Spanish and foreign citizens have the right to marry in Spain, regardless of the legal status of the foreign citizen. It is possible, therefore, to marry an ilegal foreign or a foreign on tourist visa.
The peculiarity in the case of mixed marriages (Spanish-Foreign) is the need to handle a prior procedure record before the wedding celebration. This process is mandatory and is done in the civil registry of the judicial district of residence of any of the parties and aims to determine if both bride and groom are able to marry and check on no deffects of the marriage vows.
So, once this initial procedure is concluded, the judge in charge of the Civil Regsitry will authorize the conclusion of the wedding and once the same, both will become "married under the Spanish civil law", deriving from that time a number of legal consequences of various forms, among which, with its special importance, the benefits of the legislation on immigration for the spouse of a Spanish citizen.
These preliminary procedure is mandatory and must be initiated by filing a series of documents. Each Registrar has its special way of dealing with this issue but as a general rule these documents are required:
By the foreign citizen.
1. Literal birth certificate. Legalized and translated where necessary.
2. Certificate of singleness or, in the case of being divorced, certificate of marriage recording the testimony of divorce or divorce decree. Legalized and translated where necessary.
3. Certificate issued by the Consulate of the country of origin of foreign citizens in Spain which shows the capacity to marry (some Registries do not require it).
4. Certificate issued by the Consulate of the country of origin of foreign citizens in Spain on the need for publication of banns.
5. Consular Registration Certificate issued by the Consulate of the country of origin of the foreign citizen in Spain.
6. Passport or Foreign Identification Number.
7. Certificate of registration in the local census.
By the Spanish citizen.1. Literal birth Certificate .
2. Local Census Registration certificate of the last two years .
3. Passport or National Identification Document (DNI)
4. Life and civil status certificate.
5. In case it is divorced, divorce decree or marriage certificate attested by a marginal entry of divorce.
Regarding the obtention of foreign documents, it must be taken into account:
1. Foreign documents must be properly authenticated, either through:
a) Normal legalization (seal of the issuer of the document, seal of the ministry of foreign affairs of the foreign country, seal of the Embassy of Spain in the foreign country and stamp of the Legalisation Department of the Spanish Foreign Ministry)
b) The Hague Apostille.
c) Some registries allow consular legalization (only the seal of Spain's consulate or embassy or consulate or embassy of the country of origin in Spain).
2. Foreign documents in foreign languages must be translated by an official translator. If the translation is done abroad, it must be authenticated together with the original document.
With respect to documents of the Spanish citizen, it should be noted that the certificate of Local census registration must contain the date of discharge in the register. If within the two years prior to marriage, there are several places of residence. this must be justified with the corresponding certificates of registration for each place of residence.
Once documents have been collected , the couple should contact the Civil Registry of their judicial jurisdiction and submit the file. There, the partners will fill in jury declarations and data sheet and the file will be admitted into procedure. At that time (usually) it will be assigned an appointment for the holding of a reserved hearing. It will also be assigned an appointment for witnesses to appear in order to answer some simple questions about their relationship.
The reserved hearing is one of the most important steps of the mixed marriage record as it is the principal means by which the person in charge of the Civil Registry will determine the existence of vice in the marriage agreement. The reserved hearing will take place for spouses to answer few questions to determine if they really are dating and want to marry in order to raise a family. If the purpose of marriage is not this, marriage can be declared invalid for lack of marital consent. Do not worry excessively about the reserved as bride and groom often pass it without problems.
During the proceedings, edicts will be published in case it is required. For Spanish citizens, these edicts will be posted on the notice board of justice´s Court or Civil Registry of the place or residence of the last two years (unless the town has more than 25,000 inhabitants).
Publication of Edicts for foreign citizens shall be determined by its internal rules to be certified by a certificate from the consulate in Spain.
Once the Edicts are pubished , the case will go to the Prosecutor, who will check it and will state what it is deemed as appropriate through a report. If there is no problem, this will issue an order for the approval of marriage, its notification and will set the wedding date.
Wedding can take place in a different municipality to that of the processing of the application.
Once the wedding is held, they will be given the family book and a literal certificate of marriage.
From that moment, the foreign spouse becomes an EU citizen family member and therefore entitled to residence in Spain in the Community scheme.
In order to apply for this reesidence, they will just have to go to the Immigration Office of their province and submit the following documents:
1. Application form. EX016.
2. Passport.
3. 3 photos.
4. Spanish spouse ID.
5. Marriage certificate.
6. Local Census certificate of registration of both spouses.
7. Social security card of the Spanish spouse.
In about two months, they will receive a resolution granting the residence of the EU citizen's family member. This residence has a duration of five years and allows the performance of work activity as either self-employed or employed person.
By Jesus and Maria L de Castro
Playa de Bolonia, Cadiz; by Chodaboy, at flickr.com
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www.costaluzlawyers.es