Schengen VISA for Spain in London!!

[7by7]

1 hour ago, kimamey said:

From what I've read it does seem easier if the non EU spouse has a residence permit. 

 

If the residence permit was issued under the EEA regulations then it will say that the holder is a qualifying family member, e.g. spouse, of a named EEA national so the holder can enter and travel freely throughout the EEA, including the Schengen states, without a visa and unaccompanied by their EEA national spouse.

 

If it was issued under the immigration rules, e.g. is a spouse visa, FLR or ILR, then it wont say that the holder is the qualifying family member of an EEA national and won t name the national and therefore they cannot use it to travel to other EEA member states. So to do so using the EEA regulations they must

• be travelling with or to join their EEA national family member and
• have a valid visa or proof of their relationship.

The non EEA national family member does not need a residence permit for this, including applying for their visa in the UK. Indeed, they do not need to be resident in the UK at all.

 

The usual caveat re Brexit applies.

[7by7]

17 hours ago, Donutz said:

- BUT !! It would be best to travel with a valid visa (to the Schengen area) if at all possible 

- since the border guards might tell you to **** off. As shared by a fellow forum member just recently:

https://www.thaivisa.com/forum/topic/768812-thai-wife-uk-to-eu-via-ferry-without-schengen-visa/?page=3&tab=comments#comment-13187780

 

 If that does happen then, as you advise in that topic, people should ask for the reasons for the refusal in writing together with the names of all the immigration officers involved; saying that they're needed for the complaint to SOLVIT.

 

That may make them change their minds.

[BIGJIMMY]

Reading on the website it says that to get the Spouse visa you need to have the EEA version of a residence permit, so as Mrs E has the UK immigration version of the card does that mean we have to apply for a tourist visa and not the Spouse one??


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[7by7]

52 minutes ago, BIGJIMMY said:

Reading on the website it says that to get the Spouse visa you need to have the EEA version of a residence permit, so as Mrs E has the UK immigration version of the card does that mean we have to apply for a tourist visa and not the Spouse one??

 See my post above: 

 

Edited August 4, 2018 by 7by7

[BIGJIMMY]

Not ideal but I’m going to just apply for the tourist visa, my only concern was the forms asked for from my friend who’s place it is but as he’s not there until after we are I’ve just booked a hotel for time there to get the confirmation then will cancel it when we get the visa, not worth all the hassle and possible refusal going down the spouse route without the card saying ‘family member of an EU citizen’ etc, has any Thai person actually got one of these cards, are they easy to get??

 

Mrs E will be going for the ILR in a couple of years and citizenship so this visa nonsense fortunately won’t be forever!!

 

 

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[rasg]

She can get an expedited Schengen visa to Spain as long as she has a BRP and as long as she is traveling with you.

 

My remarks earlier in the thread were to explain that Spain put a few extra hoops in the way and will probably insist on hotel bookings, flight bookings, travel insurance and a bit more nonsense that isn't required from the other Embassies.

 

With Iceland my wife showed a printed screenshot of the hotel that we had in mind from Booking.com, same with the flight and we both have EHIC cards in lieu of travel insurance. I wasn't prepared to pay for hotels and flights without knowing that she had the visa. 

 

 

 

 

[Donutz]

13 hours ago, BIGJIMMY said:

Not ideal but I’m going to just apply for the tourist visa, my only concern was the forms asked for from my friend who’s place it is but as he’s not there until after we are I’ve just booked a hotel for time there to get the confirmation then will cancel it when we get the visa, not worth all the hassle and possible refusal going down the spouse route without the card saying ‘family member of an EU citizen’ etc, has any Thai person actually got one of these cards, are they easy to get??

 

Mrs E will be going for the ILR in a couple of years and citizenship so this visa nonsense fortunately won’t be forever!!

 

 

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Again: people with the EU/EEA family member remark on their permit don't need a visa at all.  Those are given to Sirinder Sghin cases:  1) the partners of non British EU nationals who make use of the EU rights in the UK 2) the partners of Britons that made use of their EU rights by living elsewhere in Europe together and moved back to the UK.

 

Your partner is entirely eligible for the free and simplified procedure Schengen visa with her regular UK permit! 

 

And in fact she is so too if she has no residency in the UK but just staying on a visitor visa or even with no legal UK visa or residence status at all.

