Getting Married In Spain: General Overview and Legal Issues For Foreigners In Irregular Situation
It is a fact that most foreigners deciding to marry in Spain choose to engage legal representation to guide them through the legal aspects of their marriage (a procedure that may appear to be -deceitfully- as straightforward as applying for a NIE), the reasons behind this decision being clear: legal and administrative complex laws and regulations, protracted timescales, unexpected requirements from Government offices, language barrier…etc.
The process to be followed for the validation and correct attestation by the different authorities abroad often leads to a tiring and exasperating process. There is not an homogeneous approach nor consensus in the listing of the required documentation and, in all fairness, Spanish authorities are not to be fully blamed for each country has different rules: for instance, a German citizen that wants to celebrate his/her marriage in Spain will not only need a birth and marital status certificate, but also a marriage capacity certificate that indicates if he/she is particularly able to marry the person chosen. This also happens to French citizens. For other nationalities, mainly those from Islamic countries, a certificate that states the applicant is not married to someone else will also be required as, in some of those jurisdictions, polygamy is legally recognized.
Therefore, it is not possible to offer a definitive time-frame for the process to be ended though, at least, these are the confirmed stages, common to the core procedure:
- Formal application form that has to be filed at the Civil Registry of the town where the union will take place, to be filed together with the documentation.
- Interview to bride and groom.
- Appointment with witnesses that will jointly sign the petition to the Judge.
- Obtaining the authorization from the Courts of Justice of the particular town so the marriage can be celebrated.
Following this authorization, available dates are offered to the couple.
Another relevant issue is the question hundreds of foreigners ask themselves every year, especially those who are in an irregular situation in Spain and wish to formalize their personal relationship with a Spanish resident:
Can I still marry in Spain if I am irregular?
The answer to this, which has not changed for many years, is YES. And additionally, the law also grants equal rights to civil law partnership although, as envisaged, formalities will differ depending on the town where partners wish to register such formalization:
- Some municipalities issue temporary by-laws based on recent irregularities, or either set fixed limitations as a consequence. For instance, only processing marriages and not Common Law partnerships for irregular foreigners ( see Cataluña (http://sociedad NULL.elpais NULL.com/sociedad/2012/05/01/actualidad/1335899751_106907 NULL.html)).
- Some municipalities set that it is mandatory that one of the parties has been registered in the Town Hall ( empadronado ) for at least two years. This happens, for example, in the City of Malaga and surrounding districts ( Alhaurin de la Torre, Churriana, etc )
In line with the above, a further question that arises is
If a partner is in Spain irregularly and getting out of Spain implies the prohibition to re-enter in the following 12 months, how will he/she be able to arrange and gather the required documentation and legalization from the foreign authorities?
There are various options:
- Granting a Power of Attorney to his/her relatives or a legal representative in the home country to make dealings in his/her behalf.*
- Requesting assistance from Consular and/or diplomatic offices representing their home country in Spain.
*For Moroccan citizens, the previous registration of the applicant in the consulate is required to be able to deal with administrative matters. The applicant must have been registered ,normally, between 6 months and a year prior to any administrative request.
The current Policy framework allows for an ample discretionary nature on the part of the Civil Registries when determining the requirements, something that pushes foreigners to finally seek for legal aid and support,
Below is a list of the most commonly required documentation, as well as the legalization procedure for foreign official documents to be valid in Spain:
- Official Application form
- Passport copy of each partner
- Copy of the Residence card/certificate of the residing party
- Certificate of Town Hall Registration ( Empadronamiento ) and Joint Registration certificate (volante de Convivencia ), if required.
- Birth certificates of each partner ( attested as legally required and translated into Spanish by a sworn translator )
- Marital Status certificate and marriage capacity certificate for certain nationalities.
We include here the informative page (http://extranjeros NULL.empleo NULL.gob NULL.es/es/informacioninteres/informacionprocedimientos/documentos2/108 NULL.pdf) that describes in detail the foreign documents legalization process.
We welcome readers’ comments on particular obstacles, exceptional requirements, frustrating experiences and any other similar circumstances they may have found themselves in when dealing with the subject matter of this post.
Hi, can i get marry with a British national girlfriend being illegal resident in Spain?
