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Posted

I am marrying a thai girl next year and expecting to return to Spain with her next april

from other threads I am fairly clear about the procedure for registering the marriage in the UK through the embassy.

I need some advice on the visa application.

1. we will be resident in spain but is that the best first entry country to apply to ?

2 will the English translation of the Thai marriage certificate require a further translation (to spanish eg)

3 Are there TB certification procedures as with UK visa ?

4 Will it be necessary to show remittances for family support

5 Will a Residencia, NIE certificate and empardromento be sufficient Spanish documentation? but I do not have a hacienda and am officially a pensionista

6 Are there any other tips from members who may have gone through the same thing.

Posted

OK I did this with my wife and it is simple

You do not need anything much if I remember. Your NIE and marriage cert in Thai and Spanish her passport. Simple form they will tell you that you only need to fill the min info.

She should get a 3 month visa, when you get to Spain get her NIE to qualify you should work at least until the NIE is in the bag.

The moment you put in for her NIE the VISA is void and she can stay until she gets her NIE this is her visa and becomes permanent after 5 years.

Under EU law the Spanish should issue it in 90 days.

I am in La Linea and work in Gib, where will you be?

Good luck ask me if you need any help. Graham :o

European law states that a citizen of either a European Union (EU) or European Economic Area (EEA) country may exercise various rights in the other member countries. One of these rights is to work and/or reside in the member country of choice. Additionally, an individual exercising such rights is free to be accompanied by any immediate dependants, even if the dependant is not a citizen of a member country. In such a situation, the dependant is issued with a family permit which is free and is, generally, given with the minimum of enquiry. The applicant merely has to establish that they are related as claimed to the EU principal, and to show that they can be maintained without claiming benefits in the host country. The irony of this is that it is therefore easier, for example, for a German to take his/her Thai spouse to the UK than it is for a British citizen.

However, these less stringent procedures also apply to the spouses of British citizens who hold dual nationality of the UK and an EU/EEA country. For the purposes of their spouse’s family permit application, the principal just presents themselves as being the relevant EU/EEA nationality rather than being British. Therefore, if you are British but are also of another EU/EEA nationality, you may wish to consider applying for a family permit for your spouse rather than either a visit or settlement visa. Remember, settlement visa ฃ260, family permit, no charge and easier to get.

Furthermore, the procedures described above are additionally applicable in relation to a British citizen who has been living/working in an EU/EEA country other than the UK, unless he/she is taking their spouse to the UK for a visit in which case a visa should be sought. For a settlement application, he/she can claim to be an EU/EEA national rather than a British citizen.

Having described the pros of a family permit, it is only right that I present the cons which are, basically, 2-fold. Firstly, the holder of a family permit will not qualify for indefinite leave to remain in the UK until they have held a family/residence permit for 5 years (with a settlement visa it’s after 2), and, secondly, as the family permit holder’s rights are derived through the EU/EEA spouse, the permit is only valid whilst the spouse is in the UK. Should the holder ever seek to enter the UK when their spouse is neither travelling with them nor already in the UK, a separate visa would be required.

Posted

I forgot to say you do not need to have TB cert and go direct to Spain. We have been all over Europ with no probs. Good luck again. Graham

  • 3 weeks later...
Posted

so the correct procedure would be,

1. affirmation of marrige

2. translate document

3. go to amphur

4. go to spanish embassy with correct documents, apply for visa.

passport, NIE cert, nomina's?, TB cert? marriage cert translated into spanish, anything else? does she need to show any finiancial info etc..

cheers

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