# Questions regarding moving to Spain with Chilean husband



## nat201 (Mar 19, 2015)

Hi everyone,

I'm from the UK and currently living in Chile with my Chilean husband. We're hoping to move to Spain by the end of the year. I've spent the last few weeks researching the possibilities, but there are some issues I can't find the answers to on the internet, or at least I'm finding conflicting answers... I'm hoping anyone here on the forum with similar experience could offer some help... 

Visa to enter Spain
I've read that Chileans need to apply for a visa before travelling to Spain. But some of the requirements seem complicated to me:
1.) Copy of flight – it makes sense to buy the ticket after the visa is approved, in case it is rejected. It's not cheap flying from Chile!
2.) Proof of accommodation & Empadronamiento from the person residing in Spain – we're planning on moving there together. If this is the case, it seems I will have to move there a few months in advance to register as a resident. 
3.) If your documents are accepted to process the visa they will not be returned – so this means we will have to get new copies of the documents and legalize them all over again?

Marriage certificate
We got married in Chile a few years ago and the marriage is not registered in the UK (and I've read that it can't be). I've read conflicting information about marriage certificates....
1.) That they must bear the Apostille stamp. Chile isn't part of Hague convention, and that there are different legalization procedures to follow.
2.) That the certificate has to be registered by the country of EU spouse
Will the Chilean legalization procedures be enough?? Or do they demand a certificate from the relevant EU country??

My husband was refused a UK spouse visa a couple of years ago, do you know if this will be a problem? Or if they even ask?

Any information or advice will be greatly appreciated!! 

Many thanks


----------



## Justina (Jan 25, 2013)

My husband is Mexican and some months before arriving here to Spain, I sent the Spanish Consulate in Mexico City a letter asking what his situation would be. I got a reply the following day to say that as the husband of a Brit then he was entitled to go with me. (Which is more than if we had wanted to live in the UK). I did mention that he would have a pension etc.,
We did get married in the UK, so I had to send for an update of the marriage certificate, but there must be something that the Chilean Consulate in Madrid churns out explaining that Chile doesn't do that.
Good luck.


----------



## Justina (Jan 25, 2013)

PS. I have just checked online and Chileans do not need a visa for a six month visit which means that he can come in with you and then organise your status here. Obviously, you have to show that you have money or a job or whatever but you can find the requirements under FAQ on this forum.


----------



## angkag (Oct 29, 2013)

I can share our experience as my wife is also from a non-Hague convention country.

First thing she had to do was apply for a visa familiar at the Spanish Embassy where we lived before coming to Spain, which in your case would be the Spanish Embassy in Chile. This visa needs much the same documentation as the residence visa process that you need to go through later in Spain.

The main one is the marriage certificate. As a EU passport holder, you have rights to reside in Spain (which isn't the same as rights to get a residence visa at that requires proof of adequate financial situation and medical cover), and these rights extend to your legal spouse, so the main emphasis of the process is demonstrating that the marriage is a legal one.

The Apostille stamp only applies to Hague Convention countries, so you need to get the certificate:
- legalised by the Chilean Ministry of Justice and Foreign Affairs (or equivalent, but check exactly what departments need to legalise the document as we had to go through three government departments and get stamps from each) 
- certificate translated into Spanish, although if married in Chile, presumably not an issue for you
- then legalised by the Spanish Embassy in Chile

Once we did all these things the legalised marriage document met all of the requirements for the visa familiar and later residence process in Spain (noting that the legalisation expires after three months so need to both processes before it expires). Also note that we never got our legalised marriage certificate back from the immigration authorities in Spain as they insisted on keeping it, so you might lose it too.

We were indeed asked for documentation from the UK that it recognised our marriage or it was registered there, but put quite simply, the UK doesn't do either of those things. If you read through the forum, it appears that some countries do provide such recognition (eg there is a thread where someone from Germany was having this problem), but in our case, it didn't take long to impress on the Spanish embassy that there was nothing they could get from the UK, which it seemed it already knew anyway, and so didn't ask a second time. So expect to get asked for this and to have to argue your corner, as the UK won't provide anything. Technically the UK, like Spain, accepts legal marriages, and you are dealing with Spain's acceptance that your marriage is legal, so the UK's view should be irrelevant. However, Spain has had a historical habit of asking for this, and it continues to do so.

Its interesting that the UK refused a visa - on what basis ? I can't remember if we were ever asked if we had ever been refused a visa for an EU country, but if that question crops up, then I guess ticking the yes box could invoke more difficulty from the Spanish side - don't know.


----------



## baldilocks (Mar 7, 2010)

To some extent you may have an easier ride with Spain than UK since Spain will consider your Chilean husband as a former colonist and they have special privileges (no. sorry, I don't know what they are, although SWMBO is Colombian by birth, she took British nationality).


----------



## nat201 (Mar 19, 2015)

Thanks everyone for your replies, really helpful.

Justina, yes it seems I was wrong about Chileans needing a visa to enter Spain, which makes things a little easier. Though the vsfglobal website quotes: "Para ingresar a España, los poseedores de pasaportes de Chile necesitarán un pasaporte válido y un visado" which is what confused me...


Angkag, unfortunately he was refused a UK visa for a criminal record from over 10 years ago, I don't know if this will be a problem, the last criminal record check he filed in Chile was clear, I guess because it happened over 10 years ago. 

Baldilocks, that is interesting, we didn't realise former colonist had any special privileges in Spain! In fact, doing a little research now, they have a fast track to citizenship.


----------