I came in Spain two months ago without a valid visa. my British girl friend want to come and marry me in Spain. If yes after get married can i apply for Spanish citizen? how long it will take? What is the procedure?
I would be glad if you help me by giving me those information.
Many thanks,
Foysal.
@foysal
I have the exact same question! If you find out let me know! doubleu2@gmail.com (doubleu2 null@null gmail NULL.com)
How can i get marry in spain,im from philippines and my boyfriend is a spanish national.what documents do i need to prepare for the procedure..
Thank you so much.
Zeny
Hi Please i need your help as well as your advice. I am a Nigerian who came to spain with Spainish Tourist Visa but decided to visit Sweden where my visa expired as i can not go back to spain.
Now i want to get married with a Swedish girl, but i don´t want to go to my country as i will face difficulties in Life.
I really want to know if it will be possible for us to get married and the requirements in Spain.
Your candid response is highly expected.
Thaks for your anticipated coperation.
Your sincerely,
Buddino.
Hello,
Please I have a situation here in Spain I have lived in Spain for 15 years but I got my first resident card 2003 after that I renewed it 2004 to get 2year resident card. After my 2 years card expired I applied for renewal and it was rejected because I didn’t work for up to one year. Then later in the year 2007 I solicited for another resident card with a 3 years proof of living in Spain and it was approved. So to cut the long story short the second 2 years resident permit that I have expired in the year 2013 and I applied for the renewal and it was denied.
Please what will I do now can I still be able to apply for another resident card? What do I need to apply for it?
Waiting for your reply,
Thanks
Gozie
Dear Buddino,
The process is explained in detail on the article. The first step is that the EU citizen settles here. Also, I do not know if you can marry in Sweden, as a Swedish marriage certificate can also be validated in Spain in case you decide to settle here.
Regards,
Hello Gozie,
We need to know if you applied for the long stay residence card and on what grounds was the last application rejected. Also, have you been a legal resident for 5 years already? ( before her rejection).
Anyhow, you need to have a job offer, or be registered at the Unemployment benefit to access any type of residence permit.
Regards,
Hello Zeny,
You can marry in Spain even though you have not got a residence permit. However, as you will need documentation from the Philippines 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.
One of the documents the Civil Registry will require is the Certificado de empadronamiento; that is, the town Hall certificate that indicates you and your partner live in the same dwelling. 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. You can get a list of the documentation required from the corresponding Civil Registry in Spain.
Let me know if you have any more questions.
Regards
Hello Jim, Foysal
Thanks for your comments on the article.
I replied the questiosn by email back in September but just to put some info here for anyone that needs the information as well:
You can travel to Spain and get married in Spain without any problem, however, it could be convenient that you had arranged some documentation from your home country beforehand, such us your birth certificate and marital status record, duly legalized to be later on translated into Spanish.
Once married, you would qualify to apply for the residence card as relative to an EU citizen, based on your family relationship with an EU citizen residing in Spain, however, and in order to meet all and each of the requirements, you will need to register your marriage at the corresponding Civil registry ( If you marry in Spain this will be done right after the wedding ) , get the certificate of empadronamiento where you both appear as couple living together in the same house and then, the most important document, that is the marriage certificate with a minimum validity of 3 months, that needs to be accordingly translated into Spanish and legalized ( if you married out of Spain ). Your NIE Number will be obtained on the spot on the day of the application at the immigration office, but the residency approval can take around four months.
Bear in mind that if you marry a Spanish citizen, you can apply for the Spanish Nationality after one year of legal residence in Spain but if your spouse is not a Spanish citizen, like in the query´s case, you will have to wait for 10 years to be eligible for Spanish nationality.
It is the best option to hire the services of a solicitor in order to arrange the documentation and assemble the application package so you are not missing any document, and can assure the marriage is legal and accordingly proved. Also, a solicitor will arrange the appointment at the immigration office and follow up the case from beginning to end, that is, until the residence card is issued.
