Schengen Length Of Stay

[natrobin]

Hello,

I'm looking for advise if anyone has any experience regarding Schengen visa..

I'm English and my wife is Thai. My wife has a visa issued for 6 months from 17 Oct 2012 to 14 Apr 2013.

We will enter Spain as the first entry on 1st of March. Can you advise if it's possible for my wife to stay 90 days in Schengen area counting from the first entry?

If not, is it possible to extend her stay based on her marriage to me?

She'll be travelling with me and our son (English) at all time.

Thank you very much,

Nathan

[tw25rw]

As I understand it, that is the case. Stays of up to 90 days at a time within the dates on the visa.

[natrobin]

As I understand it, that is the case. Stays of up to 90 days at a time within the dates on the visa.

Thanks. But if we can enter in March and stay 90 days, she'll be staying over the dates on the visa.

[Tony M]

As I understand it, that is the case. Stays of up to 90 days at a time within the dates on the visa.

Thanks. But if we can enter in March and stay 90 days, she'll be staying over the dates on the visa.

You have to be careful. Check the visa carefully. It may be a 6 month visa ( valkid for use over a 6 month period ), but it might say the maximum number of days that your wife can stay ( for instnce, 30 days). First check the number of entries it allows ( 1, 2 or multiple), then check the number of days it is valid for. If, for instance, it says 30 days, then that is the maximum number of days that she can stay. If it is a multiple entry visa, then she could enter as many times as she wants within the validity of the visa, but the total number of days cannot exceed whatever it says on the visa.

If you are confused, then post a copy of the visa ( a jpg.) and I will tell you what she can do. Delete or cover her personal details before you post it.

[natrobin]

Hi Tony,

The duration of stay is for 90 days, multiple entries and it's a C visa.

We are now in UK (family visit visa) and will be flying to Spain in March.

Please advise what we can do.

Many thanks.

[ThaiVisaExpress]

Hi Tony,

The duration of stay is for 90 days, multiple entries and it's a C visa.

We are now in UK (family visit visa) and will be flying to Spain in March.

Please advise what we can do.

Many thanks.

Your wife can stay for a maximum of 90 days during the validity of the visa, but she cannot remain later than the expiry date - that is 14th April 2013. The maximum period of stay on a C visa is 90 days ( not stays of 90 days during the validity of the visa). For periods longer than that, you are not considered to be a visitor, and require a D visa.

Tony M

[natrobin]

Thanks.

Is it possible to extend it while in the country?

If I have a job offered, can she convert it to residency permit??

[natrobin]

I have emailed Europa Advise and this is the reply ... can you put your thought on this?? Thanks..

You indicate that you are a British citizen. You further indicate that your wife holds a Valid Schengen visa which expires in April 2013. You are being offered a job in Spain, and plan on travelling to Spain in March 2013 (and so will your wife).

You wonder whether your spouse may stay in Spain for a longer period than the one which is on the face of her Schengen visa (which expires in April 2013).

Both you and your wife have the right to enter, reside and remain in the territory of any other Member State (in your case, by virtue of Article 21 of the Treaty on the Functioning of the European Union) (and for your wife under Article5 and 6 of Directive 2004/38) PROVIDED:

In your case a valid passport or national identity card is produced;

In your wife’s case, provided she holds a valid entry visa:

no other formality is required!

Both you and your wife will enjoy an unqualified right of residence in Spain for a period of 3 months (by virtue of Article 6 Directive 2004/38). Following that period, you and your wife will enjoy a right of residence under Article 7 Directive 2004/38, (given that you will be working in Spain).

Please follow the link for more information on this topic:
http://ec.europa.eu/youreurope/citizens/travel/entry-exit/eu-citizen/index_en.htm

However, before the elapse of 3 months, you and your wife must record your residence in Spain; for you, the outcome of this application will be a registration certificate , and for your wife, a Residence Card.

The condition for obtaining that residence card is that your wife must prove that you are working as an employee (article 7 Directive 2004/38).

Your wife will also need to establish that you are married .

Edited February 28, 2013 by natrobin

[ThaiVisaExpress]

I have emailed Europa Advise and this is the reply ... can you put your thought on this?? Thanks..

You indicate that you are a British citizen. You further indicate that your wife holds a Valid Schengen visa which expires in April 2013. You are being offered a job in Spain, and plan on travelling to Spain in March 2013 (and so will your wife).

You wonder whether your spouse may stay in Spain for a longer period than the one which is on the face of her Schengen visa (which expires in April 2013).

Both you and your wife have the right to enter, reside and remain in the territory of any other Member State (in your case, by virtue of Article 21 of the Treaty on the Functioning of the European Union) (and for your wife under Article5 and 6 of Directive 2004/38) PROVIDED:

In your case a valid passport or national identity card is produced;

In your wife’s case, provided she holds a valid entry visa:

no other formality is required!

Both you and your wife will enjoy an unqualified right of residence in Spain for a period of 3 months (by virtue of Article 6 Directive 2004/38). Following that period, you and your wife will enjoy a right of residence under Article 7 Directive 2004/38, (given that you will be working in Spain).

Please follow the link for more information on this topic:

http://ec.europa.eu/youreurope/citizens/travel/entry-exit/eu-citizen/index_en.htm

However, before the elapse of 3 months, you and your wife must record your residence in Spain; for you, the outcome of this application will be a registration certificate , and for your wife, a Residence Card.

The condition for obtaining that residence card is that your wife must prove that you are working as an employee (article 7 Directive 2004/38).

Your wife will also need to establish that you are married .

This is all correct. If you have proof of a job in Spain, or have started work already, then your wife must apply in Spain for a residence permit within 3 months of arrival. She is entitled to all of the provisions of EU law that you are. If she applies for a residence permit then it must, by law, be issued. As your wife she benefits from all of the provisions of free movement that you do and, as Europa say, this is all covered under EC Directive 38/2004. This is all slightly different from the holiday scenario you seemed to be talking about before. The area of EU law is fairly complicated and, taken to its extreme, means that your wife doesn't really need a visa even to visit Spain, but it is all so complicated to understand that it is best kept simple. That is, if your wife is going to Spain to visit, then get a visit visa.

The Spanish governement can be a bit difficult ( certainly here in Thailand, at their Embassy), and they sometimes interpret the Directive more strictly than they should. If you married in UK, then they will normally accept the UK marriage certificate, but they don't accept a marriage registered in Thailand for some reason, even though it is recognised as valid by the British government. You might find it worthwhile to register your marriage at the General Register Office in London before traveling, and taking proof of registration with you to Spain. In theory, all you need in Spain is proof that you are exercising your "Treaty Rights" ( and you can do that by showing proof that you are working, or intend to work) and your marriage certificate.

Tony M

[natrobin]

Tony, thank you very much for you help.

I'll let you know what happens without Thai married certificate in Spain.

BR

Nathan

[ankordj]

At first you wil not have problem if she goes to thailand or out shengen countries by her self, is spain if she goes with u and the kid the police even will not look at you, i am spanish , and it happend something like this before but we wasn´t marry