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Hello
Me(I'm not from the EU) and my boyfriend(is spanish and has been living all his life in spain) decided to get married , However, I have a german resident permit which about to expire ,so it will be expired before the day we will get married in, and the thing is i can apply right now before it expires but i lost my passport and it takes 8 weeks to get a new one ,
so the question is ?can i get married to my spanish boyfriend even if Im gonna be illegaly(over stayed) in spain ?
Regards
Hello Stifler,
You can marry in Spain even though you have not got a residence permit here or in Germany. However, as you will need documentation from your home country to file at the Civil registry to apply for the marriage authorization, you may have to go back to your country, unless you can get all the documentation sent over to Spain.
The Certificado de empadronamiento; that is, the town Hall certificate that indicates you and your partner live in the same dwelling, will be required by the Civil Registry. This can be done very easily and you are not required any other document than your passport, the rental contract or house deeds in case the property is owned and the last water and electricity bill. If the house in rented, your landlord/lady will have to agree in writing for you to register at the property. Or, you can just register at the same address of your partner/boyfriend, if he is already registered.
I recommend you to read this article about Getting Married in Spain when being in an irregular situation: Getting Married In Spain: General Overview and Legal Issues For Foreigners In Irregular Situation. This will help you understand the process and problems you may find.
With regards to your passport, if you have a valid travel document it may serve the purpose, but I recommend you to file a passport copy just in case. During those 8 weeks you can get the other remaining documents the Civil Registry requires ( birth certificate and marital status certificate ).
You will be able to apply for the Spanish Nationality once you have been a legal resident during one year in Spain and the process takes about one more year.
Regards,