Spanish Schengen Visa - New Rule?

[Donutz]

Glad to hear you experienced no real BS. It would or could be a lot more quiet there at VFS though if people knew about their rights (or better yet: embassies executing the Visa Code properly) since then people could/would only deal with the embassy directly as there should not be any reason to use VFS' services except for a handful of people who have use of their services.

The latter could be the case if a serviceprovider (VFS) would be located in a part far away from BKK, such as the far north, northeast etc. I dpubt anyone would go to VFS in BKK if they knew they had the right to lodge the application at the embassy itself without any service fee etc. Handing in a pre-adressed and pre-stampt letter to sent a passport back would be cheaper too.

Edit: how rude of mee not to wish you a swift and positive outcome without additional BS from the Spaniah embassy. So: good luck! Escalated or heared anything from authorities higher up the chain regarding them neckering/violating the Schengen Visa Code rules?

Edited February 20, 2014 by Donutz

[Donutz]

Today I got a reply from the EU Delegation (the "EU embassy") in Thailand, I wrote an e-mail to them regarding embassies misinforming people: not enough or outright incorrect/unlawfal information. They responded that they were not aware but will take this up with the various embassies. Excellent work is you ask me, let's see if the embassies will change their websites.

So CiaranO and others who experienced problems with a (Spanish or other) Schengen embassy may aso chose to inform the EU Delegation instead or in addition to Solvit, the Ministry of Foreign-affairs etc.

http://eeas.europa.eu/delegations/thailand/index_en.htm

[Jay Sata]

I don't think I'd bother wasting my time and all the hassle for 60 Euro's.

To get this in context I have to pay a similar amount, £41.00 for the Royal Mail to hold my post for six weeks while I go to Thailand.

[theoldgit]

I don't think I'd bother wasting my time and all the hassle for 60 Euro's.

To get this in context I have to pay a similar amount, £41.00 for the Royal Mail to hold my post for six weeks while I go to Thailand.

Maybe you wouldn't and perhaps that is something the Consulates take advantage of, but there is a principal here.

Consulates are totally ignoring the EU regulations, either because they cannot be bothered to or because they think they are above the rules.

The more people that roll over, because "it's only €60" then the more these Consulates will continue to flout the EU regulations, which are there for a reason.

The fact that the illegal fee equates to the Royal Mail charge for holding mail is totally irrelevant.

[CiaranO]

@donutz - yes i have already written last week to the EU Commission in relation to the extra document required by the Spanish now. Incidentally and completely unrelated i might add i have noticed that this statement about a letter from embassy has now been withdrawn from their current news and updates page. It still remains on the Schengen visa page however.

I will complain further but its not just 60 euro its nearly 80 when you add in the VFS fee too. 80 euro to people here in Thailand is a lot of money.

People have rights and its not fair that they are trampled on by embassies and consulates because they think no one will say anything and just accept there word for it.

[Donutz]

Good to hear that progress is being made and informing/asking-around/complaining in a polite manner does indeed seem to help (unless it would all be just a coincidence..). Nothing ventured, nothing gained. Thanks for the updates.

It does seem rather odd though that the "you must get an approval letter from your local embassy" rule for EU family members has been removed from the frontpage but is still there in the list of requirements and at the very bottom aswell (here): "Spouses of the European Union citizens who want to travel to Schengen territory should present the marriage certificate stating the marriage is valid in the country of origin of the EU national (i.e., with a certificate from the Embassy) (..) Spouses of EU / SCHENGEN / UK Citizens are advised to submit an approval letter of Marriage from their respective Embassies along with the Thai Marriage Certificate. Just a stamp on the Thai Marriage Certificate from the respective Embassy will not be adequate. "

Either someone forgot to remove that, the newupdate regarding these rules has accidently been removed (doubt it), or they got a slap on their wrist from higher authorities (Spanish Ministry of Foreign Affairs / EU authorities / Solvit) and were asked to remove it but kept the requirement listed on their "requirements page". Anyone else got a reply from any authorities? The Spanish MoF might be able to clear things up regarding both the silly documents requirements (I doubt they will keep that up since 1) various embassies simply can't provide such documents 2) it's not required to have your marriage registrated in the EU for a visa 3) such demands only are really approperiate when there is genuine doubt regarding the marriage (document fraud, marriage of conviencance etc.) But the MoF should be able to clear this up if the Spanish embassy staff is unwilling to do so.

