Long Term Visa Or Stay In Spain For My Thai Wife

[jamie25]

Hi,

just been reading all topics i could regarding getting my wife a visa to spain from thailand, any help really appreciated as i am stuck in udon thani so getting to bangkok is quite a trek to do on reg basis,

here are facts of my situation(so you can understand clearly) -

1. I am a UK citizen

2. I am married to thai national, we have a 2 year old son, who has two passports, UK and thai

3. my family live in alicante , spain - own a villa

4. I want to move back with my family, not holiday but live there

5. my wife has a 2 year UK visa, which runs out october 30th 2008, she has been UK 4 times before

6. my mother has NIE number and my younger brother, sister go school there

this is what i would like to know (i have tried speaking with spanish embassy in bangkok but found them very unhelpful) -

1. if i get a schengen visa for my wife, i see it is only valid for 90 days, can she apply to stay longer in spain? or does she have to come back to thailand? as we dont want that route

2. if there is another visa, ie family permit, are the credentials exactly same as schengen visa?

3. does my wife need to have alot money in her thai bank? or UK bank? or is it ok that i show my bank statement?

THANK YOU FOR ANY HELP OR ADVICE YOU CAN OFFER ME, I GENUINELY CANT FIND THESE ANSWERS, MAYBE I AM LOOKING IN RIGHT PLACE

regards

jamie

[7by7]

As you are a UK national taking up residence in Spain your wife should be entitiled to an EEA Family Permit.

21.4 - The EEA family permit expalians how the UK applies this rule, but the procedure may be slightly different for Spain.

I suggest that you contact the Spanish embassy in Bangkok.

[jamie25]

As you are a UK national taking up residence in Spain your wife should be entitiled to an EEA Family Permit.

21.4 - The EEA family permit expalians how the UK applies this rule, but the procedure may be slightly different for Spain.

I suggest that you contact the Spanish embassy in Bangkok.

hi, thanks for reply!!

yes i am UK national taking up residence in spain,

I have been told that if we get the 3 month schengen visa, then once that nearly expires, my wife can get an extention for upto 5 years from local immigration authoroties?

thanks

jamie

[7by7]

ASchengen visa is basically for visits. Whether it is possible to convert it whilst in Spain I don't know.

An EEA family permit is for residence, so that is the option you should go for. It's also free.

[jamie25]

thanks for reply,

is the family permit criteria same as schengen visa?

I mean do i need to supply same documents,

kind regards

[7by7]

This is the UK list. As EEA family permits are dealt with under EU law and not the immigration laws of the country concerned then the Spanish list should be very similar, if not identical.

Contact the Spanish embassy for full details.

[jamie25]

thanks alot, well as long as list is same we will be fine for sure as i can cover all that no problem,

strange does not ask about bank accounts there!!!! haha

thank you for your time,

jamie

[7by7]

You're welcome.

One more thing.

An EEA Family Permt to reside in Spain does not allow her entry to the UK. When you are both settled in Spain she will still need to obtain a UK visit visa if she wishes to visit the UK. However as she is married to a British citizen and by then will be resident within the EU this should be a formality.

[jamie25]

ok thanks, i dident realise that!!! although doubt we would want go back to uk for while, dont think missing much.,

also - as we are married and not bf/gf, is it fine just to show my bank account statements or do they need see she has money? as i would have to get halifax to send her statements to us then...

kind regards

jamie

[7by7]

You will need to show that you can support yourselves, so the more evidence you have of that the better, IMO.

[jamie25]

cheers mate, you been very very helpful!!!

i wil put couple grand in her thai account as well!!! would have though us being married does not matter where money is as long as one of our names!!

all the best,

jamie

[fvw53]

Please keep in mind that if your Thai wife wants to stay in Spain for a period longer than six months the rules for visa do not apply : it means that also the Schengen agreement is not applicable. Your wife will need a residence permit and every country has its own rules about this (with this residence permit she can easily travel in the Schengen area)

For a Thai person only the Spanish Embassy in Bangkok can give you the correct answer, but they do not have the authority to decide : the Embassy will transmit your application to Madrid for approval.

Generally a Thai wife can get a residence permit in a EU country if :

a) she is employed based on a work permit (to be applied for by your Spanish employer before you arrive in Spain)

she is an investor and creates a company which will require special approval (kind of business permit)

c) if she goes to live with her husband or (retires) and then she will more than likely have to prove that she has financial means independent from you.

