Entry Visa in Spain for Family Member of EU Citizen – Reunification - PowerPoint PPT Presentation

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Entry Visa in Spain for Family Member of EU Citizen – Reunification


The beneficiary of the family member (non- EEA national) of EU Citizen exercising his FREE movement rights under the council directive, would need to get an entry visa from the consulate office of his/her country of resident or citizenship and when arriving to Spain, within 1 month a family member must register and submit an application for a residence card (article 10 of the directive) at the nearest police station in Spain. For your VISA APPLICATION ASSISTANCE IN SPAIN, contact VISA ONLINE ASSISTANCE by sending an email at info@visaonlineassistance.com for more information. – PowerPoint PPT presentation

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Title: Entry Visa in Spain for Family Member of EU Citizen – Reunification

Entry Visa in Spain for Family Member of EU
Citizen Reunification
  • Our x client from the Philippines has been
    denied thrice an entry visa (Schengen Visa) for
    Spain to visit and join in British husband who
    currently resides as self employed person in
    Spain. The embassy has refused her Schengen Visa
    Application on the grounds of the marriage is
    not certified or recognized by the UK Government
    since, they took their vows and get married in
    the Philippines without any affirmation or under
    oath statement from the U.K Embassy Manila and in
    the ground, that the relationship is not proved
    and apart from a time of a marital coexistence of
    a least one year continued. The couple is married
    in 2015 through a civil ceremony and that they
    have had submitted a marriage certificate issued
    by local civil registry office the National
    Statistic Office.
  • Although, as we may know certain nationality
    (non- EEA national) who wishes to apply for an
    entry visa to join their Spouse or Partner in
    Spain may vary the lists of requirements when
    submitting an application to have an entry visa
    application be processed and approved by the
    Spanish Consulate Office, of your country of
    resident and citizenship. It is noted for this
    application, that the embassy requires a marriage
    certificate recognized by the Government of the
    corresponding EU national. Her husband is a
    British national and had exercised his free
    movement rights in other Schengen member in
    particular in Spain and therefore, his family
    member (spouse), should also have the right to
    join him in accordance with the Journal of
    European Union, directive 2004/58/EC of the
    European Parliament and of the Council- on the
    right of the citizen of the Union and their
    family member(s) to move and reside freely within
    the territory of the Member States. The issue
    sought by the embassy in regards to their
    marriage which do not directly addressed the
    implications of the marriage were not recognized
    by the UK government but on the preference that
    the marriage certificate must be recognized or
    accredited by the UK Government.

  • However, as we reiterate they have been married
    in the Philippines and not in the U.K, it is
    impossible to have the registration of the
    marriage certificate be recognized or accredited
    in the U.K as to the note letter from UK Visa
    Immigration for Manila listed in their website
    It is not possible to register in the UK a
    marriage celebrated in a foreign country.
    Generally speaking, however, if a ceremony is
    considered valid in the country where the
    ceremony was performed both parties to the
    marriage had the capacity to marry under the law
    of the country of domicile and both parties of
    the marriage consented to marry the other, then
    the marriage is likely to be recognised in the
    UK. UK marriage certificates are not amended or
    updated after the couple divorced. Well in
    fact, their marriage is solemnized by a public
    official in her town for the purpose of meeting
    article 8 of the family code of the Philippines
    in line with the registration of their marriage
    certificate at local civil registry office, for
    art 9.
  • It is also worth mentioning the provisions of
    Royal Decree 240- 2007, dated February 16, 2007,
    Article 2, it applies, whatever its
    nationality, and in the terms provided by it, to
    "members of the family of a citizen of a Member
    State of the European Union or from other States
    party to the Agreement on the European Economic
    Area in favor ofa) your spouse, provided that
    the agreement or declaration of nullity of the
    marriage bond, divorce or legal separation has
    not fallen. "These citizens, according to article
    3.1, have the right to enter, leave, move and
    reside freely in Spanish territory, following the
    fulfillment of the formalities foreseen by said
    Royal Decree of 2007, which implies the need of
    entry visa for non-EU relatives. The entry visa
    application for family member(s) of EU Citizen
    may only be refused as indicated in Royal Decree
    of 2007, article 4, paragraph 3- Decisions to
    refuse applications for a visa or for entry into
    the country by persons included in the scope of
    this Royal Decree must be duly supported. Such
    decisions must indicate the reasons for refusal
    (either failure to support the application as
    required by this Royal Decree or reasons of
    public policy, public security or public health).
    The reasons must be made known to the applicant
    except where this would be contrary to State
    security.  For assistance in your visa
    application to Spain or if your visa has been
    refused and wanting to reapply? Contact Visa
    Online Assistance by sending an e-mail at
    info_at_visaonlineassistance.com or visit
    www.visaonlineassistance.com for more information
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