The Spanish MoF may also be very interested in written evidence of Spanish embassy staff refusing to accept applications via the embassy and telling people in a polite manner to bugger off to VFS. What exactly did they write CiaranO, any chanche you can post the letter here with personal info removed (wait until after you done dealing with them Spanish embassy if you feel better about that)? Thanks you for keeping us informed. If I hear anything relevant from any authority I'll let you people know.

Bottomline is that we simply want embassies to provide the service level you may expect from them and which they are infact obligated to provide under the Visa Code. That wouldn't be too much to ask, would it? In order to make things as hassle free as possible for both tourists(industry) and family/friends from EU/Schengen-area citizens.

[marksm]

I've been a bit lazy and not reading all the post I got married in the uk . Does this still apply as I am going to apply for a Spanish visa for my wife in the next few weeks ?

Sent from my iPhone using ThaiVisa app

[Seekingasylum]

I have the kind of problem with the German Consul who is accepting and forwarding the visa applications to Bangkok.

They insist that i should have the same paperwork as for a normal tourist visa.

I'm still busy with convincing them about the directive and my rights.

They are in breach of the Metock ruling. Member countries cannot impose their legislation upon non EEA family members of EEA nationals seeking to exercise their right of free movement from outside the EEA into the EEA.

[merijn]

I have the kind of problem with the German Consul who is accepting and forwarding the visa applications to Bangkok.

They insist that i should have the same paperwork as for a normal tourist visa.

I'm still busy with convincing them about the directive and my rights.

They are in breach of the Metock ruling. Member countries cannot impose their legislation upon non EEA family members of EEA nationals seeking to exercise their right of free movement from outside the EEA into the EEA.

You know this and I know this but what can I do if the consul insists and refuses to accept the application without the paperwork which HE thinks are necessary ?

It looks to me that they have all the bargaining chips for this as my wife still needs the visa for our holiday.

We could go to the embassy in Bangkok but this would mean lot of extra cost and still not a guarantee that they will accept the limited paperwork.

He (the consul ) knows this and in my opinion they think that the costumer will provide all the papers as they don't like to go to Bangkok.

[Donutz]

If the embassy does know and executes the rules properly why don't you contact them about your problem with the consulat? That should help, or else their is EU's Solvit.

[merijn]

If the embassy does know and executes the rules properly why don't you contact them about your problem with the consulat? That should help, or else their is EU's Solvit.

I did send emails to the German Embassy about this but no reply what so ever.

[Donutz]

Perhaps a phonecall to a German (non Thai) member of staff proofs more fruitfull? Alternatively you can contact the German MoFA and finally there is Solvit which is meant for these kind of issues. Best of luck!

[CiaranO]

Just to update - we got her Passport back today with the visa inside.

Only 1 minor question - Visa starts on 31.05.14 and ends on 19.06.14. Under Duration of Stay it says 5 days. On our application we said 8. Should i be concerned or anything?

[Donutz]

Congrats.

Sadly, yes you might have to go back to the embassy because they issued a visa that you can use for 5 days and not 8 as you requested. With this visa you can't stay longer then 5 days in the Schengen area! Kinda sttrange that rather then giving you 8 or 10 days they gave you less!!

They should have given yuo 8 or more days, not less. This can be considered an (intentional?) error. If they didn't want to issue 8 days they should have declined the visa. If they issued the visa they shold have given you 8 or more days. You may wish (should!) return for a correction of this error if you do stay more then 5 days in the Schengen area.

Edited March 12, 2014 by Donutz

[Kudel]

@Jay Sata: They may try to wear you out or brush you away, it might be faster to give in to unlawful demands but if it is always the right thing to do so? Perhaps complaining during an process (visa application) might not be worth it for an individual (reasons: delays, aggravated staff etc.) but complaining afterwards with evidence- is also an option. At least you may bring about changes for those who make an application after you, later applications by you or trying to get the too much paid fees etc. back. Or simply because you wish to stick to the principle that people have to respect and execute regulations as set by law, agreements, treaties etc.

