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Posted (edited)

My wife and i are due to go to the Spanish consulate in Edinburgh on Friday, But just Got a very big snag!!!! just read the following statement

Evidence that the applicant has sufficient funds to cover the cost of the intended stay, in the form of a recent full bank statement covering the last THREE MONTHS of your current account, sent to and showing the applicant's home address. You must have a minimum of £500 for any period of stay up to 9 days and £45 per any extra day after the 9th.

My wife has only her Bangkok bank book that only shows her name in Thai and no address and it does not contain the £500 required

I have phoned the consulate up and they say that she must have £500 in her Bank, I have explained that i am paying for her trip, But i was told that it does not matter.

I have asked if its possible to pay some money into her Bangkok bank account and show paperwork that the payment has been made, I have to phone back and they will let me know, But it does not sound good.

She would really need a UK bank account for her to go to Spain.

any ideas

We are suppose to be flying out on the 13th December

Malc

Edited by malct
Posted

My wife was unable to get a Schengen visa because her leave to remain was due to expire within three months of the visit but as far as I know you need to show that there are sufficient funds to cover the period of travel.

As you are travelling together I would take your bank statements as well! There should be no requirement to have a set amount in her account over the three month period. It does not take long to open a basic bank account for her and put the money in there. Her Thai bank book is of little value even if she had £500 in there if she has no access to those funds.

Perhaps they will accept confirmation that an account has been opened and a stamped paying in slip to show funds are there! You may be a bit at their mercy but a polite explanation of the situation might help!

Schengen visas can be a bit of a pain. Does your wife have a credit card? This should do (even if as an additional cardholder) as long as you take a statement showing sufficient availability of funds.

Posted (edited)

Kindly remind the Embassy that those requirements do not apply to your wife as per EU law.

As far as I am aware it depends on what type of documentation is in the passport. I tried to find out earlier and am not sure I am any the wiser. If your wife has a UK residency permit in the passport there is no need for a Schengen visa but I know little about this and it seems to be something you need to apply specially for.

I was under the impression that if your wife has ILR and travels with you there is no requirement for a visa but some airlines are touchy about this. I thought this did not apply for TLR! Hopefully someone with greater knowledge will confirm or correct this!

Just to add to my confusion have just found this:

Schengen Visa for Spouse of British National

It is a common misunderstanding that if a person is married to a British citizen, they do not need aSchengen visa to enter the Schengen area.

But British residency – limited or indefinite does not give its holder the right to travel freely across Europe since the United Kingdom is not a member of the Schengen agreement. Therefore, its visas and residency are not acknowledged by the Schengen states.

But spouses of British nationals still have certain advantages when applying for Schengen visas at some consulates. We advise you to check on the Schengen embassies websites which countries allow this easy option. For example, if a person married to a British citizen applies for a Schengen visa for France, they will not have to produce the whole list of documents ( payslips, hotel booking, insurance, etc) required from other applicants who are not spouses of British nationals. But if the same person wishes to apply for a Spanish Schengen visa, they will have to provide the same documents as everybody else. So, the French Schengen visa is the easiest and quickest option for spouses of British passport holders.

Below is a list of required documents to apply for a French Schengen visa:

Passport of the applicant and their spouse;

Completed and signed visa application form and two most recent passport size photos;

Marriage certificate in original (if you got married outside the UK, the marriage certificate must be translated and the translation must be certified at the relevant embassy in the UK);

Edited by bobrussell
Posted

Kindly remind the Embassy that those requirements do not apply to your wife as per EU law.

As far as I am aware it depends on what type of documentation is in the passport. I tried to find out earlier and am not sure I am any the wiser. If your wife has a UK residency permit in the passport there is no need for a Schengen visa but I know little about this and it seems to be something you need to apply specially for.

I was under the impression that if your wife has ILR and travels with you there is no requirement for a visa but some airlines are touchy about this. I thought this did not apply for TLR! Hopefully someone with greater knowledge will confirm or correct this!

You need a Schengen visa unless you have an EU family permit or residence permit. ILR is not considered to be the same unfortunately. Although technically it is; however the problem is one has been issued under EU law and the other UK law. One could just travel with the marriage certificate but would face a lengthy "discussion" at port of entry.

What I was referring to is the finance requirement. It is not applicable to a spouse of a UK national. All that's needed under EU law for a Schengen visa to be issued to such a person is the marriage certificate.

The Spanish are notorious for failing to apply EU law correctly.

Posted (edited)

In your edit you quote a website that has it wrong. Members of the Schengen area are not free to apply whatever criteria they want, although some will try to. That's why SOLVIT exists.

Edited by bangkockney
Posted (edited)

Hi all

After speaking to the Spanish consulate this afternoon regarding bank statements, I was told that it was possible to open a joint account with my wife's name first on the account, (he also told me to email the consulate regarding the problem) So i have been to a local bank and told that i was unable to open up a joint account because my wife was not working, unless i changed bank accounts and made my name the main name. to cut a long story short, I phoned the consulate up and told them that i was unable to open an account up, i was told that my wife HAD to show 3 months statements or she would not get the Schengen Visa. So i gave up with the thought of loosing £750.

