Urgent help on marriage to Spanish National - Marrying outside of EU

Hi

My partner and I have been together for over a year now - she is a Spanish national
We plan to get married and have decided to get married in Africa to be with my family
As we have been travelling the world and I have to return to my country of origin to apply for EU visas
We plan to get married in Africa and process a spousal visa using the marriage certificate
The only reason we are doing this is to make it easier to be together as she has to fly home every 6 months for medical reasons and this leaves us apart for 3 months every 6 months

- Do I still need to apply for a short term visa?
- Or can I apply directly for a spousal visa?
- Can we get married and apply directly for the residency permit?
- Once with the family / spousal visa will I be able to enter Spain and stay there indefinitely?
- The only option for us is to go to Africa now as we found out I cannot process a EU visa as a traveller in the foreign country

- Please help!!
- Im sorry, I have read for weeks loads of forums and sites and threads & it all seems very confusing

- What is the best option for us? As we have to go back home to Africa now to make the visa
- So we would like to get married there and do all necessary paper work in order to move to Spain

Thank you so much
I would love any input
This is an extremely frustrating and confusing matter it feels like I want to cry and Im a big black man haha
Please help, we just want to make it easier for us to be together and not have to spend time apart every 6 months

Namaste

Hello Younginlove

You can certainly get married in Africa, but bear in mind that if you wish to enforce your rights as the relative of an EU citizen in Spain or any other EU country, the marriage ha to be registered and validated by the corresponding embassy; the Spanish one in this case.

Please read my replies to your exact questions;

- Do I still need to apply for a short term visa? Yes, to enter Spain you´ll need a short stay visa but if you are married to an EU citizen ( and prove it by means of a legalized Marriage certificate ) there are no financial requirements and the visa application is expedited quickly. This visa allows you to stay in Spain with your spouse during 90 days.
- Or can I apply directly for a spousal visa? There is no such type of visa in Spain. What you are given is a short stay visa as the relative of an EU citizen, and based on EU regulations, you have a right for free movement within the EU. You can only stay for 3 months, regardless the fact that you decide to apply for a residence permit in the corresponding country if you wish.
- Can we get married and apply directly for the residency permit? You can get married wherever you like and, if you intend to reside in Spain, you can fly to Spain and apply for a residence card within 3 months since you enter the country. The core documents are the marriage certificate, duly attested and translated into Spanish and proof of income. Sometimes, it is much easier to just marry in Spain, as you can skip the hassle and costs of the marriage certificate legalization.
- Once with the family / spousal visa will I be able to enter Spain and stay there indefinitely? As I already mentioned, there is no such visa. Once you enter Spain, you are allowed to apply for a residence card as the relative of an EU citizen that entitles you to live and work in Spain for 5 years. After that time, you can apply for a permanent residence card, that grants you permanent right to reside and work, though the card has to be renewed every ten years.

I trust this information will help you take the best decision.

Regards,

Dear Patricia,

On submitting documents to the Civil Registro, I understand one receives an expediente number. on receipt of this number,
1. how long do we have to wait
2. What are the next steps
3. Is there a fast track to get you date

Hoping you can clarify these questions.

Thank you in advance.
Helena