The Spanish embassy certainly cant interpreted the Visa Code as it sees fit.

@CiaronO: Youre welcome. Then you literally have more then you need for an application so their should be no valid reason to decline a Family Visa application (visa fee waiver, minimum of documents, fast service).

You may wish to keep that e-mail from the embassy which is in clear violation of Article 17 of de Schengen Visa Code and send a formal objection/complaint to the embassy. Or possible better/also forward these BS replies from the Spanish embassy to other authorities such as Solvit (see earlier link I supplied) , the Spanish ministry of Foreign Affairs (may be unaware of actions by local embassies who act as if they are their own little Kingdom) or informing the European Commission Home Affairs department. Of course that is up to you but in the long run it cant harm you, it may (should) bring about changes in embassy attitudes to properly execute the Visa Code so that future applications from you and others are done properly.

Too bad various embassies dont inform or even misinform applicants about their rights. In Thailand at the very least the embassies of the Austrians, Belgians, Danes, Dutch and Spanish seem to do this (incorrectly directing people to VFS Global). I just recently wrote to the EC Home Affairs in the hope that they will be made aware and do something about this, no reply yet. Injustice and embassy/government staff acting like they are can dictate made up rules and bully civilians is simply wrong and needs to be stopped, the only way to do so is by contacting other (higher) authorities/figures up the chain of command (or going to court ).

Edit: If you do use VFS' " services" you may wish to keep all evidence of these violations and try to get your money back (contact Solvit) afterwards.

@Theoldgit: Indeed, if enough people remind embassies and other authorities of violations of the Visa Code (Article 17 and others) this can be stopped. I myself was directed to VFS by my embassy a few years ago, only much later, too late, did I discover that I didnt need to go there in the first place. Only cost 275 baht but the experience with VFS staff was rather bad (rude, short tempered, no help at all etc.). Visa Service agencies are not the problem, people may have valid reasons to use them but it should be voluntary and their shouldnt be a dominant (monopoly) such as VFS seems to have! This should be brought to and end ASAP in my opinion.

Most Eurpean embassy's do not do visa applications any more and has to be done via vfs .

[CiaranO]

Congrats.

Sadly, yes you might have to go back to the embassy because they issued a visa that you can use for 5 days and not 8 as you requested. With this visa you can't stay longer then 5 days in the Schengen area! Kinda sttrange that rather then giving you 8 or 10 days they gave you less!!

They should have given yuo 8 or more days, not less. This can be considered an (intentional?) error. If they didn't want to issue 8 days they should have declined the visa. If they issued the visa they shold have given you 8 or more days. You may wish (should!) return for a correction of this error if you do stay more then 5 days in the Schengen area.

Great - i will have to email them now - incompetent is coming to mind.

[Donutz]

@Jay Sata: They may try to wear you out or brush you away, it might be faster to give in to unlawful demands but if it is always the right thing to do so? Perhaps complaining during an process (visa application) might not be worth it for an individual (reasons: delays, aggravated staff etc.) but complaining afterwards with evidence- is also an option. At least you may bring about changes for those who make an application after you, later applications by you or trying to get the too much paid fees etc. back. Or simply because you wish to stick to the principle that people have to respect and execute regulations as set by law, agreements, treaties etc.

The Spanish embassy certainly cant interpreted the Visa Code as it sees fit.

@CiaronO: Youre welcome. Then you literally have more then you need for an application so their should be no valid reason to decline a Family Visa application (visa fee waiver, minimum of documents, fast service).

You may wish to keep that e-mail from the embassy which is in clear violation of Article 17 of de Schengen Visa Code and send a formal objection/complaint to the embassy. Or possible better/also forward these BS replies from the Spanish embassy to other authorities such as Solvit (see earlier link I supplied) , the Spanish ministry of Foreign Affairs (may be unaware of actions by local embassies who act as if they are their own little Kingdom) or informing the European Commission Home Affairs department. Of course that is up to you but in the long run it cant harm you, it may (should) bring about changes in embassy attitudes to properly execute the Visa Code so that future applications from you and others are done properly.

