Marriage To Thai Girlfriend,then Applying For Visa

[leomiguel]

Hi Scouser

Thanks for all your good advice on this forum.

My question is this.After my girfriends refusal by the Spanish Embassy for a tourist visa for 90 days in august,and after talking to the Spanish Embassy in Bangkok by telephone from Spain, twice, we reapplied for a reconsderation of visa,which was also refused.they told me that the refusal comes under articul 15 /5.1c of the Schengen Agreement.After living in Spain for 30 years since i was a kid and haveing dual English and Spanish nationality i know what a pain in the neck the Spainsh imergration system is.Because of this we have dicided to marry,this was something we had planned to do anyway,but just not so soon.I am arriving in Bangkok on the 18 november.So my question is this, once we are married in Bangkok i will apply for a European Community Visa( i think this is the same as a settlement visa for the uk) for my wife to come back to Spain with me at the end of January. Can they still refuse her a Visa to go back with me to Spain by law or do i have a legal right to take my wife back to my country of residence.I understand that instead of looking at her finnacial satus they will want proof of mine.i have all the necessary documentation for that. (ie deeds for my house ,bank statements plus job history plus currant job staus).I have been told by my lawyer here in spain that they cannot refuse us,but then you never know with the Spanish system.Also can you tell me if we have to wait a certain period between getting married and applying for the visa,or can we go and apply straight away.Any advice would be greatly appriciated.

Thank you Leomiguel

[the scouser]

Your wife will need to demonstrate that youe are married, that you are a national of an EEA country other than Spain and that you are considered to be a "qualified person" under the EU legislation; e.g. working or self-sufficient. The visa can only be refused on grounds of either public health, security, policy, or if your marriage is construed to be one of convenience. The visa application shouldbe free and once in Spain, your wife may obtain a residence card from the Spanish authorities.

Scouse.