Visa to europe with a UK tourist visa

[paul1004x]

Hi,

This is my first ever post on here. I would like to know what I have to do for my TGF to travel to Spain, ie visa,what type ? She has a 6 month uk tourist visa valid till mid Jan. 2014 . I cant seem to get the right info as I've read so much conflicting views. It seems the case, maybe I have to personally attend the Spanish Embassy as it is nigh on impossible to get in touch with them. I would be very grateful if someone could put me in the right direction or have any experience with the same situation and wether it is easy enough to do, I am looking to travel to Ibiza end of August........

Help

[Trembly]

Spain is a member of the Schengen Area. The UK isn't.

She would need to get a visa from a Schengen Area country in order to be able to enter Spain.

The first thing I'd do is go to the Spanish embassy to find out what evidence is required for a Schengen visa and how long it will take from start to finish. If it turns out that they have to mail applications all the way to Spain to be processed before mailing the results back, it may be an idea to go to the UK first and apply at the Spanish embassy in London.

Technically, the fact that your girlfriend has a valid 6 month UK visa in her passport should be completely irrelevant to the Spaniards. However, if your girlfriend applies for the visa in London the Spanish authorities may take into account the fact that your girlfriend has already qualified for a UK visa and is using it to it's intended purposes, which could put her application in a more favourable light than if it was made in Thailand. That's just pure speculation on my part, mind.

Edited July 30, 2013 by Trembly

[theoldgit]

Your girlfriend has to apply for a Schengen Visa to visit Spain in her country of residence, she cannot apply in the UK and must apply in Bangkok.

You will not need to attend the Embassy, she will need to attend the Visa Application Centre in Bangkok, or the Spanish Consulate by appointment, and submit her application.

All the details are here including the cost of the application and the documents required. But basically she must provide proof of the travel arrangements out of the Schengen Area, confirmed accomodation details, availability of funds and insurance cover.

[paul1004x]

Spain is a member of the Schengen Area. The UK isn't.

She would need to get a visa from a Schengen Area country in order to be able to enter Spain.

The first thing I'd do is go to the Spanish embassy to find out what evidence is required for a Schengen visa and how long it will take from start to finish. If it turns out that they have to mail applications all the way to Spain to be processed before mailing the results back, it may be an idea to go to the UK first and apply at the Spanish embassy in London.

Technically, the fact that your girlfriend has a valid 6 month UK visa in her passport should be completely irrelevant to the Spaniards. However, if your girlfriend applies for the visa in London the Spanish authorities may take into account the fact that your girlfriend has already qualified for a UK visa and is using it to it's intended purposes, which could put her application in a more favourable light than if it was made in Thailand. That's just pure speculation on my part, mind.

Thanks Trembly, this was my thinking exactly, as I have a friend who did the same but said that Spain is one of the more difficult countries to enter. I,m just wondering what documentation I will need to apply !!

[paul1004x]

Your girlfriend has to apply for a Schengen Visa to visit Spain in her country of residence, she cannot apply in the UK and must apply in Bangkok.

You will not need to attend the Embassy, she will need to attend the Visa Application Centre in Bangkok, or the Spanish Consulate by appointment, and submit her application.

All the details are here including the cost of the application and the documents required. But basically she must provide proof of the travel arrangements out of the Schengen Area, confirmed accomodation details, availability of funds and insurance cover.

Thanks but this not an option as she is already in the UK. As I read it on the UK Border Control website she is allowed to travel aboard as she wants, but to contact the relevant embassy to check first, so looks like I will have to travel to London to hear it 1st hand.

[Basil B]

Your girlfriend has to apply for a Schengen Visa to visit Spain in her country of residence, she cannot apply in the UK and must apply in Bangkok.

You will not need to attend the Embassy, she will need to attend the Visa Application Centre in Bangkok, or the Spanish Consulate by appointment, and submit her application.

All the details are here including the cost of the application and the documents required. But basically she must provide proof of the travel arrangements out of the Schengen Area, confirmed accomodation details, availability of funds and insurance cover.

Thanks but this not an option as she is already in the UK. As I read it on the UK Border Control website she is allowed to travel aboard as she wants, but to contact the relevant embassy to check first, so looks like I will have to travel to London to hear it 1st hand.

The UKBA may well say she can travel abroad as she wants but she still needs a Schengen Visa if she only has a Thai Passport.

I am sure what TOG says is quite correct, she will have to apply in BKK and it is not possible to do so in the UK as she is a visitor, not resident in the UK.

[theoldgit]

Sorry I didn't realise that your girl friend would be in the UK for the full six months.

Whilst the normal rule for Schengen Area Countries is that an applicant should apply in their country of residence, the Spanish allow somebody who is resident for three months or more to apply in the UK, so your girlfriend could be lucky. Whilst the Spanish allow somebody who are resident in the UK for a minimum of three months to apply, that would depend if they mean a minimum of three months at the date of application, which she will not be, or if your girlfriend can persuade them that she will be staying in excess of three months and they will allow that, I really don't know how they will interpret their rule.

