# Proposing to my GF will it solve her visa issue



## NIEnewby (Aug 26, 2017)

Hi there,
I am a dual citizen of the UK and Australia living in spain, I have residency here (nie, not a house).
I grew up in Australia so do not have residency in the UK, but I'm never going back to Australia so I don't care if I have to give up that passport or something.
Basically, I want to propose to my gf, but the issue is her visa.
She is from Tunisia, which is near sicily, on the african continent. 

note/ 
It is a third world country. She is actually quite rich... because it is a tourist destination down there and her father is a successful businessman. Her father doesn't really want her to leave "home", she badly wants to live in Barcelona with me.
note/

I want to figure out if marrying her will solve the visa issue, and if so what hurdles are there.
Also, I assume it will take time to get her to share my passport correct? So I guess she needs a work visa until then if she wants to stay in barcelona?

Thing is, do I need residency in the UK to marry her and share citizenship?
Do I need to marry in the UK or something, or get forms at a UK embassy or something to do the marriage?

The marriage wont be a big affair due to, her father and such, so mostly I have to set it up... so I'm just wondering about all these ins and outs and would appreciate any help.


----------



## Dionysus (Jan 4, 2016)

*Hmm...*

It all sounds too convenient. What if the marriage does not work? 'Just asking because those are serious life events, just for a visa?


----------



## Juan C (Sep 4, 2017)

Not quite surer where you are coming from on this.

You are UK national, resident in Spain. If you marry in Tunisia then your spouse will be permitted to obtain a Schengen visitor’s visa, that will permit her to come to Spain, apply for, and be granted (as a non EU citizen) RESIDENCIA status. 

That route in much easier. And very much cheaper, than trying to live in UK


----------



## 95995 (May 16, 2010)

NIEnewby said:


> Hi there,
> I am a dual citizen of the UK and Australia living in spain, I have residency here (nie, not a house).
> I grew up in Australia so do not have residency in the UK, but I'm never going back to Australia so I don't care if I have to give up that passport or something.
> Basically, I want to propose to my gf, but the issue is her visa.
> ...


Assuming the marriage is genuine, then your girlfriend will be able to join in you in Spain as the spouse of an EU citizen and subsequently register as resident (as the spouse of an EU citizen) and will be able to work. Note that this only applies once you are actually married. However, things might change post Brexit - for both of you. She won't share your passport, she will still need her own passport and she won't be a British citizen, but will keep her current citizenship. You should not need to marry in the UK, nor complete forms to register your marriage with the UK authorities. You will, however, need to ensure that your marriage is recognised in both the UK and Spain.


----------



## xabiaxica (Jun 23, 2009)

Just one point to add to what has already been said - *you * must be a registered resident before she can apply for residency as your spouse.

You say that you have a NIE, but that isn't the same as being a registered resident.


----------



## 95995 (May 16, 2010)

xabiachica said:


> Just one point to add to what has already been said - *you * must be a registered resident before she can apply for residency as your spouse.
> 
> You say that you have a NIE, but that isn't the same as being a registered resident.


I think you'll find the OP said he has residency and didn't refer to an NIE.


----------



## Juan C (Sep 4, 2017)

The OP was ambiguous 

QUOTE "I_ have residency here (nie, not a house_)."

And "I _am a dual citizen of the UK and Australia living in Spain"

_
So hopefully legally !"


----------



## xabiaxica (Jun 23, 2009)

EverHopeful said:


> I think you'll find the OP said he has residency and didn't refer to an NIE.





Juan C said:


> The OP was ambiguous
> 
> QUOTE "I_ have residency here (nie, not a house_)."
> 
> ...


yes...lots of people think that having a NIE is the same as being a registered resident, which it isn't, of course.

I just wanted to clarify the point.


----------



## 95995 (May 16, 2010)

xabiachica said:


> yes...lots of people think that having a NIE is the same as being a registered resident, which it isn't, of course.
> 
> I just wanted to clarify the point.


Oops, I misread (me, not a house). Still, you can't assume the OP isn't here legally and the fact that he is a dual UK/Australian citizen is irrelevant - it's his UK citizenship that is relevant.


----------



## xabiaxica (Jun 23, 2009)

No assumptions made

But the fact remains that he will have to be formally registered before she would be able to apply for residency as the _spouse of an EU citizen exercising treaty rights_

If he isn't formally registered, he needs to sort that out whether he plans to marry & bring her here or not.


----------



## 95995 (May 16, 2010)

xabiachica said:


> No assumptions made
> 
> But the fact remains that he will have to be formally registered before she would be able to apply for residency as the _spouse of an EU citizen exercising treaty rights_
> 
> If he isn't formally registered, he needs to sort that out whether he plans to marry & bring her here or not.


But of course. Agreed. And the reality is they wouldn't be able to get her registered as the spouse of an EU citizen exercising treaty rights anyway.


