Schengen Visa For Wife Of Eu National

[The Learner]

question is what do you want to do in France? Holiday or move there to live? Thats a big difference and will decide what visa you need.

.

Hello yannic,

Thank you for taking the time to answer.

Our purpose to go to France will be caravanning holiday for about 2 months.

I will use our UK car and caravan to tour around France.

learning

[yannic]

so you have to apply for a Schengen Visa not a Spouse Visa, as the Spouse Visa is only for the case when you want to move there to live. If your wife has a 5 year valid passport with more then 3 years left to expire then you can apply for a 3 year Schengen Visa, its good for a max of 90 days per travel. Many people do not know this. If the passport is valid for 10 years you could even apply for a 5 year Schengen Visa.

Edited February 15, 2013 by yannic

[The Learner]

so you have to apply for a Schengen Visa not a Spouse Visa, as the Spouse Visa is only for the case when you want to move there to live. If your wife has a 5 year valid passport with more then 3 years left to expire then you can apply for a 3 year Schengen Visa, its good for a max of 90 days per travel. Many people do not know this. If the passport is valid for 10 years you could even apply for a 5 year Schengen Visa.

.

Dear Yannic,

Thank you for that great information.

Her 10 year passport still has 4 and half years still to expiry in November 2017.

Does the fact that heres is a 10 years one, and not a 5 years one still be OK for a 3 years Schengen visa?

I am guessing it will be?

We don't plan on living there.

Do you have a link to the 3 years Schengen visa requirements?

Thanks.

Learning

[yannic]

with 4,5 years valid passport, its good for the 3 years visa. Just go to the French embassy get the Schengen visa form and state that you want to apply for the 3 years Schengen visa as you go more often to Europe, they will surely give you that visa!!!

As for the requirements search at Google or look at the French embassy page, but its not much you need, I remember for my wife was just the passport as she is the wife from an EU citizen living outside Schengen but to be sure look at Google or at the embassy page...

Edited February 16, 2013 by yannic

[yannic]

found this, not sure if it helps...

http://www.expatexplore.com/french_schengen_visa.html

[The Learner]

with 4,5 years valid passport, its good for the 3 years visa. Just go to the French embassy get the Schengen visa form and state that you want to apply for the 3 years Schengen visa as you go more often to Europe, they will surely give you that visa!!!

As for the requirements search at Google or look at the French embassy page, but its not much you need, I remember for my wife was just the passport as she is the wife from an EU citizen living outside Schengen but to be sure look at Google or at the embassy page...

.

.

Thanks yannic,

Her having been in 2010, and again in 2011, it would make sense if they give her the 3 year Schengen visa.

Will they always be 90 stay each time, or is there an option to maybe longer?

The Learner

[7by7]

Maximum 90 days per stay as a visitor.

But if you are an EEA citizen exercising an economic treaty right in one of the Schengen states then once there with you she can convert to residency under the EEA regulations.

Different states have their own procedure for this, but the regulations say that she must be allowed to live there with you and that all applications etc. must be free.

Except for the state of which you are a citizen; then that state's own immigration rules apply; except in certain circumstances.

[The Learner]

Maximum 90 days per stay as a visitor.

But if you are an EEA citizen exercising an economic treaty right in one of the Schengen states then once there with you she can convert to residency under the EEA regulations.

Different states have their own procedure for this, but the regulations say that she must be allowed to live there with you and that all applications etc. must be free.

Except for the state of which you are a citizen; then that state's own immigration rules apply; except in certain circumstances.

.

Hello 7by7,

How would we go about doing that?

Sounds a great idea.

There must be a catch?

Learner

[7by7]

All EEA nationals have the right to exercise certain economic treaty rights throughout the EEA and have their qualifying family members live there with them.

These economic treaty rights are:

• Job seeking, but only for a limited period, usually three months;
  
• Working, employed or self employed;
  
• Studying;
  
• Living off independent means, e.g. retired with a pension.
  

Different EEA states have different means of issuing the relevant residency permits to non EEA family members. For the Schengen states I understand that the family member(s) obtain a standard Schengen visa, though in the application they should say why, and then apply to the appropriate authority for residence once in the state concerned.

The non EEA family member must be traveling with or to join their EEA national family member.

As said, though, you cannot use this route for your non EEA national family member to enter the state of which you are a citizen; unless you have been working, employed or self employed, in another EEA state, the family member concerned has been living there with you and you are now moving back to your home country.

Addendum:

The EEA (European Economic Area) is currently comprised of the 27 EU states plus Iceland, Liechtenstein, Norway and Switzerland.