Too bad various embassies dont inform or even misinform applicants about their rights. In Thailand at the very least the embassies of the Austrians, Belgians, Danes, Dutch and Spanish seem to do this (incorrectly directing people to VFS Global). I just recently wrote to the EC Home Affairs in the hope that they will be made aware and do something about this, no reply yet. Injustice and embassy/government staff acting like they are can dictate made up rules and bully civilians is simply wrong and needs to be stopped, the only way to do so is by contacting other (higher) authorities/figures up the chain of command (or going to court ).

Edit: If you do use VFS' " services" you may wish to keep all evidence of these violations and try to get your money back (contact Solvit) afterwards.

@Theoldgit: Indeed, if enough people remind embassies and other authorities of violations of the Visa Code (Article 17 and others) this can be stopped. I myself was directed to VFS by my embassy a few years ago, only much later, too late, did I discover that I didnt need to go there in the first place. Only cost 275 baht but the experience with VFS staff was rather bad (rude, short tempered, no help at all etc.). Visa Service agencies are not the problem, people may have valid reasons to use them but it should be voluntary and their shouldnt be a dominant (monopoly) such as VFS seems to have! This should be brought to and end ASAP in my opinion.

Most Eurpean embassy's do not do visa applications any more and has to be done via vfs .

Kudels, yes many embassies do use VFS or TLS but the Schengen code clearly dictates that this is entirely optional. See article 17 of the Visa Code or read the Schengen Visa Handboook (posted here). Sadly many embassies do get away with these pathetic practices!!

So no you don't have to go through VFS, you may chose so entirely voluntairy but you have the right of only dealing with the embassy!

[CiaranO]

Should i contact embassy or VFS?

[CiaranO]

I have emailed the embassy - I am really pissed off about this. We supplied over and beyond information needed. Flights and travel itinerary clearly showing that our flights were paid for and the dates we entered and left Schengen Area. The application clearly says 8 days.

We live in Phuket - the thoughts that i have to pay for another trip there to have something fixed due to incompetence really annoys me. For a free visa its costing me a lot of money.

I await there reply.

[CiaranO]

As a quick update i emailed both VFS and the embassy. To my surprise the VFS have replied to me. The first part of the email saying the she was given the length of time that her flights were for - 5 days. I replied that NO we applied for 8 days and supplied flights for that time period. They have now replied to say they will investigate the matter, check her paperwork and get back to me as as soon as possible.

[Donutz]

As a quick update i emailed both VFS and the embassy. To my surprise the VFS have replied to me. The first part of the email saying the she was given the length of time that her flights were for - 5 days. I replied that NO we applied for 8 days and supplied flights for that time period. They have now replied to say they will investigate the matter, check her paperwork and get back to me as as soon as possible.

An other good reason not to go through VFS (or TLS): it add's an other link in the chain which may lead to errors (or incompetence, VFS staff isn't known for knowing the visa code by heart, let alone execute it properly, even embassies fail to do so at times..). I hope that embassy can correct this mistake (or " mistake" ?).T

Handing in the paperwork at the embassy tiself removes one chain, one less weak link. Obtaining the visa at the embassy once the visa sticker has been added would be an other benefit: allowing to check for errors and ask for correction on the spot.

You're best luck is going to the embassy yourself (try contacting them first) and get it fisk at the frontdesk. Hopefully they will cooperate...

The entire thing should have been free anyway apart from travelcosts to and from the embassy (that's why going through VFS -optional- may sometimes be cheaper/easier if going to them is more economical or practical). After all this (IMHO) you may wish to contact the ministry of foreign affairs, EU Home affairs or EU delegation/representatives in Thailand. Throw out various fishing lines and see if anyone bites so to say.

http://eeas.europa.eu/delegations/thailand/index_en.htm

Don't expect miracles but every voice is one step closer, one drop, that may finally lead to them straightening out these procedures so that they are executed properly!

Edited March 12, 2014 by Donutz

[CiaranO]

As a quick update - the Spanish Embassy called me this morning - very nice and friendly - explained they will fix the issue with the visa as soon as they get the passport from us. They recommended asking if the VFS will accept the passport via EMS. I think they normally dont.

I called the VFS and spoke with the operator who in turn spoke with the Supervisor who said they would on this occasion accept the passport via EMS or Courier and will have the issue with the dates fixed.

