Shengen visa whilst on UK visit visa

[darren1971]

Shengen visa whilst on UK visit visa

 

Anyone ever done this? would like to take my girlfriend to Spain or France whilst she is staying in the UK on her visit visa, are there any obvious issues, are there countries that are noticeably harder or easier to obtain shengen visas for?

[Donutz]

See the Schengen sticky. You need to apply for a Schengen visa from a country that you have long term residency in. So that would be Thailand and only also the UK if she as a UK residence permit.

 

The only exception are spouses and other such eligible family members as described in EU freedom of movement directive 2004/38. In that case EU law applies and takes priority over the Schengen Visa Code (EU regulation 810/2009) 

 

But even then some embassies such as the French and Spaniards wrongfully insisting that even the Thai spouse  of a UK national cannot apply for a Schengen visa if the Thai spouse has no UK residency... sadly they often seem to get away with it too as not to many people seen to bother to read about their EU rights or that filing a complaint with Solvit or EU Home affairs may help down the line...

 

The exception might prettt much just be the Dutch. They acknowledge unmarried relations akin to marriage so if you have a long lasting relationship  (A year and up should do, as does cohabitation, it's not specified what 'akin to marriage' really is).  They do apply EU directive 2004/38 which means a free visa without much hassle or paperwork. They should allow this to be done from the UK too. I'd first ask them via email if you are eligible as an unmarried couple. If they confirm this  (they should unless your relation  is very fresh) I would then sent a second mail explaining she is in the UK on a short stay visa but that according to D 2004/38 That should not matter if you are considered eligible and thus would like to make an appointment for a visa application to visit NL. And maybe visit FR after that..

Edited September 18, 2017 by Donutz

[darren1971]

3 minutes ago, Donutz said:

See the Schengen sticky. You need to apply for a Schengen visa from a country that you have long term residency in. So that would be Thailand and only also the UK if she as a UK residence permit.

 

The only exception are spouses and other such eligible family members as described in EU freedom of movement directive 2004/38. In that case EU law applies and takes priority over the Schengen Visa Code (EU regulation 810/2009) 

 

But even then some embassies such as the French and Spaniards wrongfully insisting that even the Thai spouse  of a UK national cannot apply for a Schengen visa if the Thai spouse has no UK residency... sadly they often seem to get away with it too as not to many people seen to bother to read about their EU rights or that filing a complaint with Solvit or EU Home affairs may help down the line...

 

The exception might prettt much just be the Dutch. They acknowledge unmarried relations akin to marriage so if you have a long lasting relationship  (A year and up should do, as does cohabitation, it's not specified what 'akin to marriage' really is).  They do apply EU directive 2004/38 which means a free visa without much hassle or paperwork. They should allow this to be done from the UK too. I'd first ask them via email if you are eligible as an unmarried couple. If they confirm this  (they should unless your relation  is very fresh) I would then sent a second mail explaining she is in the UK on a short stay visa but that according to D 2004/38 That should not matter if you are considered eligible and thus would like to make an appointment for a visa application to visit NL. And maybe visit FR after that..

thanks Donutz... Amsterdam is a great city, we would have to apply from the UK, we are not married but have a fairly long relationship. I will check the shengen sticky. Thank's for your reply

[theoldgit]

Darren, you might want to read this advice given by our friends at VFS who operate the Visa Application Centre in London on behalf of the Dutch authorities. http://www.vfsglobal.com/Netherlands/UK/eea-eu-spouse.html

 

[Jip99]

2 hours ago, theoldgit said:

Darren, you might want to read this advice given by our friends at VFS who operate the Visa Application Centre in London on behalf of the Dutch authorities. http://www.vfsglobal.com/Netherlands/UK/eea-eu-spouse.html

 

 

This part of the eligibility criteria suggests that it might be possible........although the processing time may be an issue.

 

 

holding a valid UK residence permit. In case applicant holds a short stay visa for the UK, a C type visa (see example here), then applicant can also apply for a Schengen visa; however the minimum processing time may be considerably longer than regular 2-weeks minimum processing time

 

[Donutz]

The legal processing time is ASAP for those covered by 2004/38. Generally that is assumed to be the standard maximum of 15 calendar days that applies as the maximum for normal visa applications. Normal applications can be extended to 30-60 days in exceptional cases. But for an EU application that should be very very exceptional indeed.

 

I think it's just to prevent people from being lazy to try and get a visa from the embassy in the country origin and apply during a UK holiday and that could flood the embassy in peak seasons (spring and summer). My guess would be that you should have the passport back in 1-2 weeks.

 

You can go via VFS but that's optional. To avoid a service fee you could also apply directly at the embassy by appointment.

[Donutz]

This is B.S. though, all applicants have the right of applying at the embassy (see sticky)!!

 

https://www.netherlandsandyou.nl/travel-and-residence/visas-for-the-netherlands/applying-for-a-short-stay-schengen-visa/united-kingdom

 

Applications via VFS Global

The Dutch embassy in London uses the services of VFS Global to handle short stay visa applications.

All Schengen visa applicants - including all Orange Carpet applicants - have to submit their visa applications at the VFS offices in London, Edinburgh or Manchester. Check the requirements and make an appointment via the website of VFS Global.

Applications lodged at VFS are sent to the ministry of Foreign Affairs in The Hague for processing. Processing time for visa applications is at least 14 days. Applicants can contact VFS for status updates after this period has elapsed.

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Applications via the Netherlands embassy in London

Only the following categories can submit an application at the Embassy in London (by appointment only):

1. Diplomatic passport holders with an original verbal note stating the purpose and duration of their stay in the Netherlands.
2. Visa applicants for the Dutch Caribbean.
3. Holders of Dutch residence permits who have lost their residence permit whilst visiting the UK (processing time approximately 7 working days).

There may be exceptions but these will be dealt with on an individual basis after the applicant has notified the embassy of the emergency or special circumstances. It will be at the embassy’s discretion to decide whether the applicant may or may not submit their application at the embassy.

Send an e-mail to the embassy to make an appointment.