Civil marriage in Spain with non-EU citizen

There is no need to duplicate your posts, therefore your other post has been deleted.

SimCityAT
Expat Team

We have all documents for him and for me but his visa is expiried.

Sorry, but this question needs to be asked.
If someone who is effectively illegal, because they have over stayed the visa limit, can pop their head  above the wall to get married? Do you realise it could well end up in tears.

Yes,  I'm sorry I did it by mistake and after I didn't know how to delete it.

What do you suggest? There is no other way if we want to live togheter.

If he is illegally in The EU, visa expired, then he needs to leave now before he gets arrested

There is no chance of getting married in spain  to become legal

I know in certain circumstances if one can prove they have overstayed in spain for over three years, during which time they have legally earned a living and have no criminal record, they can apply to stay.  But I do not agree with that policy so would never recommend it

You need to consult with an attorney. That is simply all there is to it.  Your situation is difficult enough and rare, so the odds are very much against anyone on this forum being able to help.

The main thing you need, I would assume, is to be able to get married. If you can do that, then now your non-EU fiancee is a non-EU spouse, and his rights to live within the EU are much, much stronger.

So rather than worry about visas or residency, I believe your focus should be on figuring out how to get legally married without him leaving the EU, because that way he is already inside the EU and will not need another visa to get back in.

But again, you need a lawyer, not the uninformed opinions (including mine!) on this site. 

But again, you need a lawyer, not the uninformed opinions (including mine!) on this site.

You keep posting that advice. Why? Forums are for exchanging/asking advice. If all posters did what you suggest we would have nothing left here.

Because frequently the things people ask are important enough that they should consult with an expert, not someone talking out of their butt.

If someone has personal experience with a question, then by all means they can answer it with some authority. I've answered many questions like that.

But in a case like this? It's really important. Do the wrong thing and the guy gets deported and barred from the EU for years.

Thank you everyone who answered  my post. Yes, I was already talking with laywer and now I know what to do. I wrote this post because I was thinking that maybe, If someone was in similar situation, can help and tell me something about it. In the other hand I don't recommend to giving advice if u don't know and don't "feel" my situation
Anyway thanks a lot!

Papa some of us do know about these things   

My wife is non EU living in spain, as are many of her friends   

Across those people there is a variety of situations,  including some who have married in spain, come here as spouses,  settled in spain in their capacity or who come here illegally and stayed for over three years and then obtained residency

I can say that even when a spouse of an EU Citizen who is resident, comes to spain, if they want to become legally resident, they must start the application before their visa expires.   If they have not done that in time  they must leave spain and make a new visa application and then return to spain to start the application

So papa QUOTE.  ‘Your situation is difficult enough and rare, so the odds are very much against anyone on this forum being able to help, ‘

Do not believe if you do not know something that others here are equally uniformed. In fact many are better informed than many of the professionals' you suggest should be consulted

QUOTE    ‘ in a case like this? It's really important. Do the wrong thing and the guy gets deported and barred from the EU for years.'

A person who wilfully breaks the law deserves to be dealt with according to the law

Johncar wrote:

I can say that even when a spouse of an EU Citizen who is resident, comes to spain, if they want to become legally resident, they must start the application before their visa expires.   If they have not done that in time  they must leave spain and make a new visa application and then return to spain to start the application

This is incorrect information.

The proper information can be found on the EU's web page titled Registering your non-EU family members in another EU country at https://europa.eu/youreurope/citizens/r … dex_en.htm

It states:

After 3 months in your host country, your non-EU family members must register their residence with the relevant authorities (often the town hall or local police station).

To obtain a residence card, they will need:

*a valid passport
*your registration certificate as an EU national or any other proof of your residence in the country
*proof of the family relationship with you (such as a marriage or birth certificate)
*for (grand)children, proof they are under 21 or dependent on you
*for (grand)parents, proof that they are dependent on you
*for other family members, proof that they are dependent on you or there are serious health ground requiring you to take personal care of them
*for unmarried partners, proof of a long-term or durable relationship with you
No other documents may be requested

The web page also makes clear that if a person has an expired visa they will not be expelled during the residency registration process.

Thus, the original poster does not even need to get married; if she has proof of a long-term or durable relationship with her boyfriend, she can register him and he will get a residency card in Spain.

A visa grants entry into a nation, but the residency card is what allows people to remain there (and re-enter if they leave but have a valid residency permission).  For example, I entered Spain two years ago on a non-lucrative visa, but that visa runs out after 90 days; my residency card is what allows me (a non-EU citizen) to remain.

Papa.   Sorry but although your quote is correct,  in order to be in spain thus to be able to apply for residencia, if one requires a visa to be here, it must be valid in order to start the application.  If not then one is illegal   

Once one has started the application procedure, that the visa runs out is not a problem

But if you come into Spain from another Schengen nation, you don't need to show a visa; and the EU regulation is quite clear, the authorities cannot ask you for a valid visa in the residency permitting process.

Thus, someone with an expired visa can apply. The documents required to apply are listed and nowhere on there does it say "current visa".

I have replied to papa by private message

As it turns out, the Spanish government's web site also lists the requirements for this situation, and it also does not say that a valid visa is required.  The documents required for making this application can be found here:

http://www.interior.gob.es/en/web/servi … familiares

PapaLima wrote:

You need to consult with an attorney. That is simply all there is to it.  Your situation is difficult enough and rare, so the odds are very much against anyone on this forum being able to help.

The main thing you need, I would assume, is to be able to get married. If you can do that, then now your non-EU fiancee is a non-EU spouse, and his rights to live within the EU are much, much stronger.

So rather than worry about visas or residency, I believe your focus should be on figuring out how to get legally married without him leaving the EU, because that way he is already inside the EU and will not need another visa to get back in.

But again, you need a lawyer, not the uninformed opinions (including mine!) on this site. 

So for someone who wrote that you will not stop adding information. 
The OP has explained the Visa for her partner has run out. That alone is a reason for possible deportation.
However, you have said several times that they could get married even though there is no visa required. That maybe true, but they have to be married before the OP's partner can be allowed to stay in Spain. Until then there are no family links. what advice can you give them then?
Also I would like to say that if the person who has over stayed does not get arrested before or during the marriage, the registration of marriage could be linked back to the over stay and as a consequence they can be deported at any time.
Personal records are kept on file: I have a Spanish friend who was picked up about an event, that was over ten years previously. It was a mix up and in fact things had been settled, but after 10 years and the GC comes a knocking on your front door all comes as a bit of a shock.

Good post Ribeira

I think this post has gone on for long enough.

At the end of the day as in any country, you overstay your visa you are breaking the law (And will be deported).  I am sorry but if you wanted to marry you should have done that before the visa expired.  Immigration across the whole of the EU including refugee status is increasingly to be tough and difficult.

You can go to a lawyer, but I am telling you now, it will be money down the drain and that is if they take your case. Do you have €€€€€€'s to spend?

My only advice is to do it through the proper and official channels. This is not what you wanted to hear, but alas its the way it is.