Just got home and i have just got a Email... I believe that the email is saying that my wife does not require any Bank statements!!!! How do you fellow TV Think. I should be on the road to Edinburgh at 7am in the morning

Dear Mr. X,

If she is married with an EU citizen she needs to provide only the documents listed in set 1 an2 plus the documents listed under paragraph 1: DEPENDANT OF EU/SPANISH NATIONAL

ORIGINAL DOCUMENTS AND PHOTOCOPIES MUST BE PROVIDED AT THE TIME OF APPLICATION ARRANGED IN TWO SEPARATE SETS IN THE FOLLOWING ORDER:

SET 1: ORIGINALS

1. Duly completed application.

2. Travel Plan.

3. One recent colour photo.

4. Passport (3 months longer than the validity of the requested visa).

5. Residency card (where applicable) with a validity of at least 3 months.

6. Return bookings confirmed by the carrier company (Flight, train or ferry).

7. Additional documents depending on the type of visa you are applying for. Please see below paragraph titled SCHENGEN VISAS.

SET 2: PHOTOCOPIES

1. Duly completed application form.

2. Travel Plan.

3. Passport photo page

4. UK Residency Permit or Residency card.

5. Return bookings confirmed by the carrier company (Flight, train or ferry).

6. Additional documents depending on the type of visa you are applying for. Please see below paragraph titled SCHENGEN VISAS.

*Please bring a Special Delivery Envelope paid up to 500 grams so we can return your passport by post.

Their was no paragraph added for schengen Visas in the Email!!!!

Edited by malct
Posted

Looking at the Additional documents depending on the type of visa you are applying for. Please see below paragraph titled SCHENGEN VISAS.

It states the following

1. DEPENDANT OF EU/SPANISH NATIONAL

Original EU passport or national ID Card of the EEA/EU national.

Original Marriage Certificate (Non EU documents must be legalised according to the 1961 Hague Convention; birth certificate in case of children or dependants).

An original document with proof of address such as a household bill, recent full bank statement.

Dependant children must present original birth certificates.Dependant ascendants (parent) must present the original birth certificate for the son/daughter proving the family link.

2. SCHENGEN AND TOURIST VISA

Recent letter of employment (less than three months old), addressed to the Spanish Consulate General (please do not bring the contract of employment or pay slip).

If self-employed, a letter from one of the following: solicitor, accountant, bank manager or Local Chamber of Commerce confirming your self-employment.

If you work for a family: letter of employment, employer’s passport and recent bank statement (covering the last THREE MONTHS).

In case of students: Recent letter (less than three months old) from school or University on letter headed paper confirming ATTENDANCE (a letter of enrolment is not acceptable).

Evidence that the applicant has sufficient funds to cover the cost of the intended stay, in the form of a recent full bank statement covering the last THREE MONTHS of your current account, sent to and showing the applicant’s home address. You must have a minimum of £500 for any period of stay up to 9 days and £45 per any extra day after the 9th.

Nothing is simple looking at what they are after!!!

Malc

Posted

The requirements are enshrined in EU law, regardless of what the Spanish tell you.

As she is married to an EEA citizen the marriage certificate is enough to get the visa. No further documentary requirements apply.

They can't even ask for confirmed return flights. It is not required by law! Stand up for your wife and ensure her rights are recognised!

Posted (edited)

I have sent a Email to the Spanish consulate in Edinburgh telling them about my Rights, not sure if i have quoted the Correct section, but its worth a try.

I believed that as my Thai wife was Married to a EEA UK citizen, Then a marriage certificate was Enough under the rights of free movements

Rights of Free Movement

Nationals of the Member States of the EU and of the EEA enjoy the right of free movement under EU law, and are only subject to limited immigration control. The right of free movement is primarily governed by the EC Treaty, regulations and directives adopted under it, and the European Economic Area Agreement.

Although immigration authorities are entitled to continue to check the passports or identity cards of those seeking to enter in order to ascertain identity and nationality, they are not entitled to ask any further questions about intention, availability of funds, sponsors or the like.

at the Moment i can supply

1. Completed application form.

2. Travel Plan.

3. Passport photo page

4. UK Residency Permit or Residency card.

5. Return bookings confirmed by chartered airline and Hotel

6. Insurance inc death and illness

7. Original Marriage Certificate

I am now waiting for a reply from them.

Edited by malct
Posted

Just got a Email back saying The bank statement is not mentioned in the information provided for spouse of EU citizens, therefore she doesn’t need to provide it.Phoned the visa officer who was the most unhelpful person i have spoken to, He told me that everything that i need to know is in the information pack and that i should read it, I told him that the Information pack is confusing and could he please tell me what i need to bring to Edinburgh, he said read the information in the pack!!!

I told him that i was suppose to be at the consulate's office today , But i was told on the phone yesterday that i would be wasting my time because I could not show any bank statements from my wife for the last 3 months, He said , where does it tell you to bring bank statements. I told him it was under the paragraph titled SCHENGEN VISAS and dependant of EU/Spanish nationals. , He told me that the Paragraph only applied to spanish people and asked me if i was spanish, I told him no, But the UK is a member of the EU, He told me that we were not!!! I guess what he was meaning that we were not a member of the Schengen state, But still confused...