Regards,
Hi I need your help
I leave with my boyfriend in German I’m illegal here I don’t have documents but he does he’s a Spain citizen but he stays and works in German now we want to get married how can we do that? Does he have to move back to Spain and stay there to marri me or do we just need to go to Spain and get married there and come back to German as husband and wife? Please help thank you
Sami
What are my options @Nicole
@Nicole
Hello Sami
If you wish you can marry in Spain. You will both need to submit the required documentation at the corresponding Spanish Civil Registry and get married. Once you are married, if you decide to settle in Spain, there is a residence card application process available, though that would mean your Spanish partner would also settle here. If your plan is to settle in Germany, you will need to check the Immigration regulations there for relatives of EU citizens.
Regards,
Hello Patricia
hope You are Good. i read your article this is so helpful for peoples. i really appreciate your work.
i have same kind of situation . I just arrived few days before in Malaga Spain from Uk but i am from Pakistan and i am irregular here and also my Passport is expired . i came here for merry with my Spanish girl friend. can you please guide me what i need to do first and how long its take for all process until i get permit to stay here?
regards
Asif
Hello Asif,
Thanks for your comment.
First of all, please be aware you need to renew your passport, as a valid ID is required to be able to file the marriage application.
Then, you need to start gathering all the certificates required by the Civil Registry in Malaga: Birth certificate, marital status certificate issued by your home country and translated into Spanish. With those documents, plus your passport and some other forms that need to be filled out and signed , you will be able to file the marriage application at the Civil Registry.
I am sure your Spanish girlfriend can help you with the procedure at the Civil Registry, as it is quite simple. You will also need to ask her to register you with her Spanish address.
In Malaga, the average amount of time to finally get a Wedding celebration date is 8 months.
Regards,
Am a Nigerian living in Sweden I have a Swedish girl friend and we agreed to marry,and I want to come to Spain to apply for marriage pls I want to know how long month or days it will take me before the approval of our wedding if I meet all requirement document…..for marriage…and how long it will take for me to have first Spainish residence permit. Thanks Godbless .
Hello King
You can certainly marry in Spain and the amount of time the authorization to get married will take is going to depend on how quick you can get the required documentation filed at the Civil Registry and how busy that particular Registry is. I believe the average amount of time is 6 months. Once you are married, you can apply for you residence card as the relative of an EU citizen. It takes no more than 3 months to get a reply from the Immigration Office.
Regards
Hello Patricia
i really appreciate you work. Its helpful for lot of peoples.i have slimier situation then Asif.
i am from Spain and i live in Malaga.
i am married with Pakistani guy in London as Islamic way.we have one certificate from Mosque and then i came back in Malaga and this guy just arrived few days before as well but he is irregular here mean He do not have visa. i read you comment that it takes 8 months to get date for marriage celebration.
i want to know if we need to do marriage again in Malaga or we can use our certificate here. or if we need to do marriage then 8 month period is just for marriage or its for all documentation.i mean after 8 month he will get visa or just marriage will be proved?
After actually how long period we both can travel out from Spain together.
Hello Lucia
Thanks for your comment and nice words.
The first thing you need to bear in mind is that the marriage has been registered at the Civil Registry – The UK Civil Registry in this case. If this has been done, there is no need to marry again in Spain. You do not mention if after the religious ceremony you went to the Civil Registry to formalize the marriage.
In the event the marriage is actually registered, you simply need to request a Marriage certificate from the British authorities, that will have to be attested with the Hague Apostille. Also, a certificate from the Pakistani authorities indicating they accept or recognize your marriage as valid will be required, duly legalized and translated into Spanish. This is how your family relationship will be evidenced for the Spanish Immigration authorities, making it possible for your husband to be eligible for the residence card as the relative of an EU citizen. Furthermore, after one year holding a residence status, he will also be eligible for the Spanish Nationality application, as the spouse of a Spanish citizen.
In my article, I mention that Civil registries can take up to 8 months to finally marry you, or provide with a wedding date. Once married, while the documentation is prepared and the residence card application is processed, another 4 months can go by.
Regards,
I would like to kindly ask you for your help. I am from the Czech republic and my boyfriend is from Morocco. He lives in Spain but his visa expired. We are planning to get married. Is it possible for us to get married in Spain if his visa expired?
After that we would like to settle in Spain.
Would you be so kind and help me with this issues?
Thank you in advance.
