Advice please

Many of you will know my story - currently I’m in Madrid, Spain with my fiancée and gathering the papers that I require to marry. Although she has all the documents I don’t and I hadn’t realised what they wanted - a certificate of non impediment which after interview at the registry office in uk I have to ask in person for it and wait 28 days for them to publish it, and then give it to me - absurd...... other documents too.

Then I thought what if I got her to return to the Philippines and apply for a spousal visa, would it be easy to get, or would the fact that she overstayed a Schengen visa ruin it?

Then I could marry her in the Philippines and then get her to the UK, or would that pose a problem too?

What do you think? Or just get on with it in Spain?

Maybe "CampelloChris" will assist you when he shows up here again, as he lives in Spain.
I seem to remember he had some problems, though.
Perhaps if you send a private message, he may get a notification of this on his email.

@CampelloChris

is she still overstaying her visa ?

I think Chris has been living in Bridgwater Somerset for about a year now!

why not get married in spain--and live there ?

probably!

I don’t see how the CNI (non impediment) or its process is absurd. Had you known you required it you would have prepared yourself properly. Maybe then it wouldn’t have been absurd. I didn’t find it absurd, just did it and then took it with me.

The question of overstaying may raise its head once/if you start the visa process. Answer the question without doubt and truthfully, this isn’t arm twisting some NHS authority to get your filipina in the country.

From Larry's previous posts I think this lady is an overstayer in Spain this will/ may present issues getting a further visa, however the UKBA do not appear to ask about overstating in other EU countries more has an applicant ever been refused s visa!

i wonder--if Larry did marry and stay in spain for a while--could he bring his wife back using surindher singh method--or has that loop hole been abolished now ?

They don't need to as any overstaying anywhere will be very apparent from the stamps in the passport. Oh and I'm told there are lists of overstayers in circulation amongst some of the various visa authorities (US, Canada, Australia, New Zealand, EU, Switzerland and UK plus others).

Surinder Singh is still do-able at this writing but will almost certainly cease on 31st October. But I doubt Larry could take advantage now since he would need to have been a Spanish resident and employed (or self-employed) for at least 6 - 9 months and demonstrate that his "centre of life" is in Spain prior to applying.

You miss my point!, and I am aware it will be apparent in the passport.
at the application stage I don't believe all pages of the passport are scanned and from what I recall the application only talks about refusals or overstaying in the UK. The time the stamps may get picked up is as they land.

Are you overlooking the fact that UKBA has the applicant's passport as well as scans of relevant pages, otherwise where else does it affix the visa?

fair point

Of course you are correct, but my problem was I did not pick upon it earlier. I now notice that to get the document throughout Embassy in Madrid it takes 3 months,to get it in uk I have to go to the local register office with my decreee absolute and give evidence that I have paid my council tax. They publish it and 28days later I get it. Still possible. As out appointment with the Spanish admin is on September 11

you better get a wriggle on then.

You are as I said right - for her passport though - unfortunately after I had a business meeting in the foyer of a hotel here, a thief snatched her handbag and both our passports were snatched. Chances are her passport will be blank.

Good idea Markham thank you

I am a Spanish resident and am retired