Non EU spouse of a EU temporarily moving to UK before Spain

[SpanishDreaming]

I am very new to this forum, so please be patient with me! I have tried looking through the forum for answers pertaining to my situation, but have yet to find anything.
I am a Canadian living with a EU citizen who holds permanent residency in Canada, we have a 5mo old daughter together. We plan to ultimately reside in Spain, but will be living in England first, for around 6 months.
These are my understandings, and questions: As a Canadian, I am under the impression that I can stay in the UK for up to 6 months without a visa, I understand that if I do so, it means I cannot work, or get married while in the UK. I have to prove accommodations for the duration of my stay, and require some savings to ensure I won't rely on public funding. I will be living with my spouses family in England rent free, and we will have around 80,000 CAD when making the move. My concern with this is at the border - am I going to be admissible into the UK without a return flight? Last time I went to England with my spouse the first thing I was asked was my itinerary to return to Canada. What if we are able to show flights to Spain within that 6 month period - will I be admissible then?
If I will not be allowed to enter the UK without a return, I understand my second option is a visa.
Now, this is where I am not sure what forum I should be in because this part pertains to our move to Spain. I read on another forum that if my spouse and I marry in England - it will be easier to apply for permanent residency in Spain because if the origin of the marriage certificate. If this is the case, I will require a fiance visa?? A fiance visa, I am allowed to stay in the UK for 6 months, so long we get married in that time frame right? What I am confused about with this part is that we will need to prove that we have 62,000 pounds to do so? The CAD exchange rate is so high right now that would be upwards of 126,000 CAD which we do not have. Is there any other way to get around this? If we are able to prove that we will be living rent free in the UK, and if my spouse is able to prove that he will have a job when we arrive?
Last option is for us to get married in Canada, before we make the move to the UK - from what I understand this will create quite a few more steps in Spain to confirm the marriage certificate (again, this may not be the right forum for that), but if we chose this option, what kind of visa would I apply for? The marriage/settlement visa?
Lastly - where does our daughter fall into this? Do certain visa's also include dependent children?

I hope this all makes sense, and I hope I can also connect with someone who is familiar with the Spanish immigration as the information on forums, and searches prove to be inconsistent, and the Spanish embassy in our city is so hard to reach.

[Casa]

The better (and cheaper option) would be to apply for a Marriage Visit visa, as long as you can show the intention to leave the UK after the wedding and before expiry of the visa.
If your daughter holds British nationality she won't be considered as a dependent needing entry clearance. The origin of the marriage certificate when comparing Canada to the UK won't make any difference. Do bear in mind that Spain currently has a 22.7% (April) unemployment level and is considerably higher for non-Spanish nationals.

[SpanishDreaming]

Thank you for the response, just to clarify, our daughter will have a Canadian passport, we plan to apply for her European passport once in the UK but will only be of Canadian when we travel. Does that mean she will be a dependent? Or because she is of European decent she will automatically be considered a British national.
The marriage certificate's origin doesn't make a difference? I was under the impression we would have to have it notarized, translated, and certified by both Canadian, and Spanish embassy all within 3 months of applying for residence in Spain which seems quite difficult to me. Where as if we married in England, we would just require translation and notarized within the 3 month period to apply for residency in Spain.
Perhaps I should create a separate post in the Other forums for my Spain questions.
I am aware of the unemployment rate there, and the difficulty of a non-EU obtaining a job. Luckily my EU spouse does already have a job opportunity in Spain, and I will not be working as I am a stay at home mom. I think once residing for 5 years and successful application of the permanent residency, I may apply for a TESL job..but that is a whole other topic!

In summary, apply for a marriage visa, ensure we get married within the 6 months, and have flights to Spain ready at the border to prove my exit of the UK before those 6 months are up.

[physicskate]

What citizenship does your EU spouse hold? There are some EU countries (think Germany) that are not very happy/ do not allow dual citizenship. Otherwise, your daughter is probably automatically a dual national....