Kind regards
Jana
Dear Jana,
Your boyfriend can certainly marry in Spain as long as you are both registered together at the town hall and you have registered as a resident in Spain, being a EU citizen.
Some Civil Registries request that you have been registered at the town hall for at least two years so you are allowed to marry there. You will have to check with the specific Civil Registry to see what are their requirements in this regard.
Then, the usual documentation required involves birth and marital status certificates, that you will both have to obtain from you countries of origin, duly attested and translated into Spanish.
Then, once married, your boyfriend will be eligible for the residence card as the relative of an EU citizen ( providing you are registered as a resident n advance ). The core document of that application is the marriage certificate and proof of sources of income. The card will allow him live and work in Spain during 5 years. After that he will be eligible for permanent residency.
Hi patricia!
My husband and I got married when he is still a Filipino.He petitioned me using his Filipino documents. But few months after I arrived here in Spain my husband’s Spanish citizenship when out. So my question is what will happen to our marriage in the Philippines? Do we need also to declare it here? Your answer will enlighten us.
Hi,
I am a South African citizen living in Spain irregularly as I’m waiting to get married to my boyfriend who is a Spanish citizen. We have submitted all of the required documents. What are the repercussions of me going back to South Africa, if I decide not to go through with the marriage?
Hello Thandi,
I guess you are asking about the repercussions in case that you, after getting the residence card, separate from your husband and go back to SA.
In that case, you would be losing your right to residency only if you divorced and did not come back to Spain for a year. However, if the divorce is never processed, and you spend at least 6 months a year in Spain, you will be able to keep the residency status and even apply for permanent residency after 5 years.
Regards,
Hello Leen
There is no obligation to register your marriage in Spain if it was already registered in the Philippines. In the event you were ever requested a marriage certificate ( for instance for Spanish Nationality application purposes ), you can get it from the Philippine authorities, attested by the relevant Public offices there and then translated into Spanish and legalized.
If you´d rather register your marriage in Spain- that is absolutely possible since your husband is now a Spanish citizen – you can also approach the Central Civil registry in Spain and apply for it. You can find information about this procedure here: http://www.mjusticia.gob.es/cs/Satellite/Portal/es/servicios-ciudadano/tramites-gestiones-personales/inscripcion-matrimonio?param1=1 (http://www NULL.mjusticia NULL.gob NULL.es/cs/Satellite/Portal/es/servicios-ciudadano/tramites-gestiones-personales/inscripcion-matrimonio?param1=1)
Regards,
Hi,
After my civil marriage to a Spanish citizen, what are the steps I need to take to have legal residency in Spain? I am here irregularly, as my 3 month Schengen visa has expired a few months ago. When would I legally be allowed to leave Spain and reenter without any problems? I want to reside in Spain but work in Italy in two months time, but I am still irregular as we’re still waiting for the court to give us the date for the marriage. I’m also thinking about traveling back to South Africa but I don’t know if I will be able to return to Spain without getting into trouble with customs.
Hello my name is Ishant
I am from Delhi, India and my girlfriend is from Spain. We both want to marry and Sattle now so for this she went to various office in Spain. Then we got to know that for marriage we need permission through interviews. She deposited my papers and gave her interview and after two months i received phone cal from Spain embassy in Delhi for interview date. I also gave interview but I am little tensed about it. It was a very basic interview but the question were different and i am afraid that they will reject it for minor mistakes done by me. Like they ask me just she her brother name but they asked her about him. Can you please tell me if there is any problems from there side what we have to do next to get permission for marriage ?
Thank you
With Regards
Ishant
Hi, thanks for your useful article and nice comments. I come from Asia as a student in Portugal and will get married with a Spanish guy in Barcelona. I have the interview marriage at the end of this month (May) and I expect to have the result in July/August, then I can conduct the marriage, obtain the Certificate of Marriage, Libro de Familia, then Spanish residence permit. Problem is my Portuguese residence permit is expired in October, when I think I do not have residence permit yet, due to the long process in Barcelona. After October, can I just stay in Barcelona to wait for the residence permit and NIE, without extending my Portuguese residence? Much appreciated to your advice.
