Non-EU spouse of EU citizen - documentation/legalisation requirements?
Posted: 31 May 2012 01:29 PM  
Tourist
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Total Posts:  2
Joined  2012-05-31

Hi all,

A bit of background:

- I’m a UK citizen (husband Rob)
- My wife, Huong, is Vietnamese
- We stayed in Barcelona for almost 3 months last year (2011) and loved it so we’re going there to live for at least a year but hopefully more 😊
- We’re dragging our 2 year old daughter, Jasmine, with us (UK/Vietnamese citizenship)

If I’ve been too waffly but you’re keen to help then jump to the bold heading below where I summarise our questions.

We successfully received a (Family EU) Schengen visa, for my wife, from the Spanish embassy here in Hanoi, Vietnam. The process was a little confusing but once the correct paperwork was provided it arrived within 2 days.

We’ll assume my application as a UK citizen is straightforward (I’ll be remotely working for a UK company so apparently I’ll be considered self-employed so need to demonstrate income and savings - a “Your Europe Advice” enquiry suggests I’m fine).

We now believe the following is required for Huong (this is taken from here - http://barcelona.angloinfo.com/countries/spain/residency.asp):

1. Valid passport (or a copy of a renewal application)
2. Signed application form EX19 (Solicitud de certificado de registro como residente o Tarjeta de residencia de familiar de ciudadano de la Union)
3. Proof of family relationship with the EU citizen (such as a marriage certificate, proof of partnernership registration, birth certificates for children)
4. Identification (passport) or DNI (Spanish citizen) of the EU family member
5. Three recent colour passport photographs

Now the item I’m interested in (as it probably requires we do something in Vietnam and we’re here at the mo’) is item 3. For the proof of family relationship we have a Vietnam issued marriage certificate (they issue 2 originals when you’re married). Apparently Spain requires documents are less than 3 months old - presumably this is at the time they are submitted - if so are the originals issued from the beginning of 2011 not valid?

If I assume the originals from 2011 are not valid I will need to get some originals reissued. A painful process here in Vietnam but we’re used to it.

I submitted a “Your Europe Advice” enquiry recently and was informed that the process for legalising documents for use in Spain requires the following:

“... the consular system of legalisation applies. This means that your marriage certificate must be authenticated by the Vietnamese Foreign Affairs Ministry, and then authenticated by the Spanish Consulate in Vietnam. Lastly, legalisation is completed by the Spanish External Affairs Ministry. Only then will the marriage certificate be legalised under Spanish law.”

So, Vietnamese marriage certificate in hand, I believe I then get a translation into English or Spanish? English is obviously much easier to find here in Hanoi. Once the translation and the original are ready I take them for legalisation here by the Vietnamese Ministry of Foreign Affairs (this again I’m familiar with).

Now, do I then need to get them authenticated by the Spanish embassy here in Hanoi - what is this? As Vietnam isn’t party to the (Hague) Apostille treaty does this mean the Spanish embassy is providing this?

Lastly the Spanish External Affairs Ministry needs to legalise this reissued, translated, legalised, authenticated document? Where is this? I’m guessing this exists in Spain given the name and hopefully in Barcelona. Ideas?

I think that’s it then. Blimey.

I tend to waffle a bit so to summarise my questions:

A. Does my marriage certificate need to be issued ‘afresh’ so that it’s less than 3 months old when we submit it along with the ‘residence’ application?

B. The Spanish Embassy needs to authenticate the marriage certificate and translation - what is this? (Note that it will already be legalised by the Vietnamese Ministry of Foreign Affairs.)

C. The Spanish External Affairs Ministry needs to legalise the marriage certificate (been through a lot already) - what is this? Where do I do this?

Other minor queries:

D. “Your Europe Advice” suggests that translations into English is sufficient, is this really the case or should I ensure we have a Spanish translation of the marriage certificate?

E. When Spain says it requires all documents issued to be less than 3 months old does this mean paperwork such as marriage certificates? Would this extend to items such as birth certificates?! If so please tell me my wife doesn’t need her birth certificate for any of the residency process!! (That is a pain to get)

F. What is the usual process for legalising originals and their translations? Do I take the original (not yet legalised) for translation and then take the original and translation for legalisation together?

Thank you for any help you can provide, or sources that I can refer to for further assistance.

Best regards,
Rob

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Posted: 16 June 2012 01:14 PM   [ # 1 ]  
Tourist
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Total Posts:  8
Joined  2012-01-22

A) Yes , i had t, the same problem . but if you can find a good immigrationofficer they take your pplication and you can renwe after you receive certifited mail from madrid.
b) i dont know how you can get the spanish residence visa without legalistaion and translation. all documents marrigae certificate and marriage protokoll must be translated to spanish ( if it is not forget part A-  you cannot in any case apply)
c) after you have translation and legalisation from embassy, once youre in spain you must submit to the ministry of foreign affairs.
d) spanish translation
e) birth certificate not requiered , but you have to take new vietnamesse marriage certificate and protokoll with actuell status
f) give the originals for translation ( or maybe copy), when translated original and pproofed translation must go to the embassy for legalisation

other

depending on embassy you need a police clearence certificate and a helathcertificate ( who standard), in spain nobody want to see it ( or not from us but the embassy)
as well NOTE since 24.4,2012 are new laws in place about ” sufficent economic means ” when apply for residence here. how it works exactlly , wait a while, at the moment nobody knows, but it is in minimum health insurance and money / work to proof ( of missing instructions in the offices , you receive the mail within 3 month to proof whtaever they want then)

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Posted: 16 June 2012 04:03 PM   [ # 2 ]  
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Joined  2012-05-31

Tourist,

Thanks so much for the reply. Fortunately I just proceeded as best as possible and recently received an acknowledgement from a solicitor in Barcelona that what I was doing was correct 😊

I went down this route:

1. Official ‘copy’ of our marriage certificate - that is a ‘stamped’ extract (without the original signatures).
2. Marriage certificate is translated into English and Spanish (only the latter appears to be required).
3. Legalised the marriage certificate and translation at the Vietnamese Ministry of Foreign Affairs.
4. Authenticated the marriage certificate and translation at the Spanish embassy here in Hanoi.

That apparently leaves me with just:

5. Authentication of documents at the Spanish Ministry of External Affairs in Madrid - I’ll do this in person once I arrive.

We haven’t yet been asked regarding medical insurance but we’ll get this once we arrive as the web isn’t providing me with much useful information - suggestions?

Hopefully the process will prove relatively painless once we arrive in Barcelona.

Thanks again,
Rob

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