Edited February 16, 2013 by 7by7

[The Learner]

Hello 7by7,

Thank you for your clear post.

So providing her gets, say for example a French issue Shengen visa, and when we both arrive in France together.

If I, as the British EU citizen and passport holder, then comply with your points listed below.

.

These economic treaty rights are:

• Job seeking, but only for a limited period, usually three months;
  
• Working, employed or self employed;
  
• Studying;
  
• Living off independent means, e.g. retired with a pension.
  

Then her would, after me working in for example France, (or any EU country)

and then apply to the appropriate authority for residence once in the state concerned.

Then with the residence permit, or stamp, or card, or whatever it is, would be eligible to cross the " UKBA strictly forbidden line to our non EEU wives" line into UK ?

Do I understand correctly?

Learning

Edited February 17, 2013 by The Learner

[7by7]

If you, a British citizen, have been living and working in another EEA state and your Thai wife has been living there with you and you then decide to return to the UK to live then she can use the EEA regulations to live in the UK with you.

In all other circumstances, whether traveling to the UK to live or just for a visit, she will have to comply with the relevant part of the UK's immigration rules.

Don't understand what you mean by

" UKBA strictly forbidden line to our non EEU wives" line into UK

Non EEA wives, husbands, partners etc. of British citizens are not "strictly forbidden" from entering the UK. Tens of thousands from all over the world do so every year.

Edited February 17, 2013 by 7by7

[The Learner]

hi 7by7,

All I meant was some thing like "the UKBA don't really want non EEA wives to come into UK.

Thats why I feel they make it so hard.

So getting back to the Schengen visa if I may,

I think there was a mention in a post, that when one applies for a Schengen visa, one should mention that one is going to apply for residence, via spouse of EU citizen.

Different EEA states have different means of issuing the relevant residency permits to non EEA family members. For the Schengen states I understand that the family member(s) obtain a standard Schengen visa, though in the application they should say why, and then apply to the appropriate authority for residence once in the state concerned.

Is this likly to set off their alarm bells, and not give the Schengen tourist visa because they know you will want to stay there longer?

Learning

[7by7]

I am firmly of the belief that in any visa application one should always tell the truth, the whole truth and nothing but the truth.

As an EEA national you have the right to live and exercise your economic treaty rights in another EEA country and have your non EEA national wife live there with you.

Saying that this is your intention from the outset cannot cause any alarms to ring.

Entering the Schengen area as a tourist and then attempting to change to residency may not be a problem; but why take the chance?

Edited February 17, 2013 by 7by7

[The Learner]

Thanks,

I understand much better now.

I have a friend in France, who has a small bussiness, of about 5 people.

If I get a job with hime for the summer, say 3-4 months, this would then lead the way to my nonEEU wife getting some EU residency then?

So really, she should mention on her Schengen application, that I (as her EU husband) will be taking up summer employment, and as such, she will be applying for residence permit.

Am I back on the right track?

If I take up employment for say 3-4 months, is there a minimum wage I should earn?

Should the real detail be that I must register with the tax authority, and register my local French rented accommodation?

Learning

[7by7]

Temporary employment is ok and there is no minimum wage required. However, once that job ceases and you become a jobseeker you only have approx three months in which to find another job or leave France.

I am unfamiliar with the French tax system and requirements etc., but as an employer then presumably your friend is.

May I suggest that if you have a specific aim you ask about that rather than talking hypothetically?

[The Learner]

We sent an email to the French embassy, a couple of days ago, asking that the following documents were all that was required fro a Schengen visa for my non-EEU wife.

1/ Her passport

2/ My Passport (as the [uK] EU holder)

3/ Our marriage certificate, which just happens to have an original English transcript from the marriage office where we married.

4/ A short 2 line statement that we would be traveling together.

5/ ID photo's

As my wife has already had 2 x French Schengen visas in the past 3 years, we considered it good to mention this, and quoted the previous French issued Schengen visa numbers and dates, so fingerprints have all previously been taken.

Today (20 February 2013) we got a nice email back, saying that, that is all we need to send, and to send it directly to the embassy by tracked post.

So tomorrow, we will send the documents.

Previous French Schengen visa's have been Tourist short stay , 6 months, with 90 days stay each time, multiple entry.

Learning

[yannic]

as mentioned ask for the 3 years Schengen Visa

[beano2274]

had a nice reply from the Italian Embassy in Bangkok, giving us an appointment to see the Section Visa Head, with the documents, however they failed to say which documents would be required, so I will use the list from the poster (The Learner) above, just have to get my marriage certificate certified by my Embassy.

