Would have to be without uk citizenship. If dual national then they treat as UK sponsor and normal rules. If only French or spannish passport then should be covered under eu free movement rules. Apply asap. If uk passport and he is a spannish resident then should be able to do Surrinder Singh as I understood it to cover coming back after living abroad. Definitely worth investigating. If she was legal in Spain for two years worth applying for spannish citizenship and hoping for Brexit delays or deal that allows to move after get spannish passport.
You can't take advantage of the Surinder Singh ruling unless you have an income from employment and are not retired.
Larry, you live in the Uk, and are currently visiting Spain, You have a British and French passport, how do you qualify for Spanish residency ?, Im sure there are a fair few people that would like to know a quick and easy way to qualify for Spanish residency..
Larry, for your own peace of mind, and everyones sanity on here why not just get your Fiancee to return to the Philippines, you join her, then you can just get married and apply for a Spouse visa the same as everyone else, right now you are just running around europe spending money as if its gone out of fashion, and getting no nearer your end goal, you also need to remember you are not a young man anymore your body wont stand this constant stress and travelling around.. If she returns back home to the Philippines and you join her, you can get married then just make a normal application for a spouse visa, without the complications that your having now mostly due to the fact that your Fiancee has overstayed, whats the big deal with her wanting to stay in Spain, does she have a job there ?, most of your issues are because of her overstaying, sooner or later this issue has to be faced up to, because it wont go away, just tell her to grasp the nettle and get her butt back to the Philippines..
Get yourself back to the UK and get it sorted would be my thought since your plan was to marry in Spain regardless of the "overstay" once you are married you could legalise your missus in spain if you are resident but im not entirely clear what your end game is?
Harry the main reason for her wanting to have Spanish residence, is the cost of health problems in the Philippines. Her late husband, an American contracted Prostate cancer, and she was so aware of the costs of all the treatment that he had, during his illness till his death in a hospital in Cebu. I reviewed what I needed and do not need the Certificate of Non-impediment. I am rather stubborn to changing course - i will keep you updated. My game plan is that we will live in my home in Milton Keynes with my dog and cat. Spain is a possibility later to live in, but as far as this goes, just waiting to see us leave the EU.
I paid a lawyer in Madrid €340 to get it for me - I arranged to have a padron. I paid the lawyer to arrange the marriage and €340 to arrange after marriage my wife's Spanish residency. I paid in April altogether €2000. On target for marriage meeting on September 11. Then go to Notary Public and sign marriage contract. Next day apply for her residency. The pension buys 5 times more here, but I still don't speak Spanish yet.
You'll need to apply for an "emergency travel document" which you can do online. You may or may not need to attend an appointment at the British Embassy but you will have to collect the document in person once it is issued - normally after two working days. That's the good news. The bad news is that these documents cost £100 - payment is processed as part of the online application - and you don't get to keep it as a souvenir. I really wonder whether you have thought-out your route to your destination, it seems to me as though you're riding a series of roller-coasters in a rather haphazard and stressful way. For example: why are you applying for your future wife's Residencia when you plan to live with her in MK? Residence permits are intended to identify residents - people who actually live in the country - and they have relatively short lives. Her holding one will not enhance her chances of getting her UK Settlement Visa but it may impose certain responsibilities such as submitting a tax return every year.
I haven't actually decided everything yet - I have a French passport and am able to use it. But having filled in the passport form online and not aware of the restraints I need it for the marriage certificate that the Spanish require. The British Embassy in Madrid will not agree to start the process because I cancelled my passport, following the theft by the thief. I note that they want 1 month and one day notice. These days I am bold - ie I want a life and take risks. If you want something do it.....