Unfortunately it happens that shortly after arrival in a EU country (also in Switzerland) the marriage breaks down and ends in divorce so that the Thai wife must have money to return to Thailand, otherwise she can becomea burden for the local authorities and in the worst case she will try to overstay illegally : this happens more than you think so the reluctance of the Embassy is not without reason.

I am citizen of a EU country and even after 10 years of marriage in my home country to a Thai wife, the Consulate of Switzerland in Munich refused to issue her a one day transit visa (to go with me by car to Italy) unless she could show to have enough money so that she is not totally financially dependent on me.They did not care about my passport, our marriage book, my bank account...they only wanted to see that there was money on her name.... So can you imagine how scared they are are for illegal overstays....

If you were a Spanish national the situation would be different but still not easy.

If you have relatives in Spain (Spanish nationals or other EU national with residence permit) it could help if they provide financial guarantees to the local authorities that they will help your wife to return to Thailand in case you would vanish (I am sorry if this sounds a little bit rude but I have been in the same situation as you until I could - after a lot of suffering - obtain a EU passport for my wife).

[cosmarvv]

I am legally living and working in Spain, but I am not EU citizen, I am Latin American and doing family regroup for my thai wife. For my case it's a large process but possible. For EU citizens it's very easy but for your case you are not living in Spain and do not have NIE ( numero de identificacion de extranjero - Foreigner identification number) and your wife is not EU citizen, maybe you first have to come to Spain alone and get NIE and then apply for family regroup for your wife. However read links I send you (Spain Ministry), because I think your wife could be treated as a EU citizen for been married with you.

Your wife does not need to show any record of bank accounts or have a lot of money, this is requested sometimes for tourist visa not for family regroup.

I was requested:

- to be living and working in Spain legally 1 year to apply for family regroup (this is because I am not EU citizen)

- to earn the sufficient to support to my wife

- to have or rent (to my title) a department/flat/house

- the remainder are documents: legalized marriage certificate and translated to Spanish, etc.

Read information about inmmigration to Spain in "Ministry for Public Administration" web site for EU citizens: Common proceduresEU citizens

http://www9.map.es/servicios/servicios_on_...dadanos_UE.html (english version)

http://www.map.es/index.html (spanish version)

http://www9.map.es/index.html (english version)

The following link has good information:

http://extranjeros.mtin.es/es/general/VERSION_INGLES.pdf

Good luck

[phayao]

I'm a Spanish citizen married to a Thai national and both living in Spain part of the year, for over 17 years now.

All that was said before is true regarding visas and permits, but... let me tell you the reality and how things work.

1- The Spanish Consulate in BKK is useless: they know nothing and wouldn't help you to bring your wife to Spain.

2- It's easier if you could enter to any other Shenghen country, Switzerland included, and then make your way by land to Alicante. There are no borders!

3- Once in Spain your Thai wife is NOT going to be questioned by any authority, police included. Even if they know that her stay has been extended beyond the limits of her visa; she is not going to be disturbed, fined or imprisioned (as they do in Thailand) and she cannot be deported.

4- The only relevant point is if she wishes to work: she may encounter some difficulties, not to find a job, but to work legally. But that also can be overcome bringing a work contract with her next time she goes back to Thailand and asking for a working visa at the Spanish Consulate.

5- If I were you I would try to get her ASAP the British nationality contacting the British Consulate in Alicante, shortly after you arrive.

6- More than bank statements, bring to Spain her (and your child's) Birth Certificates, translated into Spanish by an authorised translator and stamped at the Spanish Consulate in BKK. They are going to be more useful to you in the future.

This is how things worked out OK for my Thai espouse, now with a permanent residence and working permit and awaiting for the Spanish nationality.

Things are easier once inside Spain. I wish you and your family the best future and thank you for choosing Spain as your country.

Phayao

[7by7]

5- If I were you I would try to get her ASAP the British nationality contacting the British Consulate in Alicante, shortly after you arrive.

Not possible, I'm afraid. To qualify for British nationality she would, among other criteria, have to have been resident in the UK for at least 3 years.

[jamie25]

thanks for your help, eally appreciate your help and we have 3 month visa now, hopefully we will extend once we are in spain

thanks

jamie