Search:     Go  
The Spanish Lawyer Online
The Spanish Lawyer Online
+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread: Tarjeta de residencia through marriage: Are the documents from the Consulado enough?

  1. #1
    Junior Member
    Join Date
    Jun 2009
    Posts
    2

    Default Tarjeta de residencia through marriage: Are the documents from the Consulado enough?

    Question about marriage to a Spaniard, visas and residency. I've read through the posts on here and haven't found anything about my question.

    Does a certificate issued by the Registro Civil Consular of the Spanish consulate count as having been issued by the Registro Civil espanol?


    I'm a non-EU citizen and want to marry my Spanish girlfriend. We plan to marry outside Spain.

    I currently have no residency in Spain or the EU. I hope to get a Spanish residency card based on our marriage as soon as possible, so that I may begin to live and work legally in Spain.

    The Oficina de Extranjeros has a document (www . graduados-sociales . com / extranjeria / 48 . pdf) [sorry for the spaces in the link, it won't let me post a hyperlink otherwise] which states that to apply for a residence card as the spouse of a Spaniard, you need:

    "certificado literal de matrimonio expedido por el Registro Civil espanol, con una antiguedad no superior a tres meses"

    (translation: literal certificate of marriage issued by the Spanish Registro Civil, not older than 3 months)

    The issue affecting me is the interpretation of "expedido por el Registro Civil espanol".

    Does the certificate issued by the Registro Civil Consular of the Spanish consulate count as having been issued by the Registro Civil espanol?

    The Consulado de Espana told me that they will issue me a Libro de Familia and a Certificado Literal de Matrimonio within a week of our marriage. They confirmed to me that 100%, absolutely 100% for sure, that these documents are sufficient to receive the Tarjeta de Residencia. They confirmed that the Registro Civil Consular is 100% the same as the Registro Civil espanol.

    However, many forum postings from both individuals and lawyers are absolutely convinced that this is incorrect. They say what the consulate gives is NOT sufficient. I need to get the Certificado Literal de Matrimonio from the Registro Civil Central in Madrid... and that this is taking at least 18 months right now.

    And I can't get any information from the Oficina de Extranjeros.

    I'm really confused. If the Consulate documents are sufficient, I can apply for my tarjeta de residencia and begin working relatively quickly, say within a few months. But if I need to wait for the Registro Central to issue the documents, it will be at least 2 years before I can reside and work legally in Spain. It's a huge difference, and really affects the lives of my girlfriend/future-wife and me.

    Anyone have any idea what is correct? I'd really appreciate any help!

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Posts
    312

    Default

    Hi Michael,

    If your marriage took place outside Spain, then it will need to be inscribed at the Registro Central de Madrid.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  3. #3
    Junior Member
    Join Date
    Jun 2009
    Posts
    2

    Default

    Dear Marta,

    Thank you for your kind reply.

    You write:

    If your marriage took place outside Spain, then it will need to be inscribed at the Registro Central de Madrid.
    I agree that an overseas marriage will eventually be inscribed at the Registro Central de Madrid.

    My question is different, though, and I'm sorry if I was not clear.

    I'm asking whether the Certificado de Matrimonio from the Registro Civil Consular of the Spanish Consulate is sufficient for the tarjeta de residencia, or if you need the certificate from the Registro Civil Central.

    If a Spanish citizen and a non-EU citizen marry in a country outside Spain, the first step is to inscribe the marriage at the Consulate of Spain in that country.

    The Spanish consulate will give you a Libro de Familia and a Certificado Literal de Matrimonio. Depending on the consulate, the time it takes could be from one day to many months (I'm told that in Latin America it takes months, while for most other countries, it's less than a week).

    The consulate will also forward all your information to the Registro Central in Madrid.

    My question is whether:
    1) You can take the documents which the Spanish Consulate gives you - the libro de familia and the certificado literal de matrimonio del registro civil consular - and with those documents get the tarjeta de residencia de familiar no comunitario de ciudano de la Union (assuming the documents have been issued within the last 3 months).

    OR

    2) The documents from the consulate are NOT enough to get the tarjeta de residencia and you have to wait until you get the certificado from the Registro Civil Central de Madrid.

    The difference in time and the effect on the lives of the marriage partners between these 2 possibilities is very large. If the documents from the Consulate are sufficient, then you can get the tarjeta de residencia within a few months of the overseas wedding. But if you have to wait for Madrid to give you its inscription, then you might have to wait 18-24 months before getting the tarjeta de residencia.

    Thank you!

  4. #4
    Unregistered
    Guest

    Default

    I am a Canadian citizen who recently applied for and is waiting for my tarjeta de residencia. My husband (Spanish citizen) and I got married in Canada.


    Before coming to Spain, I applied for the libro de familia at the Spanish consulate in Canada. I was told that the tarjeta de residencia cannot be obtained overseas as the procedures require the applicant to be present in person in country at the specific offices.

    Once in Spain, we made an appointment at the Oficina de Extranjero. There, we filled out a one-page form, showed the libro de familia, gave copies and photos, and received a document directing me to the local Cuerpo Nacional de Policia on a specific day (2 weeks) in order to finalize the process to obtain the tarjeta de residencia. I was also issued a NIE (Identification Number for Foreigners), which is necessary for all sorts of things here such as opening bank accounts, getting a mobile phone, work, etc.

    My husband went to ask the police authority there and was told the tarjeta would be physically issued, after I present myself on the specified date to be processed, in about 1-2 months. At that time, I will have to come in person to pick up the tarjeta.

    The category of tarjeta would be an initial card for family members of EU citizens, which is for 5 years and renewable for 10 years. From what I understand, after one year of continuous residency in Spain I can petition for citizenship upon proof of integration into Spanish society.

  5. #5
    Senior Member
    Join Date
    Oct 2008
    Posts
    312

    Default

    Correct. In your case, the requirements for requesting Spanish citizenship are: A) having been married to a Spaniard for one year B) Having resided legally in Spain for one year. Your legal residence period will start counting from the date which appears in your residence card.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  6. #6
    Junior Member
    Join Date
    Jan 2010
    Posts
    1

    Default

    To the Canadian citizen,

    Did you get a residence visa before coming to spain or were you able to apply for the tarjeta de residencia with just a tourist visa?

  7. #7
    LVC
    Guest

    Default

    @Michael75, I have exactly the situation you mention. Was the libro de familia given to you by the consulate abroad enough to get the tarjeta de residencia?? Thank you very much in advance

  8. #8
    Unregistered
    Guest

    Default libro de familia

    Hei i live in spain and have no residence here..i wanted to marry here and get libro de familia and i wanted to know
    What libro de familia is what i can do with it.can i travel to all schengen
    Area on this book? With out residence ? Is this book is legal to teavel on

  9. #9

    Default

    Hello,


    A Libro de Familia is only used for national purposes and to indicate if you have a spouse and children registered in a Civil registry in Spain. This document does not allow you to travel freely around the Schengen area; that is, you will need a residence permit, based on the family relationship you have with a Spanish citizen or EU citizen residing in Spain.

    If you need more information about the type of residence permit suitable for your particular case, please do not hesitate to contact us by e-mail.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  10. #10
    Unregistered
    Guest

    Post marry with non Spanish citizen

    If I register marry any other European country except Spain.can I register my marriage in Spain with my marriage certificate which is issued different country.and then can I have libro De famila.but my spouse not a Spanish she is polish citizen.but living Spain more than 3 years .

+ Reply to Thread

Tags for this Thread

Bookmarks

Posting Permissions

  • You may post new threads
  • You may post replies
  • You may not post attachments
  • You may not edit your posts
  •