The Visa Application Centre has this statement on their website:

The SPANISH CONSULATE GENERAL IN LONDON is pleased to announce the opening of its Visa Application Centre operated by VF Services (UK) Limited in London. This service is available to all nationals who are resident in the UK for a minimum of 3 months under the jurisdiction of the SPANISH CONSULATE GENERAL IN LONDON ,who wish to apply for a tourist, business or transit visa to Spain.

Depending where you live in the UK determines which Consulate you use, London or Edinburgh.

This website explains which consulate has juristiction for your location and the documents required. http://es.vfsglobal.co.uk/london/

As a side issue, when your girlfriend applied for her UK Visa, did she indicate that she intended staying in the UK for the full six months?

[Madgee]

A Schengen visa in general needs to be applied for in the country the applicant resides in.

An application while in the UK on a visitor status is only possible when the applicant is able to justify why an application from home was not possible.

You may try to apply for a visa, but be prepared that it can take several weeks before a decision is made. The consular officers of the country you intend to visit, stationed in the United Kingdom are able to check the genuineness of documents originated in the United Kingdom; they are not able to check documents from Thailand, hence the application with the supporting documents will be sent by diplomatic courier service through the Spanish Ministry to the Embassy of the country in Thailand for recommendations.

It's worth enquiring at the Spanish Embassy in person.

Many international students in the UK, who were unaware of the need for a Schengen visa to visit Europe, are successful in obtaining a visa by using an appointed agent of their educational institution. I know from experience that Spain is one of the most tedious to deal with.

[paul1004x]

Sorry I didn't realise that your girl friend would be in the UK for the full six months.

Whilst the normal rule for Schengen Area Countries is that an applicant should apply in their country of residence, the Spanish allow somebody who is resident for three months or more to apply in the UK, so your girlfriend could be lucky. Whilst the Spanish allow somebody who are resident in the UK for a minimum of three months to apply, that would depend if they mean a minimum of three months at the date of application, which she will not be, or if your girlfriend can persuade them that she will be staying in excess of three months and they will allow that, I really don't know how they will interpret their rule.

The Visa Application Centre has this statement on their website:

The SPANISH CONSULATE GENERAL IN LONDON is pleased to announce the opening of its Visa Application Centre operated by VF Services (UK) Limited in London. This service is available to all nationals who are resident in the UK for a minimum of 3 months under the jurisdiction of the SPANISH CONSULATE GENERAL IN LONDON ,who wish to apply for a tourist, business or transit visa to Spain.

Depending where you live in the UK determines which Consulate you use, London or Edinburgh.

This website explains which consulate has juristiction for your location and the documents required. http://es.vfsglobal.co.uk/london/

As a side issue, when your girlfriend applied for her UK Visa, did she indicate that she intended staying in the UK for the full six months?

Ok.... a visit to the Spanish embassy (London) early tues morning, I got to speak to a very helpful assistant, who duly told me there would be no problem for a visa for my TGF but I would need to apply at VFS near Paddington, so off we went to their office, on arrival it was very busy, telling them I had no appointment they sent me straight to the appropriate enquiry desk, after giving them all the details for a planned visit to Ibiza they told me exactly what was said here and elsewhere that she could only apply in her country of residence !!! this was disappointing news as technically she is resident in the UK albeit for 6 months only but VFS were really not interested saying that the Spanish would not except any application from the UK. I actually went back to the embassy and explained what had happened but said that all applications were dealt with VFS now.......so what now ? Is there any other avenues to get round these stupid rules !! Why is it some nationalities are free to go where they want, inc. Asians but not Thais. I thought about just booking to go and on arrival just plead ignorance, would they turn her back to the UK ? If anyone knows of any loopholes or contacts, I would love to know.....thanks for your help......farang sao jai

[7by7]

after giving them all the details for a planned visit to Ibiza they told me exactly what was said here and elsewhere that she could only apply in her country of residence !!! this was disappointing news as technically she is resident in the UK albeit for 6 months only

No, she isn't.

To be resident in the UK, technically or otherwise, she would need the appropriate visa or leave to remain.

She has a visit visa, so technically and in every other way she is a visitor, not a resident.

If she turned up at a Spanish airport without the appropriate visa she would be denied entry; but she wouldn't get that far as the airline would refuse to carry her without a valid visa for Spain.

Ferry or tunnel and then overland? Same.

[theoldgit]

Under EU regulations Consulates are allowed to outsource the collection of visa applications, "as a last resort" but they are required to have a system where you could lodge an application directly at the Consulate, it doesn't mean that you can just pitch up and hand it in, but they are obliged to offer you a choice between using an Application Centre and handing an applcation in at the Embassy, and that choice must we readily availabe.

The EU publish a handbook describing how a visa section should be set up, and this handbook advises visa sections that they must allow applicants a choice of using an application centre, or lodging directly. I am aware that some Consulates offer this choice on their website, and some don't.

4.4. Direct access

Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice. The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider

The EU issue a guidance manual called the Schengen Handbook, this is a consolidated list of all the instructions and regulations pertaining to EU Visa Law, and is a guidance for Schengen Visa Sections. This handbook does say that you should normally apply in your country of residence, but in exceptional circumstences a Consulate could consider an application from a non-resident, but I don't think they would consider an application in the circumstances you describe.

