Ridiculous Residencia!!
I want to share my experience for the benefit of others who may be in a similar situation in the future. Firstly, I will give a little background information.
I am British and my wife is from the Philippines. We lived in the Philippines together for 5 years and we married there 6 years ago. We moved from the Philippines to Cyprus in 2013 and lived there for the last 5 years and we were 'Residents' in Cyprus during that time. We moved to Spain in December last year and we have bought our own home here that we own jointly. We obtained our NIE numbers, our Padron, and Private Health Insurance (as we are both under retirement age) and we made appointments for our Residencia. I had to apply for my Residencia first, as my wife is a Non-EU citizen her application must include a copy of her EU spouses Spanish Residence card. I obtained my Residence card last Wednesday and my wife had her appointment for Residencia yesterday (22nd March). We submitted her application with her NIE, Padron, Health Ins, Proof of Pension Income (€24,000 p.a.), Spanish Bank Statements for last 3 months (€40,000), Copy of Title Deeds for our home, a Certified Copy of our Marriage Certificate and a copy of my Residence Card.
My wifes' application for Residence was DECLINED.
The reason given ..... Because our Marriage Certificate is MORE THAN 6 MONTHS OLD. Obviously, it's more than 6 months old, because we were married in 2013. They explained that it is their policy not to accept a Marriage Certificate more than 6 months old. This is RIDICULOUS. We have a Marriage Cert. that is a 'Certified Legal Document'. I asked for a reason why it was not accepted and the woman told me, '' Because, you may be divorced and using an old Marriage Certificate to obtain Residency for your ex-wife '' .... Really ?? .. . '' I've brought my ex-wife to Spain with me and bought her a house??'' Can you imagine them saying this to a British couple?? but, somehow it is OK to say it to me because my wife is a Filipina???
I've checked and double checked all the available information on both the Spanish Gov. Websites and the EU Law websites and there is no mention of marriage certificates having to be less than 6 months old. They only state that it must be a Certified Marriage Certificate. This seems to be something that they have 'simply made up' themselves and is 'unlawful'.
The final outcome is that we have to re-submit my wifes' application with a new Marriage Cert. less than 6 months old, which would mean travelling to the town in the Philippines where we were married and obtaining a 'duplicate' with a new date of issue. Oh....and they have only given us TWO WEEKS in which to do this. To say that I am 'livid' is an understatement. Welcome to Spain!!