# I want to marry my [non-EU] girlfriend. When can we live together after marriage?



## pallan (Jan 10, 2011)

I'm a UK citizen and my girlfriend is Russian. I'm currently residing in Spain and she is now in Russia. We have lived together in Europe and have everything well documented.

We'd like to get married, and are trying to figure out the procedures. Will she be able to live with me at all after marriage, or do we need to wait many months being apart, for her marriage visa? Will they need to hold on to her passport for all those months, or will she be able to still come here as a tourist?

We are open to living in other countries if it is any easier. Any advice would be much appreciated.


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## gus-lopez (Jan 4, 2010)

Assuming you have a registration certificate then once married there shouldn't be a problem. She would have to register on the 'non-EU' citizens register, should be automatic as married to an EU citizen, & she will have the benefit of an actual Residencia card,
Don't know about any paperwork for leaving Russia but as she has already been coming & going I can't see a problem.


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## elisa31bcn (Jan 23, 2013)

Go to the Registro where you live and ask for the requirements to get married. The requirements are slightly different from place to place. She will surely need her birth certificate from Russia, for example, and everything will have to be officially translated. But the procedures to get residency after marriage are quite straight forward, and you will be together here while it is being processed.


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## 213979 (Apr 11, 2013)

I agree with both previous posters. If you get married here it should be really quite easy. You should talk to the church/city hall ASAP to find out the requirements though.


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## Williams2 (Sep 15, 2013)

Further to the original posters question - how long must the UK citizen wait after
becoming a Resident of Spain ( ie getting the little Green NIE Card ) before he
can legally marry he's non-EU girlfriend - lets say a Russian in Spain ?

I was wondering whether the new Resident of Spain, has to wait 6 months, 12 months
or 2 years before marrying in Spain - with all the legal niceties of her gaining Residency
in Spain, Passport, etc - also is marriage in Spain recognised in the UK for her gaining
a British Passport or not ?

In fact what would be her position be ( regarding her status in Spain - her passport, etc )
following marriage to a British citizen, resident in Spain ?
Do the Spanish authorities check out the future husbands financial status in Spain, first eg
employment, savings and other income - before recognising such marriages ?

Finally can the Russian marry on a Tourist Visa in Spain ?


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> Further to the original posters question - how long must the UK citizen wait after
> becoming a Resident of Spain ( ie getting the little Green NIE Card ) before he
> can legally marry he's non-EU girlfriend - lets say a Russian in Spain ?
> 
> ...


for any foreign couple getting married in Spain, at least one half of the couple must have been a registered resident for 2 years - so the EU citizen would have to fulfill that side of things unless the non-EU citizen has some kind of resident visa already

the non-EU spouse of an EU citizen resident in Spain can register immediately (subject to satisfying financial requirements) & have the same rights to live & work here as the EU citizen


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## Williams2 (Sep 15, 2013)

xabiachica said:


> for any foreign couple getting married in Spain, at least one half of the couple must have been a registered resident for 2 years - so the EU citizen would have to fulfill that side of things unless the non-EU citizen has some kind of resident visa already
> 
> the non-EU spouse of an EU citizen resident in Spain can register immediately (subject to satisfying financial requirements) & have the same rights to live & work here as the EU citizen


Ok - once the 2 year box is ticked and the Spanish authorities recognise it as
a legally acceptable marriage as regards residency - the next question is her
Passport. Do marriages recognised by Spain - vis a vis marrying and settling
down with a British Expat resident in Spain - give her carte blanche right
to a British Passport ( and unrestricted travel within the EU ) under dual
nationality ?


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> Ok - once the 2 year box is ticked and the Spanish authorities recognise it as
> a legally acceptable marriage as regards residency - the next question is her
> Passport. Do marriages recognised by Spain - vis a vis marrying and settling
> down with a British Expat resident in Spain - give her carte blanche right
> ...


no - just the right to live & work in Spain

no rights whatsoever to live in the UK , nor to a British passport - except possibly some time down the line via the Surinder Singh route


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## Williams2 (Sep 15, 2013)

Williams2 said:


> Ok - once the 2 year box is ticked and the Spanish authorities recognise it as
> a legally acceptable marriage as regards residency - the next question is her
> Passport. Do marriages recognised by Spain - vis a vis marrying and settling
> down with a British Expat resident in Spain - give her carte blanche right
> ...


Which begs another question - as I assume that any British Expat who although
a resident of Spain is still well under the 2 years required to have their
marriage recognised in Spain - will also be unable to legally marry their 
Russian Girlfriend in the UK because - although British you cannot marry here
as you have to be counted as Resident within the UK first !!!


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## Williams2 (Sep 15, 2013)

xabiachica said:


> no - just the right to live & work in Spain
> 
> no rights whatsoever to live in the UK , nor to a British passport - except possibly some time down the line via the Surinder Singh route


So I assume she gets a special Visa on her Russian Passport, that will only entitle
her to enter and leave Spain - what about about the rest of the EU ? Would she
get any special Schengen Visa concessions for being married to a British resident
in Spain ?

Not counting the UK of course.


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> So I assume she gets a special Visa on her Russian Passport, that will only entitle
> her to enter and leave Spain - what about about the rest of the EU ? Would she
> get any special Schengen Visa concessions for being married to a British resident
> in Spain ?
> ...


as far as I'm aware, she would only have rights within Spain - but I'm not 100% certain about travelling withing the Schengen zone 

maybe check with the consulate?