So hopefully it seems all to be getting fixed now - thankfully.

I must say kudos to the VFS and Spanish Embassy for replying as quickly as they did and getting it all sorted for us.

[howzat]

Had no problems with VFS/Spanish Visa and presented the documents exactly as they requested on the web site. Was married in England so my UK marriage certificate was original but not notarised which we did not leave with them but only a copy left.

I did try and arrange an appointment with Spanish Embassy who said they only dealt with long stay visas and short stay visas should be applied for via VFS.

Took 14 days and we received SMS and email to say come an collect. The visa was free as married in UK and the VFS service charge about 900 Baht.

[Donutz]

That's nice Howzat although the Spanish do handle in violation of EU agreements (Schengen Visa Code). Do you have their false claims in writing?

- The Spanish have the obligation to accept direct applications for all Schengen visa's, including type C (short stay).

- You could forward this to the Spanish ministry of Foreign affairs and the EU delegation to let them know that the wmbassy violates the agreements and you might also ask the service fee back (as you should have been given the option to apply without VFS Global). You must complain within 4 weeks of the decision.

--- http://www.exteriores.gob.es/Portal/en/Paginas/inicio.aspx (chose "contact" )

--- http://eeas.europa.eu/delegations/thailand/about_us/contacts/index_en.htm

Only by complaining things may (must!) change so that you and others see their applications handled properly. This too goes for the BS claim of having to provide some sort of registration confirmation from your home country's embassy even though -for those which this applies to- only a Thai marriage certificate (and translated copy) with stamps from the Thai ministry of Foreign Affairs should be enough.

If you got the Spanish claim of having to apply at VFS in writing, could you post it here or possibly PM me? The EU delegation in TH surely would be interested. They told me last month that they would tell the various embassies to execute the Visa Code properly. Clearly some still don't (the Dutch have changed their webpage, the Belgians and others have not). They may need an other reminder from the EU, forwarding evidence to authorities higher up the chain then the embassy itself should help!

Edit: oh and do ofcourse enjoy your trip and time together in Spain, that's the most important ofcourse!!

Edited March 16, 2014 by Donutz

[7by7]

The visa was free as married in UK and the VFS service charge about 900 Baht.

Where you married is irrelevant; it is nationality that counts.

If someone is applying for a visa for a Schengen, or any other EEA, country in order to travel with or to join their EEA national spouse*, except the country of which said spouse* is a citizen, then the visa must, according to the regulations, be free.

I understand that the VFS service charge is also against the regulations in such circumstances.

*Or other qualifying family member.

[Donutz]

I decided to mail the Spanish embassy and played dumb:

Dear Spanish embassy,

Is it possible to make a holiday visa appoinment via the embassy for my Thai partner? And in what timeframe is an appointment possible?

If we would apply for a "Spouses of EU / SCHENGEN / UK Citizens" visa, would a Thai marriage certificate + English translation, legalized by the Thai ministery of foreign affairs be enough?

Awaiting further details, thank you in advance,

Regards,

Their reply:

Dear Sir/Madam,

Short-term visa applications (“Schengen visas”) must be submitted at the new Visa Center by VFS, from Monday to Friday 08.30 – 12.00 and 13.00 – 16.00, without prior appointment.

191 Silom Complex Building, 15^th Floor, Unit C,

Silom Road, Silom, Bangrak,

Bangkok 10500

MRT Silom station

BTS Saladaeng station

www.vfsglobal.com/spain/thailand

You may also call VFS Help line 02 263 91 00

Residence, work, study and family reunification visa application can be submitted at the Embassy, you will need to book an appointment, at least one month in advance. Please contact [email protected] to schedule an appointment.

Visa applications will be submitted, with appointment only, on Tuesday and Thursday from 10.00 – 12.00.

Best regards,

Embajada de España en Bangkok / Embassy of Spain in Bangkok

I then inquired about the visa fee and marriage certificate for EU/EEA family members (free, fast and easily granted as per Visa Code) and they replied:

- If we go to VFS without prior appointment do I have to pay the VFS service fee?

• Yes, there is a VFS service fee that the applicants need to pay.

