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I am an Italian citizen and my fiancée of two years is waiting for his asylum decision in Spain - he has been in the process for almost a year now.

He has a Red Card (6 months residency with the right to work) but does not have a birth certificate or passport from Iraq, where he is originally from. He does however have his ID and now his Spanish documents.
I have never lived in Italy, but am resident in the UK (obviously with visits to Spain as much as I can!).

We want to get married but it seems somewhat impossible because:
1. I am not resident in Spain
2. He does not have his birth certificate
3. He cannot travel outside of Spain because he does not have a travel document.

Beyond this, how long would be have to wait to be dependent on my passport? I cannot find work in Spain and as he can't leave, we have to be apart.

Would love advice about the Spanish asylum system, how to proceed with getting married and an idea of the entire process. So lost! Thank you!
asked Jul 17, 2018 in Legal advice by lsnaude

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1 Answer

+1 vote
Normally most EU countries will require a Passports and Birth Certificate from applicants who are applying for Marriages in thier countries . in some cases except you are an Eu Citizen e.g Denmark sometimes don't need it from Eu Citizen. Your fiancee should try contacting he's people
at home (he's country of origin) like Parents, Uncle or aunty through phone calls or other means to reach them, so they can then help him request the Birth Certificate and also a Document stating that he's single or there's no existing marriage. it's called Certificate of no impediment or Bachelorhood Certificate. It can be obtained from the Registry office in he's former place of residence in he's country of origin. But sometimes this Documents is difficult to obtain, depending on individual cases and the Country. Another option is they can swear an affidavit for him in the Court there in he's homeland stating that he isn't married . I have some friends who did it that way.
then you guys can try applying for a Marriage there in Spain when he have does Documents completed. You might be lucky then they accept your Documents for marriage Good luck and have a nice day
Best regards. Nelly
answered Jul 30, 2018 by Nelly Overcomer
edited Jul 30, 2018 by Nelly Overcomer
Nelly thank you so much! This became even more relevant now, because we got news his claim was rejected. He hasn't officially received the rejection, but from the 25th of this month his status will become 'illegal'. We are desperately trying to marry before this date. We have had no luck getting the documents but will try that affidavit route - do you have any more information about that?
The birth certificate is still a problem though... We are willing to try anything at this point!
Thank you so much Nelly!
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