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 of:a) 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.
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