The guy also said that the visas would be free for my wife and my Mother in Law, so great news there.

[The Learner]

had a nice reply from the Italian Embassy in Bangkok, giving us an appointment to see the Section Visa Head, with the documents, however they failed to say which documents would be required, so I will use the list from the poster (The Learner) above, just have to get my marriage certificate certified by my Embassy.

The guy also said that the visas would be free for my wife and my Mother in Law, so great news there.

.

.

Sounds good for you guys.

The appointment will be for fingerprinting I guess.

Are you simply applying for Schengen Tourist visa, multi entry "C" short stay?

The Learner

[beano2274]

here is the email from the Italian Embassy, giving the list of requirements

with reference to your e-mail, I hereby inform you that in applying for a schengen visa to Italy

spouses and relatives of a EU citizen are requested to bring the documents below specified:

- valid passport

- two pictures

- a certificate (or any other documents) proving the status of married with EU citizen

- an application form (that can be filled out at the Visa Section)

As for your mother in law, it will be necessary the same documentation above indicated, among which there is the necessity to prove by any documents her status of relative (mother in law).

[The Learner]

Hi Beano,

Do you have to be there with her?

Or is your attendance not required?

The Learner

[beano2274]

Not required as far as I know, she speaks great English anyhow. Only problem is the MIL, having to prove that she and my wife are related as the mother in law has changed her name a few times. But maybe she can get something from the local Amphur and we can get that translated and stamped at the MFA

[beano2274]

So just to add - translation of Thai Marriage certificate done and certified by the MFA, went to the British Embassy today to get their certification cost 1500baht ready this afternoon.

Also as MIL has changed her name we will be getting my wife's birth certificate translated and certified by the MFA as well as proof that MIL has changed her name on several occasions, this will also be translated and certified, appointment set with Italian Embassy for 13 March.

Wife will take:

passports new and old

Photos

Marriage certificate translated and certified by the MFA and British Embassy

Proof that we are traveling together

My passport.

also she will take

Mother in Laws passports old and new

photos

My wife's birth certificate to prove relationship to her mum translated and certified by MFA

Mother in laws proof of name changes translated and certified by the MFA.

They will both attend the appointment.

[The Learner]

here is the email from the Italian Embassy, giving the list of requirements

with reference to your e-mail, I hereby inform you that in applying for a schengen visa to Italy

spouses and relatives of a EU citizen are requested to bring the documents below specified:

- valid passport

- two pictures

- a certificate (or any other documents) proving the status of married with EU citizen

- an application form (that can be filled out at the Visa Section)

As for your mother in law, it will be necessary the same documentation above indicated, among which there is the necessity to prove by any documents her status of relative (mother in law).

Hi Beano,

We had a slight change of plans, Germany not France now.

A friend has offered us an apartment "to rent" in his home town in Germany.

He will also employ me in his small bussiness for as long as need be, no idea what he will want me to do, but thats not important right now.

I have put together a short letter, which we will send with her postal application.

Does it look right?

~~~~~~~~~~~~~~~~~

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT.

Freedom of Movement of EU nationals.

As per the above directive my wife will be applying for a Schengen Visa via TLS

Contact, at your Embassy

I have read the supporting documentation that you would like us to provide, however

I believe the following documents are the only ones required.

1. Schengen visa application form

1. Current passport of applicant

1. Current passport of EU Husband

1. Marriage certificate

1. I.D Photos of required specification and number.

Do you have any other requirements that are needed for this application?

She will be using the Freedom of Movement of EU nationals.

Yours faithfully

The Learner

Spouse husband to applicant The Learner'ess.

Foot note:

This principle is laid down in Article 5 (2) of the Directive. It is

interpreted in the Handbook for processing visa applications issued by the

European Council on March 19, 2010. Part III of the Handbook deals with family

members. It deals with the issue by asking three questions.

Question 1: Is there an EU citizen from whom the visa applicant can derive any

rights?

In this case she is married to an EU citizen.

Question 2: Does the visa applicant fall under the definition of “family

member”?

Spouse is defined as "core family member"

Question 3: Does the visa applicant accompany or join the EU citizen?

Yes, we will travel together.

I believe you only need to establish these three facts.

~~~~~~~~~~~~~~~~~~~~~~~~~

What you think?

The supporting documents list that was generated mentioned all the stuff like bank accounts, where to live in Germany etc, etc.

The Learner

[beano2274]

To the Learner, did not want to quote as then too many quotes.

I forgot to ask which country you are from?

