Entry Visa in Spain for Family Member of EU Citizen – Reunification

1
Entry Visa in Spain for Family Member of EU
Citizen Reunification
2

• Our x client from the Philippines has been
  denied thrice an entry visa (Schengen Visa) for
  Spain to visit and join in British husband who
  currently resides as self employed person in
  Spain. The embassy has refused her Schengen Visa
  Application on the grounds of the marriage is
  not certified or recognized by the UK Government
  since, they took their vows and get married in
  the Philippines without any affirmation or under
  oath statement from the U.K Embassy Manila and in
  the ground, that the relationship is not proved
  and apart from a time of a marital coexistence of
  a least one year continued. The couple is married
  in 2015 through a civil ceremony and that they
  have had submitted a marriage certificate issued
  by local civil registry office the National
  Statistic Office.
• Although, as we may know certain nationality
  (non- EEA national) who wishes to apply for an
  entry visa to join their Spouse or Partner in
  Spain may vary the lists of requirements when
  submitting an application to have an entry visa
  application be processed and approved by the
  Spanish Consulate Office, of your country of
  resident and citizenship. It is noted for this
  application, that the embassy requires a marriage
  certificate recognized by the Government of the
  corresponding EU national. Her husband is a
  British national and had exercised his free
  movement rights in other Schengen member in
  particular in Spain and therefore, his family
  member (spouse), should also have the right to
  join him in accordance with the Journal of
  European Union, directive 2004/58/EC of the
  European Parliament and of the Council- on the
  right of the citizen of the Union and their
  family member(s) to move and reside freely within
  the territory of the Member States. The issue
  sought by the embassy in regards to their
  marriage which do not directly addressed the
  implications of the marriage were not recognized
  by the UK government but on the preference that
  the marriage certificate must be recognized or
  accredited by the UK Government.

3

• However, as we reiterate they have been married
  in the Philippines and not in the U.K, it is
  impossible to have the registration of the
  marriage certificate be recognized or accredited
  in the U.K as to the note letter from UK Visa
  Immigration for Manila listed in their website
  It is not possible to register in the UK a
  marriage celebrated in a foreign country.
  Generally speaking, however, if a ceremony is
  considered valid in the country where the
  ceremony was performed both parties to the
  marriage had the capacity to marry under the law
  of the country of domicile and both parties of
  the marriage consented to marry the other, then
  the marriage is likely to be recognised in the
  UK. UK marriage certificates are not amended or
  updated after the couple divorced. Well in
  fact, their marriage is solemnized by a public
  official in her town for the purpose of meeting
  article 8 of the family code of the Philippines
  in line with the registration of their marriage
  certificate at local civil registry office, for
  art 9.
• It is also worth mentioning the provisions of
  Royal Decree 240- 2007, dated February 16, 2007,
  Article 2, it applies, whatever its
  nationality, and in the terms provided by it, to
  "members of the family of a citizen of a Member
  State of the European Union or from other States
  party to the Agreement on the European Economic
  Area in favor ofa) your spouse, provided that
  the agreement or declaration of nullity of the
  marriage bond, divorce or legal separation has
  not fallen. "These citizens, according to article
  3.1, have the right to enter, leave, move and
  reside freely in Spanish territory, following the
  fulfillment of the formalities foreseen by said
  Royal Decree of 2007, which implies the need of
  entry visa for non-EU relatives. The entry visa
  application for family member(s) of EU Citizen
  may only be refused as indicated in Royal Decree
  of 2007, article 4, paragraph 3- Decisions to
  refuse applications for a visa or for entry into
  the country by persons included in the scope of
  this Royal Decree must be duly supported. Such
  decisions must indicate the reasons for refusal
  (either failure to support the application as
  required by this Royal Decree or reasons of
  public policy, public security or public health).
  The reasons must be made known to the applicant
  except where this would be contrary to State
  security.  For assistance in your visa
  application to Spain or if your visa has been
  refused and wanting to reapply? Contact Visa
  Online Assistance by sending an e-mail at
  info_at_visaonlineassistance.com or visit
  www.visaonlineassistance.com for more information