 

I'm kinda frustrated that you seem to be going down the wrong route due to wrong information being given to you by a person halfway down this topic while most of the rest of us explained you that your wife can get the free Schengen visa (and without services fee too if she would apply at the embassy rather than the optional service agencies  BLS , TLS, VFS etc)

[Donutz]

As the Schengen sticky will also instruct you:

 

On the website of EU Home Affairs there is a page on visa policies:

https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy_en

 

There you will find a PDF handbook for Schengen embassy staff:

 

Operational instructions for the application of the Visa Code are further specified in the Handbook for the processing of visa applications and the modification of issued visas

 

In it, under section 3, the simplified VIP like procedures are explained in simple words and Q&A for Schengen embassy staff. Page 81:

 

PART III:SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY 
MEMBERS OF EU CITIZENS OR SWISS CITIZENS....................... 81

 

There you could double check to  verify the intro from 7by7, me and some others about only the handful of stuff you need for the free visa.

[BIGJIMMY]

Has anyone on here actually applied for and got a spouse visa from the Spanish Embassy in London and not through the BLS offices????

 

 

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[BIGJIMMY]

On the Spanish website it goes through the visa requirements etc and says you can get it for free as the spouse/relation of an EU citizen and it doesn’t mention the requirements of an ID card stating the fact BUT it does say that ALL applications and appointments HAVE to go trough the BLS service!!


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[rasg]

Send the Spanish Consulate an email requesting an appointment explaining that your wife needs a Schengen visa for a holiday in Spain and she is traveling with you, her husband. Ask them what documentation they need and the procedure. They may point you to BLS but the visa should be free and you shouldn’t have to supply much documentation. Mention that she has had Schengen visas for Spain before in the email.

 

[email protected]

 

Edited August 15, 2018 by rasg

[BIGJIMMY]

Thanks, I’ll give it a go.


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[BIGJIMMY]

So we had the appointment today, I mailed the above address a few times and asking about the fee’s etc and basically got a standard response quoting from the website, basically we were going to just go ahead and pay for the tourist visa, as I’m Mrs E’s sponsor we went along with my bank statements, insurance, bookings etc, when we seen by the agent he put us Mrs E through as the spouse of an EU citizen category, he said not having the card doesn’t matter as we’re married and can prove it etc so happy days, no visa fee but a fee of £15 which is a processing fee and (this is taking the Michael a bit) a fee of £25 to send the passport back registered etc, I said it only costs about £5-6 but he said that’s the price otherwise you can collect it for free but as we’re 2 hours away and I can’t be arsed, so £40 paid today for our ‘free’ visa!!!


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[Donutz]

I would check with the embassy if that is indeed the return fee for registrated mail. The external service provider should use the fees it agreed upon with the embassy. They can't just charged whatever without the embassy being aware. Now ofcourse the external  service provider is optional but it would be outrageous if the ESP would charge disproportionate fees for 'extra' services such as copying, returning mail etc. Especially since ESP will become mandatory if the new Schengen rules ever get accepted. 

 

It also seems to conflict with the general principle of a fast, no hassle, free or low cost process for visas applied for by EU family members. See below:

 

You may wish to consult Solvit or EU Home Affairs.

 

I can't find anything about how much an embassy or ESP can charge for optional fees (extra services) but I it just doesn't feel right if the embassy or ESP would make a big profit on extra services. Below is the general spirit in which such EU family member visas should be dealt with, the Handbook for Schengen visas on the EU home affairs page says (among other things):

------

3.1. Visa Fee 
No visa fee can be charged. 

3.2. Service fee in case of outsourcing of the collection of applications 
As family members should not pay any fee when submitting the application, they cannot be 
obliged to obtain an appointment via a premium call line or via an external provider whose 
services are charged to the applicant. Family members must be allowed to lodge their 
application directly at the consulate without any costs. However, if family members decide 
not to make use of their right to lodge their application directly at the consulate but to use the 
extra services, they should pay for these services. 
If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff) 
to the consulate should be put at the disposal of family members respecting comparable 
standards to those of "premium lines", i.e. the availability of such lines should be of standards 
comparable to those in place for other categories of applicants and an appointment must be 
allocated without delay. 

3.3. Granting every facility 
Member States shall grant third country family members of EU citizens falling under the 
Directive every facility to obtain the necessary visa. This notion must be interpreted as 
ensuring that Member States take all appropriate measures to ensure fulfilment of the 
obligations arising out of the right of free movement and afford to such visa applicants the 
best conditions to obtain the entry visa. 

