Get Thai Wife a Schengen Visa to visit Austria, but husband is from France

[brightness]

Hello,

Because our marriage is officially registered at the French Embassy, my wife is eligible to get, from the French Embassy, a 3-Months Tourist Visa for the entire Schengen area, at the condition that she enters France first.

My understanding is that if she wants to enter from another country in the Schengen area then she will have to apply for a visa at the embassy of that other country.

So my question is: can my wife get a visa from the Austrian embassy based on our marriage? We are legally married both in Thailand and in France.

What is the procedure? What documents are required? Fees? Delay?

And mostly, how difficult will it be for me as I know only one word in German which is Dankeschön!

Lastly, if this is even possible, I have heard that some European embassies deliver visa more easily than others, then could I just pick the embassy with the easiest/simplest procedure to get my wife a Schengen visa? In which case, would you recommend any specific embassy to get a long term visa (one year+)? The reason why I'm not simply using the French embassy is because they are completely crazy over there. They want my wife to learn the French "values" in a specific school in Bangkok for a minimum of one month in order to even apply for a long term visa, plus the extremely complex procedure involving a third-party service provider along endless processing delays, not to mention near a thousand euros in fees, screw them!

[7by7]

As you are a French citizen then to enter France your wife has to comply with the requirements of French immigration law.

But to enter any other EEA country she can use the EEA freedom of movement rules; provided she is travelling with or to join you. So obtaining a Schengen visa from another Schengen state, such as Austria, should be easy and free. But it will probably only be a standard 90 day visitor one, unless you say you will be exercising your treaty rights to live in that state. Even then I believe for most Schengen states the procedure is to issue a 90 day visa and then apply for residence once there.

Whether once in the Schengen area she could then use that visa to enter France, I don't know. Unless you had been living and working in another EEA state and she had been living there with you; then you could use the EEA regulations.

The Austrian embassy website appears to be only in German or Thai.

Edited August 8, 2013 by 7by7

[brightness]

Thank you for taking the time to reply

I know that once a person receives a Schengen Visa, he or she can circulate freely within the Schengen area, not only by land (as there are no borders anymore) but also by air (no immigration check for flights within the Schengen area).

So this is not the concern here.

The concern is about getting a Schengen Visa. And in order to get one from the French Embassy we must fill a form saying that France is our main destination or that we will enter France before going to any other Schengen country - or something like that, I'm not sure of the exact terms so this was my question.

I did not know that some Schengen countries allowed to switch from a short stay visa to a long stay visa once in the country! That is very good news, but which countries exactly? Because it is explicitly forbidden by French law:

​According to the law of July 24th, 2006, family members of French citizens must have a long stay visa in order to apply for a residence permit in France.

Source: https://www.tlscontact.com/th2fr/help.php?id=long_stay_visa

TLS Contact is the third-party service provider hired by the French Embassy in Thailand, its mission is to collect visa applications.

So that means that with a 90-days Schengen Visa my wife cannot apply to anything from within France, she must go back to Thailand and go through the long, exhaustive, cumbersome and very expensive process of getting a long-stay visa.

[7by7]

Is you ultimate aim to live in France with her?

If so, then because you are a French citizen the EEA freedom of movement regulations don't apply to her. She needs to apply under French immigration law.

What the situation would be if she obtained a Schengen visa from another Schengen state, say Austria, entered the Schengen area via that state and then went to France, I don't know for sure. But I suspect that whilst she would not have passed through any border or immigration controls, technically she would be in France illegally.

This isn't a French thing; it's an EEA thing. The EEA regulations regarding non EEA national family members do not apply if the non EEA national family member is travelling to the country of which the EEA national is a citizen.

Unless the EEA national has been living and working in another EEA state and their non EEA national family member has been living there with them.

BTW, in order to convert a 90 day Schengen visa into residence, one has to say this is what you are going to do when applying for the 90 day visa; I think.

That is my understanding, anyway; but I'm no expert in this.

[brightness]

According to the TLS Contact website, and according to my understanding of it, any "Schengen Visa" allow to circulate freely within any of the 26 countries of the Schengen Area as long as the visa is valid and as long as the visa holder meets the Schengen Visa Requirements (Travel assurance + Enough money for the trip).