----------



## NIEnewby (Aug 26, 2017)

I'm not 100% sure it is residency it is a bit of a blur as it was 6 years ago and friends helped.
Semi sure I got residency but is there a way to check?
I mean I know Ive got a social security number and all that, cuz I needed all that for work. 
Says this on the certificate I have "su inscripcion en el registro central de extranjeros de la direccion general dee la policia y de guarda civil, como residente comunitario en espana"

translated: his registration in the central register of foreigners of the general direction of the police and civil guard, as a community resident in Spain


----------



## NIEnewby (Aug 26, 2017)

EverHopeful said:


> Assuming the marriage is genuine, then your girlfriend will be able to join in you in Spain as the spouse of an EU citizen and subsequently register as resident (as the spouse of an EU citizen) and will be able to work. Note that this only applies once you are actually married. However, things might change post Brexit - for both of you. She won't share your passport, she will still need her own passport and she won't be a British citizen, but will keep her current citizenship. You should not need to marry in the UK, nor complete forms to register your marriage with the UK authorities. You will, however, need to ensure that your marriage is recognised in both the UK and Spain.


how do i get it recognised in the uk


----------



## 95995 (May 16, 2010)

NIEnewby said:


> how do i get it recognised in the uk


You don't have to get it recognised in the UK, it's just that the form of marriage has to be one that is recognised in the UK. I'm no longer familiar with UK law on these matters, but frankly if the form of marriage would be recognised by Australia, you can bet it would be recognised by the UK. I am aware of someone who posted to the French forum that they had married their Philippine girlfriend in Spain and that the marriage was not recognised in the UK or France, but I have no idea why and the poster never explained why (maybe they just didn't go through all the necessary steps in Spain).


----------



## xabiaxica (Jun 23, 2009)

NIEnewby said:


> I'm not 100% sure it is residency it is a bit of a blur as it was 6 years ago and friends helped.
> Semi sure I got residency but is there a way to check?
> I mean I know Ive got a social security number and all that, cuz I needed all that for work.
> Says this on the certificate I have "su inscripcion en el registro central de extranjeros de la direccion general dee la policia y de guarda civil, como residente comunitario en espana"
> ...


Yes, you're a registered resident then.


----------



## xabiaxica (Jun 23, 2009)

EverHopeful said:


> But of course. Agreed. And the reality is they wouldn't be able to get her registered as the spouse of an EU citizen exercising treaty rights anyway.


Since the OP has now confirmed that he is in fact registered, should they marry, she will indeed be able to register as the spouse of of an EU citizen exercising treaty rights, as long as the UK is in the EU.

Providing of course all paperwork regarding the marriage, financials & healthcare provision are in place & accepted by the extranjería.


----------



## 95995 (May 16, 2010)

xabiachica said:


> Since the OP has now confirmed that he is in fact registered, should they marry, she will indeed be able to register as the spouse of of an EU citizen exercising treaty rights, as long as the UK is in the EU.
> 
> Providing of course all paperwork regarding the marriage, financials & healthcare provision are in place & accepted by the extranjería.


But of course, I haven't suggested anything else.


----------



## xabiaxica (Jun 23, 2009)

EverHopeful said:


> But of course, I haven't suggested anything else.


:confused2:

But you said


> And the reality is they wouldn't be able to get her registered as the spouse of an EU citizen exercising treaty rights anyway.


----------



## 95995 (May 16, 2010)

xabiachica said:


> :confused2:
> 
> But you said


But you've taken my comment out of context! The context was that if the OP wasn't legally resident in Spain.

Take a look back through the thread if you need to, rather than just quotes without the context.


----------



## xabiaxica (Jun 23, 2009)

EverHopeful said:


> But you've taken my comment out of context! The context was that if the OP wasn't legally resident in Spain.
> 
> Take a look back through the thread if you need to, rather than just quotes without the context.


I know it isn't the case in France - but here in Spain it's a requirement to register, so as I said in the post you quoted, the OP would have needed to do so, even if he wasn't wanting to bring a spouse in.

As for the context of your post, there was nothing in the post you quoted, to suggest that he definitely wasn't registered. In my post the suggestion was that he either was registered already, or would become so.


anyway

:focus:

I think we've answered the OP's initial question. Is there anything else you'd like to know about the process NIEnewby?


----------



## 95995 (May 16, 2010)

xabiachica said:


> I know it isn't the case in France - but here in Spain it's a requirement to register, so as I said in the post you quoted, the OP would have needed to do so, even if he wasn't wanting to bring a spouse in.
> 
> As for the context of your post, there was nothing in the post you quoted, to suggest that he definitely wasn't registered. In my post the suggestion was that he either was registered already, or would become so.
> 
> ...


I'm well aware that it's a requirement to register in France and have NOT suggested otherwise! I never suggested he wasn't registered.

Yes, his question has been answered.


----------