Also if you have a Thai marriage certificate, then this needs to be translated, then certified by the MFA and finally certified by your Embassy in Bangkok.

We had a lot of trouble with the German Embassy, I even went there myself and spoke to the lady in charge ( I speak German ), and eventually we left it, my wife applied for a tourist visa, but surprise surprise she did not pay for it, but it was limited to 1 month.

At the moment we are translating documents for my MIL to get a visa under the same Directive, but since she has changed her name so many times it is proving to be a lot of work. If you need to translate you can do it by yourself below is a link to the templates you can use. The stuff for my wife has been completed and the Italian Embassy are really helpful in providing information and even appointments, so hats off to the, the Germans were very stubborn.

www.consular.go.th (I think your wife will have to search out where the templates are).

[dan1]

Hi guys I'm just after a step by step guide to getting my Thai wife a visa to visit Germany I am English and we live in England also. I would like to know the following if any one could help ?

1/ does the Thai marriage cert need to be translated ? If so any advice on where to get it done an roughth price would be appreciated

2/ do we have to apply in person or can we post it ?

3/ how long do we have to wait ?

4/ how long a visa would she be able to get because we will be visiting a lot as her mother lives there ?

Any advise would be good thanx guys

[The Learner]

To the Learner, did not want to quote as then too many quotes.

I forgot to ask which country you are from?

Also if you have a Thai marriage certificate, then this needs to be translated, then certified by the MFA and finally certified by your Embassy in Bangkok.

We had a lot of trouble with the German Embassy, I even went there myself and spoke to the lady in charge ( I speak German ), and eventually we left it, my wife applied for a tourist visa, but surprise surprise she did not pay for it, but it was limited to 1 month.

At the moment we are translating documents for my MIL to get a visa under the same Directive, but since she has changed her name so many times it is proving to be a lot of work. If you need to translate you can do it by yourself below is a link to the templates you can use. The stuff for my wife has been completed and the Italian Embassy are really helpful in providing information and even appointments, so hats off to the, the Germans were very stubborn.

www.consular.go.th (I think your wife will have to search out where the templates are).

Hi Beano,

We are in China.

We asked them this~~~~

Thank you for your kind information.

My husband (EU Citizen) and myself will plan to visit for the German Schengen visa.

I see from your email that your are open hours are from 08:00h to 09:00h Monday to Friday.

Can you be so kind to confirm the following is we need to bring for Schengen visa for wife

of EU citizen.

1) 1/ Schengen visa application form

2) 2/ Current passport of applicant

3) 3/ Current passport of EU Husband

4) 4/ Marriage certificate (Which is already translated to English my the marry office)

5) 5/ I.D Photos of required specification and number.

Do you have any other requirements that are needed for this application?

She will be using the Freedom of Movement of EU nationals.

Thank you .

I got this back from the German Embassy~~~~

Dear Madam or Sir, Thank you very much for your e-mail. The list is complete, but what you could add is an explanatory letter in case you want to mention any other issues you like to be brought to attention of the embassy (additional contact data in China, in Germany etc. etc.).  SincerelyVisa Section of the German Embassy in Beijing

We are in China, her is not Thai, but all the same EEA rules and regulations apply.

They also confirmed the visa was free, and no cost at all.

TL.

[beano2274]

To The Learner, I got an email from the EU Helpdesk it also mentioned proof that we were traveling together.

To DAN1 what visa for the UK does your wife hold? The marriage certificate is in Thai, so how will they understand it at the German Embassy, it needs to be translated and certified, no idea of costs. I believe that you have to apply in person as biometrics need to be taken. If using the directive they must issue quite quickly, please read the Directive to ascertain how long it is called EU Directive 2004/38/EU, she can have a long term visa this is at the discretion of the person issuing it.

[beano2274]

The Learner - what is your nationality? If German then different rules apply, and the EU Directive is not applicable to you if visiting Germany.

[The Learner]

The Learner - what is your nationality? If German then different rules apply, and the EU Directive is not applicable to you if visiting Germany.

Hi Beano,

I am British UK.

You are quite right, had I been German, then this Surinder Singh route would not be right.

My wife has had several Shengen visa's so we were offered to apply by post to TLSContact, the visa handelers, as they already have fingerprints records.

As it is though, we will both travel to Beijing, to visit the German embassy.

Thank you for reminding me (us) that we should also provide proof, as in booking plans, that we will indeed travel together, along with the above list I mentioned to them about.

Perhaps where the German embassy said "

The list is complete, but what you could add is an explanatory letter"

Perhaps this is what they were hinting at.

TL