My understanding is also that no Schengen Visa is valid for more than 90 days of stay (whether it's a single or multi-entry visa).

Visas allowing stays longer than 90 days are specifics to each country. While they might allow free circulation within the Schengen Area, they are not so called "Schengen Visa".

Again all this is based on the TLS Contact documentation and my understanding of it:

- Schengen Visa: https://www.tlscontact.com/th2fr/help.php?id=schengen_visa

- Short Stay Visa (a common type of Schengen Visa): https://www.tlscontact.com/th2fr/help.php?id=short_stay_visa

- Long Stay Visa (more than 90 days, not part of the Schengen Agreement): https://www.tlscontact.com/th2fr/help.php?id=long_stay_visa

According to the "Long Stay Visa" page linked above, one cannot convert a "Short Stay Visa" (i.e. "Schengen Visa", 90 days max) into a "Long Stay Visa".

Edited August 8, 2013 by brightness

[7by7]

What you say is correct; if the applicant is not a qualifying family member of an EEA national.

But your wife is.

However, she doesn't have to apply as such and could always apply under the standard conditions if she wishes.

But I'm not clear what it is you want to do.

Live in France for a year?

Live in Austria for a year?

Something else?

[brightness]

Well I'm not really sure!!

Whether I want/intend to live there or not highly depends on whether it is easy for my wife to get a visa!

I'm not sure what I want yet, but I would definitely love the possibility to spend half a year in Austria, and another half in France, I'm just wondering how this can be done for my wife?

Thanks mate for your reply and the useful info

[Jay Sata]

I think your main problem will be trying to get back to back tourist visa's for your wife.

The reason why I'm not simply using the French embassy is because they are completely crazy over there. They want my wife to learn the French "values" in a specific school in Bangkok for a minimum of one month in order to even apply for a long term visa, plus the extremely complex procedure involving a third-party service provider along endless processing delays, not to mention near a thousand euros in fees, screw them!

I'm afraid most of the large European countries are the same now.

It appears you want to circumvent the French immigration laws.

Bonne chance mon ami.

[hansnl]

If you are a European and legally married to a Thai, under European rule you do NOT need to apply for a 90-days tourist visa.

If you bring the original and translated/legalised Kor Ror 2 and Ko Ror 3 your wife qualifies for a 90 day tourist visa on arrival!

This fact has been certified by the Foreign Commission of the Dutch Parliament to me.

After checking with the legal department of the European Parliament.

Mind, there might be some issue between Schengen states and non-Schengen states.

[brightness]

I think your main problem will be trying to get back to back tourist visa's for your wife.

The reason why I'm not simply using the French embassy is because they are completely crazy over there. They want my wife to learn the French "values" in a specific school in Bangkok for a minimum of one month in order to even apply for a long term visa, plus the extremely complex procedure involving a third-party service provider along endless processing delays, not to mention near a thousand euros in fees, screw them!

I'm afraid most of the large European countries are the same now.

It appears you want to circumvent the French immigration laws.

Bonne chance mon ami.

That's the thing I'm not trying to circumvent any immigration law, I'm just trying to travel and live 6 months there, 6 month there, like any free man would, but I'm just stuck in Thailand because of my wife!!! I don't want my wife to "immigrate" to neither Austria nor France, we would like to live in those countries temporarily for the sake of life experience and culture enrichment, but the procedure to do so are too dawn difficult!

If you are a European and legally married to a Thai, under European rule you do NOT need to apply for a 90-days tourist visa.

If you bring the original and translated/legalised Kor Ror 2 and Ko Ror 3 your wife qualifies for a 90 day tourist visa on arrival!

This fact has been certified by the Foreign Commission of the Dutch Parliament to me.

After checking with the legal department of the European Parliament.

Mind, there might be some issue between Schengen states and non-Schengen states.

This is the first time I hear such thing! If this is true then it would be great! But according to the French Embassy, even that we are legally married IN FRANCE (not only in Thailand) and have documents in French attesting of our marriage, she would still need to apply for a visa to enter France. I'd love to hear Europeans who tried and got a "visa on arrival" for their foreign spouse.

