Visa To Spain For My Wife, Who Is Thai

[myassisabanjo]

I'm British. Wife Thai. Our son has Thai and British passports.

Job offer in Spain and we are up for moving there - but, my wife would need a visa for Spain, is this possible? if so how?

muchas gracias.

[goatfarmer]

As the core family member of an EU citizen your wife is entitled to reside in spain with your for a period of three months. She merely has to prove that she is married to an EU citizen and that you are travelling together or she will join you there.

See the reply that I wrote to Beano's question for further details:

[myassisabanjo]

Thanks, that is really helpful. It is not long enough though, we are thinking about moving there permanently.

I'm beginning to think we will have to get a settlement visa for the UK first. Do you know if that would help in the short term? If she had a 2 year settlement visa would we still only be able to go to Spain for 3 Months?

[7by7]

There is no need for your wife to obtain a UK settlement visa, unless you both intend to live in the UK.

As an EEA national you have certain economic treaty rights. One of which is to live and work in any other EEA state and have your family, even if they are not themselves EEA nationals, live there with you.

Under this right there is no time limit on how long you can remain in Spain and your wife remain there with you; as long as you continue to exercise an economic treaty right; i.e. employed, self-employed, student or living on independent means such as a pension. The only economic treaty right with a time limit is job seeking, where the limit is 3 months.

Different countries have different procedures for handling this. I believe that for a Schengen state such as Spain she would apply to the Spanish embassy in Bangkok for a standard 90 day visa and then apply for residency once in Spain. After living in Spain for 5 years she could apply for permanent residency if she wished.

Under the EEA regulations such applications must be processed with the minimum of delay and free of all charges.

[goatfarmer]

Stays of longer than three months are covered by Article 7 of the Directive.

Article 7

Right of residence for more than three months

1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:

(a) are workers or self-employed persons in the host Member State; or

(b have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or

c) — are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and

— have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence; or

(d) are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a), (b or (c.

2. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b or (c.

Edited October 30, 2012 by goatfarmer

[myassisabanjo]

Fantastic news! Thanks guys, I really appreciate it.

[ScottFtr]

Interesting news that, I have been thinking about moving to Europe from Thailand and started looking into visas etc when I came across this thread. Just suppose we wanted to go to Spain for 90 days to have a look around, We would just apply for a visa in Bangkok and take it from there? Is there much of a process in applying for said visa? UK citizen with Thai wife and son born in Thailand with 2 passports.

[7by7]

Spain have outsourced their visa applications in Thailand to VFS Global, though decisions are still made at the embassy by Spanish officials.

All the details you need for her to apply can be found on the VFS website.

As she is the spouse of an EEA national and will be travelling with her spouse (you) many of the questions on the form and other requirements wont apply to her, and it should be free.

[Jay Sata]

Interesting news that, I have been thinking about moving to Europe from Thailand and started looking into visas etc when I came across this thread. Just suppose we wanted to go to Spain for 90 days to have a look around, We would just apply for a visa in Bangkok and take it from there? Is there much of a process in applying for said visa? UK citizen with Thai wife and son born in Thailand with 2 passports.

I'm not sure what your plans are but having just arrived back from Malaga and Cadiz I'd say your chances of work are slim.

Is it a proper job or a commission/sales job?

Around 25% unemployment in Spain is not good news.

I suspect you are looking at coming back to the UK via Spain.

I'm not going to discuss the problems you'll face but not an easy route.

On the bright side property rental after September is cheap.

Edited August 23, 2013 by Jay Sata