We have now got an appointment on monday

Posted

I am glad it is not just me that is confused! I thought I understood the Schengen visa system. Clearly I don't but nor do the staff at Embassies it seems!

Unfortunately it does not matter that much what the rights and wrongs are. If an Embassy/Consulate says you need to turn three times clockwise, twice anti-clockwise and jump twice before you can get a visa then sadly you need to do that!

If you are going to fight the Spanish authorities it is probably not a good idea to do it a few weeks before travelling!

The French seem to be much better organised but I am not sure if you can get a French visa in Edinburgh and it would mean changing flight arrangements so unlikely to be practicable!

It may be worth phoning the Spanish Embassy in London for advice!

Posted

The French seem to be much better organised but I am not sure if you can get a French visa in Edinburgh and it would mean changing flight arrangements so unlikely to be practicable!

I may be wrong but ...

If you apply for Schengen visa from the French embassy/consulate you don't have to show a flight ticket because you can travel by car to France.

Once the visa stamp is in the passport of your wife she is entitled to travel to all of the Schengen countries.

This will also include travelling to Spain. And it is not necessary to go to France first.

Just an idea

Good Luck

Posted

Just back from the Spanish consulate's office in Edinburgh

We were let into the office and my wife was called to the counter, I got up to help her but told to go and sit down.

After 5 minutes i heard him ask if her passport photos were old, My wife was not sure what he meant, I told him that the photos were taken 2 month ago

He then called me up and told me that she needed a new passport photo because he thought that the photo were a lot older and also I did not put a copy of my main page of my passport among the documents. (Not my wife's passport but mine!!!)

He also told me that i have not put my wife's name or address on the pre paid envelope.

I asked were i could get the Photo done, He said , I don't know, If your wanting to submit the application, I suggest you go and find somewhere.

The Bloke on the desk told me to go across the road for the photo copy of my Passport, Got to the shop and they wanted £10 for 1 Photo copy, she said its company policy to charge a Minimum of £10 for anything. I called in at the HSBC and they did a copy for Free, Call new passport photo from boots and then it was back to the consulates office, This time i was told that i was not allowed in with my wife and the guy on the desk told me that he got a telling off for allowing me in Earlier. After an hour waiting , My wife finally submitted the paperwork and now its waiting for the return of the Passport.

The Guy on the desk told me that the French consulate in worse in Edinburgh!!!!

Malc

Posted

For a country that relies heavily on tourism the Spanish don't seem to want tourists....

I've heard so many negative stories about Spanish embassies not wanting to issue or just being complete s#!+s re Schengen visas that I don't think we will be rushing to go there when Mrs Phomthai gets her UK setlement visa even though we have friends there!

France was so much easier...

Posted

Just to let you know, My wife got a Schengen visa this morning.

7by7 I have the Full information pack if you want to use it on the site.

Malc

Posted

There seems to be widespread disregard / ignorance shown by various consulates of the EU directive when it comes to processing Schengen visa applications of EU citizens' family members.

As Bangkockney states there is no legal requirement for a spouse to produce any document other than a marriage certificate. Unfortunately, as already posted, often consulates insist on the same documentation and payment requirement as applicants with no EU family ties.

Below is a reply I recieved from SOLVIT when I questioned a request for payment to my wife for a type C schengen visa (this request came from a consulate that had previously issued her a visa free of charge!) It appears that this problem of consulates "being difficult" is well known.

They can also be difficult when it comes to the marriage ducumentation in my experience. Some EU countries require the Thai marriages of their citizens to be legally registered in their home country too. The UK does not, accepting a Thai certificate as proof of legal marriage. So even when submitting a MFA legalized translated certificate they have questioned whether a Thai marriage is legally recognized in the UK.

Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Good morning,

Under EU legislation your Thai spouse is indeed required to hold an entry visa (v. article 5 (2), first paragraph of Directive (EC) N.º 2004/38 OF 29 April 2004 and Annex I of Regulation (EC) n.º 539/2001 of 15 March 2001). However, your assumption that she can get her entry visa free of charge is correct. This rule is set forth in article 5 (2), second paragraph of Directive (EC) N.º 2004/38 which reads as follows: “Member States shall grant such persons [family members who are not EU nationals of a Member State] every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure”. Also, in order to apply for the entry visa, she should not be required to file insurance evidence nor financial statements but rather a marriage certificate to prove that she is married to you.

Accordingly, we suggest that you revert to the Consulate with this info and insist on the issuance of the visa free of charge and without unjustified documentation requirements. However, please be prepared to the fact that, unfortunately, sometimes consulates can be difficult. In case they insist, you may want to file a complaint with SOLVIT, which is an EU network aiming to solve amicably cases of bad application of EU law by national administrations.

We hope this information may be of assistance to you.

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

Yours sincerely,

Your Europe Advice

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