2- If my Thai partner asks for a"family member of EU citizen" visa for Spain (we go on holiday to Spain, I am Dutch) we do not have to pay 60 euro's. Will it be enough if we provide her Thai passport, 2 passport photo's, my Dutch passport (copy) and the Thai marriage certificate (with official English translation) legalized/stamped by the Thai ministry of Foreign Affairs, or do you need more things/papers?

• According to the Schengen requirement, spouses of the European Union citizens who want to travel to Schengen territory should present the marriage certificate stating the marriage is valid in the country of origin of the EU national (i.e., with a certificate from the Embassy).

• Thai marriage certificate legalizad by Ministry of Foreign Affiar is not the marriage certificate by the country of the origen of the EU nation.

I then sent then a reply informing them that their information was incorrect and CC-ed a copy to the Spanish MoFA and EU delegation in TH:

Subject: Incorrect instructions provided by the Spanish embassy in BKK regarding Schengen © Visa.

Dear Spanish embassy,

Thank you for your reply, however I have to conclude that unfortunately your answers are in violation of the Schengen Code on Visa (Regulation (EC) No 810/2009), in Spanish known as the Código comunitario sobre visados, Reglamento (CE) no 810/2009.

1) Firstly you told me that I can not make an application via the embassy but to make an appointment for short stay via VFS (who charge a service fee aswell), which is in violation of Article 17, point 5 of the Visa Code:

"Artículo 17Tasa por servicios prestados
1. Los proveedores de servicios externos contemplados en el artículo 43 podrán cobrar una tasa suplementaria en concepto de servicio. La tasa por servicios prestados deberá ser proporcional a los gastos del proveedor de servicios externo cuando realice una o más de las tareas enumeradas en el artículo 43, apartado 6.
2. La tasa por servicios prestados se especificará en el instrumento jurídico mencionado en el artículo 43, apartado 2.
3. En el marco de la cooperación local Schengen, los Estados miembros garantizarán que la tasa que deba exigirse a un solicitante refleje debidamente los servicios prestados por los proveedores de servicios externos y se adapte a las circunstancias locales. Asimismo, se propondrán armonizar la tasa que se aplica a los servicios.
4. La tasa por servicios prestados no podrá ser superior a la mitad del importe de la tasa de visado que figura en el artículo 16, apartado 1, independientemente de las posibles reducciones o exenciones de la tasa de visado con arreglo al artículo 16, apartados 2, 4, 5 y 6.
5. Los Estados miembros de que se trate mantendrán la posibilidad de que todos los solicitantes presenten sus solicitudes directamente en sus consulados."

This is confirmed by the Schengen Visa Handbook:
"4.3. The service fee

Legal basis: Visa Code, Article 17
As a fundamental principle, a service fee may be charged to an applicant using the facilities of an external service provider only if the alternative is maintained of direct access to the consulate incurring the payment of just the visa fee (see point 4.4).
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.
EN 22 EN
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 (see Part I, point 4.1)"

As you can see and probably knew or should have known (I hope it is a most unfornate mistake from your site and not ill intent), people have the right to make an application via the embassy and thus never have to deal with VFS Global. The website of VFS also states that people can apply directly but sadly the website of the Spanish embassy in Bangkok does not provide this information or any other specific info on how to or where to apply (perhaps you could update the website so it contains instructions in addition to the current general Schengen visa information?).
So I kindly request that you
-- A) Abide the Visa Code, article 17, and accept direct applications for all types of Schengen Visa.
-- Provide this info on the official embassy website aswell

2) The timeframe for a Schengen application is within 2 weeks of the request being made by the applicant, not "atleast one month in advance" as you instructed. See article 9 of the Visa Code: "La cita tendrá lugar, por regla general, en un plazo de dos semanas a partir de la fecha en que se haya solicitado la cita."