[7by7]

If you are a European and legally married to a Thai, under European rule you do NOT need to apply for a 90-days tourist visa.

If you bring the original and translated/legalised Kor Ror 2 and Ko Ror 3 your wife qualifies for a 90 day tourist visa on arrival!

This fact has been certified by the Foreign Commission of the Dutch Parliament to me.

After checking with the legal department of the European Parliament.

Mind, there might be some issue between Schengen states and non-Schengen states.

Right of Union citizens and their family members to move and reside freely within the territory of the Member States

But these rights do not apply if travelling to the state of which the EEA national is a citizen; unless, as said before, the EEA national is living and working in another EEA state and their non EEA family member is living there with them.

[brightness]

If you are a European and legally married to a Thai, under European rule you do NOT need to apply for a 90-days tourist visa.

If you bring the original and translated/legalised Kor Ror 2 and Ko Ror 3 your wife qualifies for a 90 day tourist visa on arrival!

This fact has been certified by the Foreign Commission of the Dutch Parliament to me.

After checking with the legal department of the European Parliament.

Mind, there might be some issue between Schengen states and non-Schengen states.

Right of Union citizens and their family members to move and reside freely within the territory of the Member States

But these rights do not apply if travelling to the state of which the EEA national is a citizen; unless, as said before, the EEA national is living and working in another EEA state and their non EEA family member is living there with them.

Does that mean that we can go to Austria, but not to France?!

[7by7]

It means that your wife can use the EEA freedom of movement regulations to enter any EEA country; provided she is travelling with or to join you.

Except, because you are French, France.

The same as, before she became a British citizen, my wife could use the same regulations to enter any EEA country except the UK.

So; Austria, yes: France, no.

Although, as hansnl says, if she is travelling with you and can prove to immigration that she is your wife she does not legally need a visa, I would recommend obtaining one. Airline check in staff are not always aware of this and may refuse to board her if she doesn't have one.

Having one may also save delays at immigration on arrival while they check the rules!

Edited August 9, 2013 by 7by7

[Jay Sata]

Bonjour mon ami...

As you are married legally in your home country you should have a 'Livret de Famille'.

It's a bit like a Thai house book.

Does your wife have a carte de sejour? Can she speak French?

If not she'll have to learn. The Prefecture can arrange lessons but better she can do this herself via watching French tv and making friends.

A French friend of mine married a girl from Khon Kaen some years ago. She adapted well and even learnt to fly his light aircraft at the Aero Club de Loire Atlantique in Nantes which was quite a challenge. Despite being a pilot for 30 years plus I don't think I could pass a test in French.

I suggest you make contact with your Mairie. As is the case in Thailand he can help you overcome a lot of bureaucratic

rubbish and cut through the red tape.

The bottom line is that your idea will not overcome the problem that if you want your partner to live with you in the the Republic she will have to

adapt to the culture and become French.

Au revoir

Edited August 10, 2013 by theoldgit
Flame removed

[Jay Sata]

What the situation would be if she obtained a Schengen visa from another Schengen state, say Austria, entered the Schengen area via that state and then went to France, I don't know for sure. But I suspect that whilst she would not have passed through any border or immigration controls, technically she would be in France illegally.

He suspects that already hence the question. We don't need conjecture from someone who has never lived in the Republic.

From what I understand he want's her to come and live with him at home in France but find the who process daunting.

There is no easy way around the problem.

Just like everyone else she'll have to move to the country,learn the language and adapt.

End of story.

Edited August 10, 2013 by theoldgit
Flame removed

[brightness]

You say that she'll have to learn the culture and the language, okay so if I wanna visit 3 European countries within one year (4 months in each) then she'll have to learn 3 cultures and manage to learn 3 new languages?

The actual visa requirements for her are extremely discouraging for such a great year plan.

[Jay Sata]

If you just want to holiday anywhere there is not much of a problem.

I can think of a lot of places I've been in winter that are better than Europe.

But as I understand it you are French and she does not want to learn the language to migrate to France.

You appear to be trying to find a way around a problem getting her European residence.

Have you thought of living in Hungary? I know someone from there who married a Thai a few weeks ago and she got her residency in about a week.

Edited August 9, 2013 by Jay Sata