Hello Ishant
I recommend you to first wait to find out if they give you the authorization, as those mistakes may have been minor mistakes, and irrelevant for the authorization. If you are finally rejected, we will need to see on what grounds this has been decided, and what are the solutions provided to appeal their decision. Anyhow, sometimes it is better to re-start the procedure, in Spain if possible, and have a joint interview.
Regards,
Hello Navie
Once you are married, you are allowed to stay in Spain for three months to arrange the residence card application, and once the application has been filed, and it is in process, you can remain with your husband until the application is resolved ( usually 45 days). Therefore, you should not worry about the Portuguese permit expiration. The Spanish authorities tend to be flexible with the relatives of EU citizens who can prove are processing the relevant application to have a regular status in Spain.
Regards,
I am very impressed with the giving approach, attitude, and detailed information and feedback provided here by you Patricia. I am looking to move to Spain in 2017, possibly to live. I will definately be hiring you guys if i need to. Thanks. Lawbird and Patricia rock!
Hello.. I am from Philippines i am irregular in spain and turning 2 years here in Spain and My boyfriend and i planning to get married but his from Sweden IF we will get married is he going to be register with me also for two years? Since he is working in sweden. Waiting for your responce! Thank you..
Raiz
Hello…..i am a Nigerian living in Germany as a refugee. Is it possible to ccome down to Spain to marry my German girlfriend ? Please would appreciate your reply.
Hello Raiz
Your boyfriend must register as a resident in Spain so you can get married here. And also, his residency is imperative for you to apply for a residence permit in Spain, based on your relationship with a Spanish resident. Nevertheless, he can keep his residency status as long as he stays in Spain at least 185 days per year.
hallo….im a refugee in spain and i wanz to get married to my Spanish boyfriend. Am I allowed to get married being that I’m a refugee do I still have the right to get married or not? Because some European countries don’t allow refugees to get married.
Hello Nomi
You can certainly marry your Spanish partner in Spain, no matter you are in an irregular situation, though you do not mention whether you have been granted the refugee condition, officially.
The major issue can be getting the required documentation for the marriage application, as you can´t go back to your home country to collect the birth and marital status certificates, unless you are able to get someone there to get them for you.
Regards,
Hello Dudu
As long as you can enter Spain while on a short stay visa and your German partner registers as a resident in Spain, you can get married in Spain, providing you are able to gather the necessary documentation for the marriage application the Civil Registry requires; birth certificate and marital status certificate mainly.
Regards,
No I haven’t been granted anything because I just seeked asylum like a month ago so Its still in progress. I met my boyfriend a while a go he’s the one who suggested getting married. I have people who can get everything for me from home it’s not a problem. The other thing I heard is you need to have been in Spain for 2 years at least to get married is that true? I’m asking because I haven’t been here for to long I’ve only been here for 3 months. Thank you for your help I really appreciate it.
Nomi
@Nomi
Hello Nomi
Some Civil Registries require that at least one of you has been registered at the town hall for two years prior to the marriage application, but not all registries share the same requirements. I recommend you to make an inquiry at the Civil registry where you wish to get married to find out about their specific requirements. There isn´t a public list of registries showing that information, you need to make a particular inquiry.
Regards,
How soon after marriage to a Spanish citizen can I leave Spain? Do I need to apply for residency first, or does the marriage grant immediate residency?
Hello Thandi
The marriage to a Spanish citizen ( or EU citizen resident in Spain ) does not grant residency rights in Spain automatically.
You need to file a residence card application as the relative of an EU citizen ( click here for information about the requirements and procedure ), and wait for its resolution, that takes around a month or so. You can travel and use your residence card as soon as you get it to enter Spain as a resident when you are back in case you leave the country after obtaining it, but bear in mind that the card indicates you are a resident and that means you are in the obligation to remain in Spain during 185 days per year at least. Otherwise, you´d be at risk of losing your residence status and rights, no matter you were still married to the Spanish citizen.
Regards,
Hola. I am a Filipina engaged to a Spanish guy, and we planned to get married in Spain. I would like to ask if I need to secure a Certificate of Legal Capacity to Contract Marriage??
Gracias
Hello Karen
The documentation required to apply for a marriage authorization at the Spanish Civil Registry is, together with the relevant application form:
• Photocopy of ID cards, passports or residence permits as appropriate. If there are common children , also the family book.