3) If I where to apply for a free Schengen visa for non-EU family members of an EU/EEA citizen it should be provided fast, easy and with a minimum of documentation. An official marriage paper is sufficient enough to show their is a familyrelation (by marriage). Ofcourse to establish that the document is real and not a fake it needs to be legalized by the local authorities and a translation may be required so that embassy staff can read the papers. Therefor people married in Thailand can provide the Thai marriage document, have it translated by an official translater, and have the marriage document and translation legalized by the thai Ministry of Foreign Affairs. This is sufficient. The Schengen Code does NOT require the marriage to be registered in the home country of the EU/EEA citizen. In addition not all embassies do provide "certificate stating the marriage is valid in the country of origin", therefor it makes no sense to request this of applicants. For example the Dutch embassy does not provide such documents as you request. The embassy can only ask for additional documents IF they doubt the certificate is fake or tempered with (fraud). This is explained in detail in the Visa Code handbook. The EU also has an example story on the website:

"If your non-EU family members need an entry visa, they should apply for one in advance from the consulate or embassy of the country they wish to travel to. If they will be travelling together with you, or joining you in another EU country, their application should be processed quickly and free of charge. (...)
Marriage certificate enough to get a visa Thomas is Irish and lives in Belarus with his wife Delia, a Belarusian national. When they wanted to visit Thomas's mother, now living in Spain, they applied for an entry visa for Delia. She included their marriage certificate in the application, but the Spanish authorities also asked for proof of hotel accommodation in Spain and health insurance before they would issue the visa. However, when Delia pointed out that no such additional documents were required under EU law, the Spanish authorities apologised for their mistake and immediately issued her entry visa."

Source: http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

I do hope that the incorrect instructions you provided me and others with, have been in error and that you would be so kind to make sure that people can apply directly with the Spanish embassy for a Schengen Visa of all types within 2 weeks and thus without service fee, that you update the embassy website with this information and that those who request a free, fast and easy visa for a spouse of an EU/EEA citizen are granted such with a minimum of hassle.

I mean no disrespect at all but I do find it most unfortunate that these errors have been made.

Kind regards and thank you for your time,

(...)

PS: A CC has been sent to the Spanish ministry of foreign affairs and to the official EU representation in Thailand.

Let's await their reply, hope they will now update their policy and website.

[Donutz]

I also contacted several other embassies (belgians, Danes) and checked the website various west European embassies. The Belgians admitted their mistake within a single day and told me they will fix it ASAP.

---------------------------------------------
Wrong: application of article 17 by the Belgians, French and Spanish embassies:
Belgian embassy (wrong, they direct to VFS only):

Bron: http://www.diplomatie.be/bangkoknl/default.asp?id=23&mnu=23&ACT=5&content=78
Note: they Belgian Ministry fo Foreign Affairs said to me this week that they will correct this wrong info ASAP.

Danish embassy, saying that as a standard you have to go to VFS and if you wish a direct application must wait 2 weeks:"De te volgen procedure en uitgebreide informatie wordt online ter beschikking gesteld van de aanvrager in het Thai en Engels. http://www.vfsglobal.com/belgium/thailand
Stap 1
De aanvrager gaat naar de dichtstbijzijnde Ayudhya Bank in zijn buurt met een kopie van zijn paspoort en betaalt er de service fee en indien van toepassing de visa fee (zie website) en ontvangt een betalingsslip."

Source: http://thailand.um.dk/en/travel-and-residence/going-to-denmark/where-to-apply/

French embassy: they do mention a direct application but the TLS website aswell as people on online forums report that the French staff directs short stay tourist and family visa request to TLS Contact :"Submission of visa/residence permits and pick-up of passport should, as a general rule, be done at the Danish Visa Application Centre. However, it is possible to submit your application or pick up your passport at the Embassy by appointment only, which should be booked through the Visa Application Centre. At least 2 weeks waiting time for an appointment should be expected ".

Source: http://www.ambafrance-th.org/Visas-pour-la-France,2404 and https://www.tlscontact.com/th2fr/login.php

Spanish embassy, the VFS websites says you can make a direct application, the Spanish staff denies this:
"Short-term visa applications can be submitted at the Visa Application Centre in Bangkok without prior appointment. Please note that you can also submit the application at the Embassy, but you will need to schedule an appointment at [email protected]." and via e-mail the embassy staff (!) says "Short-term visa applications (“Schengen visas”) must be submitted at the new Visa Center by VFS, from Monday to Friday 08.30 – 12.00 and 13.00 – 16.00, without prior appointment.(..) there is a VFS service fee that the applicants need to pay. (...) Residence, work, study and family reunification visa application can be submitted at the Embassy, you will need to book an appointment, at least one month in advance. Please contact [email protected] to schedule an appointment. "
Source: http://www.vfsglobal.com/spain/thailand/ and e-mail contact with the Spanish embassy staff.