3.4. Processing time 
The visas must be issued as soon as possible and on the basis of an accelerated procedure and 
the procedures put in place by Member States (with or without outsourcing) must allow to 
distinguish between the rights of a third country national who is a family member of an EU 
citizen and other third country nationals. The former must be treated more favourably than the 
latter. 
Processing times for a visa application lodged by a third-country national who is a family 
member of an EU citizen covered by the Directive going beyond 15 days should be 
exceptional and duly justified.

-----

 

 

https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy_en

Edited September 6, 2018 by Donutz
Highlighted 'best conditions'

[BIGJIMMY]

The postage fee of £24.95 is mentioned on the BLS website, I emailed the direct address I was given of the consulate asking about applying directly and also about taking my own pre-paid envelope etc, was told we had to go through the BLS people and also their postal service was the only option unless you want to collect the passport which is free but we’d spend more than £24.95 going to get it! We’re happy with not paying the £50 visa fee and (assuming) when we get the visa it’s been pretty painless but there has been quite a discrepancy about what is mentioned that we’d need for a Spouse of an EU visa (mainly the card with that written in which we don’t have) and what the guy in the office said ‘your fine with the wedding certificate to get that visa’, anyway I’ll keep you posted when it turns up!!


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[Donutz]

This is what the guideline on harmonisation says, again nothing about courier service fees etc but just about the standard service fee, still it seems to go against the general spirit of things:

 

Do VFS etc operating in the UK charge these outrageous fees too? Should be harmonized and proportionate. Plus that these service providers are entirely optional to begin with according to the Schengen rules.

 

---

2.1. Member States’ consulates shall seek to harmonise the following 
• visa fee, if it is charged in a currency other than EUR; 
• service fees charged by external service providers in the same location, if they provide 
similar services.

 

(...)

4.3. The service fee 
Legal basis: Visa Code, Article 17 
As a fundamental principle, a service fee may be charged to an applicant using the facilities of 
an external service provider only if the alternative is maintained of direct access to the 
consulate incurring the payment of just the visa fee (see point 4.4). 
This principle applies to all applicants, whatever the tasks being performed by the external 
service provider, including those applicants benefiting from a visa fee waiver, such as family 
members of EU and Swiss citizens or categories of persons benefitting from a reduced fee. 
These include children from the age of 6 years and under 12 years and persons exempted from 
the fee on the basis of a Visa Facilitation Agreement. Therefore, if one of these applicants 
decides to use the facilities of an external service provider, the service fee shall be charged. 
It is the responsibility of the Member State to ensure that the service fee is proportionate to 
the costs incurred by the external service provider, that it duly reflects the services offered and 
that it is adapted to local situation. 
In this regard, the amount of the service fee has to be compared with the prices usually paid 
for similar services in the same country/location. Elements related to local circumstances, 
such as the cost of living or the accessibility of services are to be taken into account. 
In the case of call centres, the local tariff should be charged for the waiting time before the 
applicant is transferred to an operator. Once the applicant has been transferred to the operator, 
a service fee shall be charged.
Harmonisation of the service fee is to be addressed in the framework of Local Schengen
Cooperation. Within the same country/location there should not be any significant 
discrepancies in the service fee charged to applicants by different external service providers or 
by the same service provider working for different Member State consulates. 

4.4. Direct access 
Maintaining the possibility for visa applicants to lodge their applications directly at the 
consulate instead of via an external service provider implies that there should be a genuine 
choice between these two possibilities.

-------

Source: guideline on hormonisation of Schengen embassies on EU home affairs page concerning  visas.

 

You can contact EU home affairs via:

 

JUST-CITIZENSHIP {at} ec.europa.eu

 

Edit: the Spanish embassy misinformed you!! BLS  is 100% optional. See the bit above near the end about direct access! Shane on them. I would definitely contact the ombudsman Solvit and/or EU Home Affairs. They are taking people for a ride! Disgusting and unacceptable if you ask me. But things only change if people complain.

Edited September 6, 2018 by Donutz

[BIGJIMMY]

Passport back today with a 6 month multiple entry, was the easiest Schengen we’ve got for Spain so far for sure, should it be a bit cheaper in the postage - of course, I found the information on the BLS site and what actually happened at the office was different but in our favour so not worrying too much, at least we know for sure next time, pretty easy and now a 6 month visa so France is easy pickings as well as it’s just down the road!!


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