2.8. Can a consulate accept an application from an applicant not residing in the

jurisdiction of the consulate?

Legal basis: Visa Code, Article 6

As a general rule, only applications from persons who reside legally in the jurisdiction of the competent consulate (as described in points 2.1-2.5) should be accepted. However, an application may be accepted from a person legally present but not residing - in the jurisdiction of the consulate where the application is submitted, if he can justify why the application could not be lodged at a consulate in his place of residence. It is for the consulate to appreciate whether the justification presented by the applicant is acceptable.

So yes, you can lodge directly at an Embassy, and it is possible to apply in a country that you are resident in exceptional circumstances.

So you could make contact with the Embassy and remind them of the rules, maybe try and talk to the helpful lass again, but it would probably get their backs up, it depends how important this proposed trip is.

[paul1004x]

after giving them all the details for a planned visit to Ibiza they told me exactly what was said here and elsewhere that she could only apply in her country of residence !!! this was disappointing news as technically she is resident in the UK albeit for 6 months only

No, she isn't.

To be resident in the UK, technically or otherwise, she would need the appropriate visa or leave to remain.

She has a visit visa, so technically and in every other way she is a visitor, not a resident.

If she turned up at a Spanish airport without the appropriate visa she would be denied entry; but she wouldn't get that far as the airline would refuse to carry her without a valid visa for Spain.

Ferry or tunnel and then overland? Same.

Fair comment. Would this apply to all EU countries ? As I've had an invitation to go to Amsterdam but relating to all this folly it seems that the same will apply. Also you say she wouldn't get as a far as airline ? would this be the same in Eire ?

[theoldgit]

Would this apply to all EU countries ? As I've had an invitation to go to Amsterdam but relating to all this folly it seems that the same will apply. Also you say she wouldn't get as a far as airline ? would this be the same in Eire ?

All Schengen Area Countries work to the same directives, so yes The Netherlands would be the same.

Eire is not in Schengen and requires a seperate visa, I don't know what their rules regarding applications are.

[paul1004x]

Under EU regulations Consulates are allowed to outsource the collection of visa applications, "as a last resort" but they are required to have a system where you could lodge an application directly at the Consulate, it doesn't mean that you can just pitch up and hand it in, but they are obliged to offer you a choice between using an Application Centre and handing an applcation in at the Embassy, and that choice must we readily availabe.

The EU publish a handbook describing how a visa section should be set up, and this handbook advises visa sections that they must allow applicants a choice of using an application centre, or lodging directly. I am aware that some Consulates offer this choice on their website, and some don't.

4.4. Direct access

Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice. The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider

The EU issue a guidance manual called the Schengen Handbook, this is a consolidated list of all the instructions and regulations pertaining to EU Visa Law, and is a guidance for Schengen Visa Sections. This handbook does say that you should normally apply in your country of residence, but in exceptional circumstences a Consulate could consider an application from a non-resident, but I don't think they would consider an application in the circumstances you describe.

2.8. Can a consulate accept an application from an applicant not residing in the

jurisdiction of the consulate?

Legal basis: Visa Code, Article 6

As a general rule, only applications from persons who reside legally in the jurisdiction of the competent consulate (as described in points 2.1-2.5) should be accepted. However, an application may be accepted from a person legally present but not residing - in the jurisdiction of the consulate where the application is submitted, if he can justify why the application could not be lodged at a consulate in his place of residence. It is for the consulate to appreciate whether the justification presented by the applicant is acceptable.

So yes, you can lodge directly at an Embassy, and it is possible to apply in a country that you are resident in exceptional circumstances.

So you could make contact with the Embassy and remind them of the rules, maybe try and talk to the helpful lass again, but it would probably get their backs up, it depends how important this proposed trip is.

I would say great news but as they are not exceptional circumstances, my reason for wanting to visit is that my son works there and he asked if it was possible to visit him, he's there for 6 months, it's not imperative that I go but just to visit a couple different countries with TGF. I don't know wether it's worth all the effort. I just don't understand all the protocol for a weeks holiday somewhere, it beggars belief, perhaps if she applied for political asylum she would fair better !!! haha

[7by7]

From the Irish embassy, London

6. I hold a UK visit visa and am currently in the UK on holiday/visiting family and/or friends. I would like to travel to Ireland from the UK for a visit: can I apply through the London Visa office?

All visa applicants should apply for their visa in their country of permanent residence. The London Visa office can only process visa applications from UK residents.

In exceptional circumstances (i.e. serious illness or death of a family member in Ireland), a visa to travel to Ireland may be issued by this office to the holder of a UK visit visa. In that event, proof of the exceptional circumstances will be required.

As for obtaining a visa for her to visit Ibiza while in the UK as a visitor, I doubt very much that wanting to visit your son would be seen as 'exceptional circumstances.' The Spanish definition of this is probably similar to the Irish one above.

In an ideal world no one would need a visa to visit anywhere; but this is not an ideal world.