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Non-EU Spouse Visa without Registered Marriage Certificate

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Hmminator
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Non-EU Spouse Visa without Registered Marriage Certificate

Post by Hmminator » Sun Jul 03, 2016 1:20 am

Hi,

I am an EU citizen from the UK. I am getting married in the Philippines to a Filipina in August and after that we would like to move to Spain.

I've taken a look at all of the laws that allow her to live with me in Spain but the only problem is there seems to be a requirement that our Filipino marriage certificate be registered in the UK. However, the UK don't appear to offer this service!

https://www.gov.uk/government/news/marr ... seas-brits

Is it essential that the marriage certificated be registered in the UK in order to practice our rights to freedom of movement? If yes, how might I go about doing this given that the UK don't offer this service?

Unfortunately we don't have a lot of time to wait for bureaucrats to do their thing as I have a job starting at the end of September and we won't be married until mid-August.

Any help or advice with this would be much appreciated!

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Casa
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by Casa » Sun Jul 03, 2016 2:43 am

See a member with the same issue in this thread:
http://www.immigrationboards.com/immigr ... l#p1369456

Fellow Moderator noajthan may be able to advise further regarding registration of a marriage certificate with the British authorities in the Philippines, but he's away from the forum for a few days.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

james781978
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by james781978 » Sun Jul 03, 2016 1:22 pm

hi


i am in the same situation as i am british citizen ,married in iraq we have applied for spanish schengen visa in ankara,spanish embassy not recognising foreign marrige cirtifcut,British embassy dose not do reconizeing forgoing marrige cirtifcut,i have being adviced by spanish embassy to leglize marrige cirtifcut in bahgdad,

my suggest for you when you marrid contact spanish embassy legalise department in the country you will git married.


hope that help

Hmminator
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by Hmminator » Sun Jul 03, 2016 4:31 pm

Casa wrote:See a member with the same issue in this thread:
http://www.immigrationboards.com/immigr ... l#p1369456

Fellow Moderator noajthan may be able to advise further regarding registration of a marriage certificate with the British authorities in the Philippines, but he's away from the forum for a few days.
Thanks Casa, there's some useful information in that thread.
james781978 wrote:hi


i am in the same situation as i am british citizen ,married in iraq we have applied for spanish schengen visa in ankara,spanish embassy not recognising foreign marrige cirtifcut,British embassy dose not do reconizeing forgoing marrige cirtifcut,i have being adviced by spanish embassy to leglize marrige cirtifcut in bahgdad,

my suggest for you when you marrid contact spanish embassy legalise department in the country you will git married.


hope that help
Ok, that sounds like it could work.

We're actually planning on getting married in Hong Kong now (cause it turns out you have to wait two or three months to get your marriage certificate in the Philippines!), so I think our process should go like this.

1) Get married in Hong Kong
2) Get marriage certificate translated to Spanish
3) Get translated marriage certificate (and original?) legalised at the Spanish consulate in Hong Kong
4) Apply for visa (Schengen?) for my wife at Spanish embassy in Philippines with our passports and legalised, translated marriage certficiate
5) Move to Spain and apply for Residence Card for wife

Does that sound about right?

mgb
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by mgb » Sun Jul 03, 2016 6:06 pm

Spain and Hongkong are member of the apostille agreement.
You need a apostille from Hongkong on the original document.
Translation in spanish can be done from a embassy approved translator.

Hmminator
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by Hmminator » Mon Jul 04, 2016 1:44 am

That's handy. So it would go:

1) Get married in Hong Kong
2) Get marriage certificate translated to Spanish
3) Get marriage certificate apostilled by the Hong Kong government
4) Apply for visa (Schengen?) for my wife at Spanish embassy in Philippines with our passports and apostilled marriage certificate
5) Move to Spain and apply for Residence Card for wife

And the Spanish government, by law, absolutely have to accept the apostilled marriage certificate? What about the translation - can I get that apostilled by the Hong Kong government too?

mgb
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by mgb » Mon Jul 04, 2016 10:31 am

The apostille is for the original document.
A approved translator has his own stamp for the translation.
The translator has to be approved from the embassy or in spain from the ministry.
I don't think you need a translation for the embassy in Manila. The marriage certificate from Hongkong is dual language in english and chinese.
Btw did you think about the problems to get your girlfriend/wife out of the Philippines.

noajthan
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Re: Non-EU Spouse Visa without Registered Marriage Certifica

Post by noajthan » Wed Jul 06, 2016 9:02 pm

mgb wrote:T...
Btw did you think about the problems to get your girlfriend/wife out of the Philippines.
Good point.

Ref http://www.cfo.gov.ph/index.php?option= ... Itemid=833
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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