begging to settle down and have a more stable life and would love to be able to do that with him in spain.

Muchas Gracias! :D

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