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## Williams2 (Sep 15, 2013)

xabiachica said:


> no - just the right to live & work in Spain
> 
> no rights whatsoever to live in the UK , nor to a British passport - except possibly some time down the line via the Surinder Singh route


Would be interesting to hear the experiences of other British Expats who marrried
there Non EU partner in Spain and what steps they had to take to get their
marriage to a non EU partner recognised by the UKBA. 
Lets say upon he's return to residing to work or retire in the UK, so that she can
get a British Passport, dual nationality, the right to live & work in the UK, etc.
Also what happens to the status of any children they have while in this limbo ?

Did they have to marry again in the UK ( following he's UK residency ) before
being recognised by the UKBA ?


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> Would be interesting to hear the experiences of other British Expats who marrried
> there Non EU partner in Spain and what steps they had to take to get their
> marriage to a non EU partner recognised by the UKBA.
> Lets say upon he's return to residing to work or retire in the UK, so that she can
> ...


take a look here

Britain Expat Forum for Expats Living in the UK - Expat Forum For People Moving Overseas And Living Abroad


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## Williams2 (Sep 15, 2013)

xabiachica said:


> take a look here
> 
> Britain Expat Forum for Expats Living in the UK - Expat Forum For People Moving Overseas And Living Abroad


Thanks - is there anything about - Dual Nationality and the circumstances under which your
prospective partner would be granted or denied a British Passport ?


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> Thanks - is there anything about - Dual Nationality and the circumstances under which your
> prospective partner would be granted or denied a British Passport ?


ask over there - everyone there is trying to get a non-British partner into the UK


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## Williams2 (Sep 15, 2013)

xabiachica said:


> no - just the right to live & work in Spain
> 
> no rights whatsoever to live in the UK , nor to a British passport - except possibly some time down the line via the Surinder Singh route


Hey that Surinder Singh route is a real eye opener and only goes to 
show - there are caveats for getting your Non EU wife into the UK,
just by doing a job on the continent.

It raises some interesting questions which were not obvious to me before
namely any UK citizen who earns a living as a Freelancer or a Contractor
in the UK ( know several friends doing such work ) will fall foul of the UKBA's
£18,600 base earnings requirement. As the UKBA frowns on such work
as being irregular and by it's very nature temporary ( regardless of how
generous your hourly contract rate is ) and therefore will only really 
count permanent income for meeting the base requirement.
Although I'm sure there are ways round it - by producing a Statement of
Accounts, if your Contracting as a Limited Company - but you have to prove
you're getting 2 or more years of regular Contract work, to satisfy the UKBA
- before marrying your Russian girlfriend in Britain.

But now you have the Surinder Singh route.
So Contractor does a regular job in the EU, establishing residency status,
marries he's Russian girlfriend in the EU and brings her back to live in the UK,
no UKBA £18,600 base earnings questions asked. Sorted - to hopefully
live happily ever after.

Of course the British contractor will no doubt lose those SC Security
Cleared jobs for 5 years while re-establishing he's British Residency status
but its a small price to pay for bringing he's Russian Sweetheart into 
the country. Assuming - naturally that being married to a Russian doesn't
compromise he's SC eligibilty in the future ( don't mention The Cold War !! )
lol.

BBC - The Surinder Singh route to love & happiness in the UK


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## Sandraw719 (Jul 19, 2013)

pallan said:


> I'm a UK citizen and my girlfriend is Russian. I'm currently residing in Spain and she is now in Russia. We have lived together in Europe and have everything well documented.
> 
> We'd like to get married, and are trying to figure out the procedures. Will she be able to live with me at all after marriage, or do we need to wait many months being apart, for her marriage visa? Will they need to hold on to her passport for all those months, or will she be able to still come here as a tourist?
> 
> We are open to living in other countries if it is any easier. Any advice would be much appreciated.


I just got my resident card finally. I applied on Mar 18 and got it on Aug.4.

If your girl friend is legal in Spain,please check with Spanish Embassy or UK embassy whether you can marry her. Otherwise,I would suggest you go to Russia to marry her and get the paper. I married my UK husband in China and it is very easy. But country is different. Two foreigners cannot get married in China at all. I do not know about Spain. 

Then you need to resident in Spain officially,jobs,money to support you two. It takes almost five months for non european citizen to get Spanish resident card. Mine was approved on Apr 22 but got it on Aug.4.


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## castaway06 (Jul 25, 2014)

Might be easier to get legally married in Russia quickly (do they have something like registry offices?) and then move to Spain bringing her along as the wife of a UK passport holder.


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## Williams2 (Sep 15, 2013)

castaway06 said:


> Might be easier to get legally married in Russia quickly (do they have something like registry offices?) and then move to Spain bringing her along as the wife of a UK passport holder.


Of course that's the obvious route - or it was until the Ukrainian crisis returned
EU/UK diplomatic relations with Russia back to something akin to the days
of The Cold War !!


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## Alun (Sep 13, 2013)

Just to make sure that the thread stays relevant and accurate - the Surinder Singh route was largely blocked (contrary, again, to EU law) on the 1st of Jan, 2014.

You now have to prove that you have moved your "centre of life" (their phrase!) to the EU country - merely working abroad does not count.

Not legal advice, but you need to join local groups, change your driving licence to the foreign one, have no UK bank account or home .. all requirements that most people could not meet.

This will reduce the number of foreigners in Britain and ensure that one (both are supporting these rules) of the 2 main parties will win the next election as Blighty is apparently "full".

... and in the meantime , families, including children, are kept apart ..... and I had to move to Spain to marry my Russian wife. 

That's the UK's loss (tax, spending, employing), in my case, but it still rankles. Lots.

http://www.freemovement.org.uk/outcome-of-mm-minimum-income-case-in-court-of-appeal/


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