• Complete birth certificate issued by the Civil Registry of the place of birth, duly legalized and translated into Spanish.
• Certificate of registration ( empadronamiento ) : Some Registries require that you prove you both have been registered at the town hall for the last two years.
• If widowed, the applicant must provide previous marriage certificate and death certificate of spouse, duly legalized and translated into Spanish..
• If divorced or annulled marriage, the applicant/s must provide the complete previous marriage certificate, stating the inscription of divorce or annulment, duly legalized and translated into Spanish.
• In case of children aged between 14 and 16 , they must first obtain the exemption from the impediment prohibiting age, processed at the Civil Registry. Those under 16 and 18 must obtain the emancipation by their parents or whoever holds their parental authority. Once emancipated, they must provide a complete birth certificate with full inscription of emancipation.
• Non Spanish citizens must provide with a certificate from the consulate or embassy certifying registration and marital status. The consulate or embassy concerned will also indicate whether a certificate of matrimonial capacity is required.
Regards,
Hello Patricia,
Am Dudu from Rwanda, my fiance is in Madrid and he already got resident permit. I have a Schengen visa and and we are planning a civil wedding next month, i want to know the requirements documents before i come because there is no Spain Consular in Rwanda, the nearest is in Uganda i do not have time to pass to Uganda.
Thank you.
Hello Dudu
Thanks for your comment.
I believe that you are asking whether you need to prepare documentation in order to get married in Spain while on a short visa. The documentation required are birth certificates and marital status certificates, legalized and translated into Spanish. Once you have been granted the marriage authorization, you can choose a date for the marriage.
Right after the marriage, you can apply for your marriage certificate and start gathering the documentation to apply for your residence card based on Family Reunion. That type of permit is applied for by your husband at the Immigration office in Spain and you must be in your home country so you can get the residence visa stamped on your passport, so you will have to go back to Ruanda as soon as your visa has expired after the wedding takes place.
Regards
Hello Patricia,
I am filipina and planning to get married to my spanish boyfriend of 5 years ( actually we already had completed the papers 3 years ago that needed in civil registry but it was denied because my papers from philippines was already expired, then followed the small injury of my boyfriend thats why wern´t able to process the papers again..Now, we are attempting again but the problem is that I dont have empadronamiento for the almost a year, I want to ask if I can apply still the marriage if I dont have the present empadronamiento..Because my boyriend has no work for almost 4 years and only leaving to his mother house and to empadronar there is not easy because the rent of the house will rise (housing protection)-
or if I will go back to my country and we will get married there, is there any possible for re- entry in Spain again?
Please advise me…
best regards
Patricia, I was married in May 2016 to my UK boyfriend who is resident in Spain. The UK embassy in Rabat confirmed there was no registration process in the UK – it appear the UK Civil Registry no long exists – but the UK embassy gave as an affidavit confirming the UK recognises our marriage which the Spanish embassy in Tangier accepted for this purpose.
I now want to apply for a Spanish residents card but am told my marriage certificate cannot be older than 3 months. Is this the case and do you know how I can get it re-issued as I am unaware this is possible?
Thanks
Hello
It is certainly true that the marriage certificate must have been issued maximum 3 months before you file the residence card application.
What you normally do is to get the UK embassy certificate within that time frame and the marriage certificate will have to be reissued by the Moroccan authorities or at least, its legalization cannot be more than 3 months old.
Regards,
Thanks Patricia,
we got the embassy/consular certificate in July and the legalisation of the marriage certificate at the Spanish embassy was also in July.
As such we will not need to get the marriage certificate re-issued?
hello I’m marrying my Spanish boyfriend we applied and gave all the papers the only problem is now I’m illegal and they to us they will give us the wedding date in may 2017 is there any way to speed the process or apply for a another type of visa that gives me a legal status like a fiancé visa or something
Hello Was
Thanks for your comment.
There is no such authorization as fiancé visa in Spain, but the authorities are quite flexible with couples that are in the process of getting married and waiting for the wedding date, so as long as you have the marriage application documentation with you, you should not be worried about your irregular status.
Regards,