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Posted

Hi there

My thai wife lives in the Uk on a ILTR visa which she has had about 7 months. We have booked to go on holiday to Spain for the August bank holiday coming up. We travelled recently to spain and she did not need any visa just proof on flight back and that we were married and travelling together. I thought the same would apply for spain but am not getting a little worried. After trying to find info on the spanish website I have come across a thing called a schengen visa. Does she need a visa of any sort? If so which one? Also how long will this process take.

All info would be greatly appreciated and as quickly as possible as I feel time may be running out

Thank you for your help

Lee

Posted
Hi there

My thai wife lives in the Uk on a ILTR visa which she has had about 7 months. We have booked to go on holiday to Spain for the August bank holiday coming up. We travelled recently to spain and she did not need any visa just proof on flight back and that we were married and travelling together. I thought the same would apply for spain but am not getting a little worried. After trying to find info on the spanish website I have come across a thing called a schengen visa. Does she need a visa of any sort? If so which one? Also how long will this process take.

All info would be greatly appreciated and as quickly as possible as I feel time may be running out

Thank you for your help

Lee

At the entry-airport in Spain any Thai female individual will have to sign the 3318 form that she has never worked in any kind of bar or as a sex worker. The official reason given for this is that Spain is severely struck by the crisis and they give preference to domestic prostitution and union-organized sex-workers who still have a very strong lobby in Spain.

Also, she will have to sign that she does not hold any property for you and that she has never received any money from EU citizens to purchase any property outside of the EU. This rule is part of the money-laundering act and other tax regulations which came in force in the EU after 911. They might be able to do background checks on this.

Posted (edited)

She needs to get a schengen visa to travel to Spain. I'm surprised she was allowed into Poland without one as they have been in the Schengen area since late 2007 too.

Having searched the net about ILR and Poland it seems the following:

If you are a spouse of the EU national (but not of the Polish citizen), please, note that, on the basis of Directive 2004/38/EC you do not need an entry visa to enter Poland if all of these three conditions are fulfilled:

1. You are married to an EU-citizen but not to a Polish citizen,

2. You are a holder of

-the British "Residence Card of a Family Member of an EEA National",

or

-the British "Limited leave to remain in the United Kingdom",

or

-the British "Indefinite leave to remain in the United Kingdom",

3. You are accompanied by your spouse (EU-national) when travelling to Poland.

Please, make sure you hold the original of your marriage certificate which may be requested to present upon arrival to Poland.

This was taken from this link.

So, it would seem that Poland will let your Mrs in with ILR if accompanied by you, but I'm pretty certain that she will need a Schengen visa for Spain. You could always call their embassy in London to check, but I'm certain that Spain would require your wife to have a visa. You better do this quickly as well and my searching threw up the fact it takes up to 6 weeks to get a visa at peak times. You will need to book an appointment with them to take the application. Guess what, the Spanish visa scheme is now done by none other than VFS!!! They recommend applications are made 3 weeks prior to travel.

Spanish Consulate in London

VFS Site for Spanish Schengen Visas

Edited by CharlieB
Posted (edited)
You require a Schengen visa to visit Spain Simple.

no. you don't.

poland is applying the EU directive correctly.

MAIN IMPLICATIONS FOR EU CITIZENS

As a citizen of a Member state of the European Union, you have the right to enter any other EU country without having to comply with special formalities. All you need is a valid passport or identity card. Your right to travel may be restricted only on grounds of public policy, public security or public health. Accordingly, your right to travel does not depend on your circumstances, whether you are travelling for professional or private reasons, you have the right to travel anywhere in the European Union.

If you are an EU citizen, you will no longer have to show your passport when crossing borders between Schengen Member States. However, the Schengen Member States have retained the right, on the basis of their national legislation, to carry out identity checks throughout their territory as part of police duties. The national legislation defines whether you should carry an identity card or a valid passport.

http://ec.europa.eu/youreurope/nav/en/citi...en.html#20122_4

family members of EU citizens have the same rights (google for brax-arrest) if they travel together, regardless of their nationality.

only problem is that airplane companies can refuse to take them on board if they don't have a visa.

Edited by bangla
Posted

Some EU countries recognise this Italy is one such country, however try travelling to Spain without a Schengen.

I would recommend you get a Schengen to travel they checked my wife had one on entry.

Until all the EU countries clarify this i would not travel without one.

Posted

Interesting topic, I always thought it would be impossible to go to another country unless someone from that country sponsored you.

Good to know. I know I'm changing the subject slightly but what about France, same same?

Posted

I agree with TV.

I know of one couple who the airline refused to carry to Spain as the nonEU partner did not have a Spanish visa.

As Schnegen visas are relatively easy to obtain, and free, if the spouse of an EU national, why take the risk?

Posted

because laws aren't only for citizens but also for governments.

the UK can be a pain but i know people who used their treaty rights and went to the UK without visa and got accepted.

Good to know. I know I'm changing the subject slightly but what about France, same same?

directive 2004/38/ec is the same for all EU countries.

Posted
because laws aren't only for citizens but also for governments.

True, but the couple I speak of did not get a chance to test Spanish immigration; they weren't allowed on the plane!

Up to individual couples in the end.

Posted
At the entry-airport in Spain any Thai female individual will have to sign the 3318 form that she has never worked in any kind of bar or as a sex worker. <snip>

Also, she will have to sign that she does not hold any property for you and that she has never received any money from EU citizens to purchase any property outside of the EU.

So what does she do if she has been a bargirl or has received money from an EU citizen to buy property in Thailand? Neither is particularly unlikely! Surely neither would be grounds for being refused an EEA family permit!

I found this on the Spanish London consualte site at http://www.maec.es/subwebs/Consulados/Lond...n_services.aspx :

IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEE National in possession of a valid UK Residence Permit are not requiered of a visa to enter Spain....

- looks good -

and then the killer:

... Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEE National, if not, a visa is requiered under the following conditions:...

At least, it scuppers it for us. My wife's settlement visa says she is my wife - but not that I am a British or EU citizen - but her ILR says nothing of her relationship. So, unless indefinite leave carnets have changes since my wife got hers, no joy there.

Posted
I agree with TV.

I know of one couple who the airline refused to carry to Spain as the nonEU partner did not have a Spanish visa.

As Schnegen visas are relatively easy to obtain, and free, if the spouse of an EU national, why take the risk?

Really, could you please give me an email link to get a schengen visa application form and who should I send the form to for my Thai wife. We would like to visit Germany on our next visit to UK.

IS IT REALLY FREE!!

Posted

She needs a Schengen visa and it is FREE for her but ONLY if she has a residency stamp in her passport. If she doesn't they won't give her one, she has to return to Bangkok to get it. They are not helpful in the Spanish Embassy in Bangkok

Posted
so we do not need a visa?

No you do not your wife needs a Schengen which entitles her to visit about 28 countries in Europe. The visa is free if the spouse is a E.U citizen. She will need to show sufficient funds for the visit, a return ticket and insurance for the time of visit. I obtained this info from the Spanish Embassy Bangkok 2 weeks ago. My wife will also need a proof of marriage by having the British Embassy stamp the Marriage cert. If you wish I can email you the form and info no problem. See you there next year. A Schengen from Thailand if not married is 2888 Baht. I know you are in the UK but any info helps.

Al the best

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