[Wanderer]

The better (and cheaper option) would be to apply for a Marriage Visit visa, as long as you can show the intention to leave the UK after the wedding and before expiry of the visa.
If your daughter holds British nationality she won't be considered as a dependent needing entry clearance. The origin of the marriage certificate when comparing Canada to the UK won't make any difference. Do bear in mind that Spain currently has a 22.7% (April) unemployment level and is considerably higher for non-Spanish nationals.

Couldn't the OP just marry in CA and enter anywhere in EU on EEA2 or evquiv?

I suspect I've missed something.....

[physicskate]

But there has not been a suggestion that the EU spouse will be 'exercising treaty rights'. From the info we have, there is just the suggestion they will be visiting family... in which case EEA2 wouldn't really apply.

[SpanishDreaming]

I'm sorry, I do not follow some of these terms.
he is from the UK, with UK citizenship, and a European passport...I hope this helps!

[Wanderer]

But there has not been a suggestion that the EU spouse will be 'exercising treaty rights'. From the info we have, there is just the suggestion they will be visiting family... in which case EEA2 wouldn't really apply.

The Family Permit one - I forget the numbers! The one about treaty rights - seems to OP is planning to visit UK before settling in Spain - I must read it again but I'm waiting for Coronation Street to start.....

[Wanderer]

I'm sorry, I do not follow some of these terms.
he is from the UK, with UK citizenship, and a European passport...I hope this helps!

Ahh, he has a British passport - not a European one as such, they don't really exist, but I get what you mean.

Time to think again.....

[Wanderer]

I'm sorry, I do not follow some of these terms.
he is from the UK, with UK citizenship, and a European passport...I hope this helps!

Basically if you are married you can go and visit/settle anywhere in EU, not married it's more difficult......

Firstly it might be an issue entering UK on a visit visa (or waiver) if your intention is seen not to visit, but to reside in UK for 6 months, tough I know but it's what the IO's look for.

And within the EU unmarried partners don't derive the same EU rights from their partners as marrieds do, so there might be issues there.

Getting married in CA before leaving would make this process a million time easier, really!

[physicskate]

I'm sorry, I do not follow some of these terms.
he is from the UK, with UK citizenship, and a European passport...I hope this helps!

Ahh, he has a British passport - not a European one as such, they don't really exist, but I get what you mean.

Time to think again.....

In which case your daughter is British! Might be a good idea to apply for her passport asap? (as long as your 'spouse' is a legal parent).

You aren't married to your spouse? Sounds like marriage visit visa might be a good fit, otherwise you would need a fiance visa which has the steep financial requirements. You would need to apply for your EU permits from the UK to move to Spain. The marriage visit visa would allow you up to 6 months in the UK and you would be allowed to marry.

[Casa]

Apart from the reduced cost, the reason I suggested a Marriage Visit visa is because you don't intend to settle in the UK. Do ensure however if you decide to go with the suggestion, you apply for a Marriage Visit visa (£85) and not a marriage Settlement visa (£956).
https://www.gov.uk/marriage-visa/overview

This thread may help you, Ignore the reference to Surinder Singh if this doesn't apply to you...although it may in the future if you later decide to settle in the UK.
http://www.immigrationboards.com/eea-ro ... n#p1215512

[SpanishDreaming]

Thank you for the help, and I think you are all right, a marriage visitor visa is definitely my best bet.
I guess my final question is in regards to our daughter; her Canadian visa is currently in process, but I was under the impression that we will need to apply for her UK passport while in the UK - is this true? If so, will she be considered a dependent with only a Canadian passport? Her birth certificate clearly states that her father is of UK citizenship.
And if that is the case, will any requirements or rules change with the marriage visitor visa?

[geriatrix]

Is the father is British otherwise than by descent? Was he born in the UK?

[SpanishDreaming]

Is the father is British otherwise than by descent? Was he born in the UK?

Yes he was born in the UK, he just has permanent residency in Canada.

[geriatrix]

The child will be British only if the father is British otherwise than by descent.
If the father was born in the UK, likely that he is ... but do check.