Partially wrong, tricky for instance because they tell you to call VFS or TLS anyway for a direct application by the Italians, Swedes and Dutch:
Italian embassy (they say you have a choice but tell you to call the VFS service centre for a direct application, this has the risk of them telling you to make an appointment and pay a fee, saver would be if the embassy could be contacted directly!):"Les personnes ne souhaitant pas recourir aux services de TLScontact ont la possibilité de déposer en personne leur demande auprès de l’Ambassade de France à Bangkok, uniquement sur rendez-vous, pris en appelant le 02 696 3888 du lundi au vendredi de 8h30 à 16h30 et après enregistrement sur le site de TLScontact." and "Visa applications for France are now received by TLScontact%, except for some categories that are still received by the Embassy of France in Thailand directly"

"If you choose not to submit your application through the Italy Visa Application Centre, you can lodge it directly at the Visa Section of the Italian Embassy. Appointments can be scheduled by calling the Call Center Tel +66 (0) 2 2639101. Applicants are required to indicate their general information (name, sex, d.o.b and Number of passport ), the type of visa requested and the prospective date of departure."

Source: http://www.thaitch.org/news/ticc-news/italian-visa-new-application-2012/

Swedish embassy (they say you have a choice but tell you to call the VFS service centre for a direct application, this has the risk of them telling you to make an appointment and pay a fee, saver would be if the embassy could be contacted directly!):

Source: http://www.swedenabroad.com/en-GB/Embassies/Bangkok/Visit-Sweden/Applying-for-a-visa-to-Sweden/

Dutch embassy (partial wrong because they say you can get an appoinment after 14 days while the Schengen Code says you should get an appinment within 2 weeks of the request!):
"Additionally to the €60 for the visa, an amount of 480 Baht is to be paid to VFS as service fee for the appointment at the embassy. (...) If you cannot or do not want to contact VFS Global for an appointment, you can submit your application in person at the Dutch embassy instead. You then need to make an appointment by sending an email to ban-ca [at] minbuza.nl. An appointment would be obtainable 14 days later from the point of sending the email, but might be longer in the period March until June. "

Correct application of article 17 by the Austrians, Germans, Luxembourg, Nors and Portugese:
Austrian embassy (correct, though they say it may take longer if you apply directly):"If you cannot or do not want to contact VFS Global, you can submit your application in person at the Swedish embassy instead. You then need to make an appointment at VFS Global, contact number +66 2 2639105 . A decision on your application will be available after about 14 days."

Source: http://www.bmeia.gv.at/botschaft/bangkok/ratgeber/reisen-nach-oesterreich/visa-informationen.html

German embassy (correct, they don't use a service provider):"Es steht den Antragstellern selbstverständlich frei weiterhin direkt bei der Österreichischen Botschaft Bangkok ihre entsprechenden Sichtvermerkanträge einzubringen. Bitte beachten Sie, dass dafür grundsätzlich eine Terminvereinbarung bei der Botschaft Bangkok per E-Mail (bangkok-ob(at)bmeia.gv.at) erforderlich ist (die Wartezeiten für einen Termin können jedoch länger als über VFS sein)."

Source: http://www.bangkok.diplo.de/Vertretung/bangkok/de/08/0-Visabestimmungen.html

Luxembourg:"Wo kann ich ein Visum beantragen?
Sie können Ihr Visum zur Einreise nach Deutschland bei der Deutschen Botschaft Bangkok oder bei den deutschen Honorarkonsuln in Phuket und Chiang Mai beantragen"

"

Luxembourg should constitute the main destination of the visit(s) in terms of the length or purpose for lodging short stay visa applications at the Consular Section of the Luxembourg Embassy. "

Source: http://bangkok.mae.lu/en/Visa-to-Luxembourg/Types-of-visa-and-how-to-apply-for/Short-Stay-Visa-maximum-stay-of-90-days-over-a-period-of-180-days

Norway (correct, though it seems a bit of a hassle since you need to register with some website/database):

Source: http://www.emb-norway.or.th/studywork/visaandresidence/Tourist-visa-Schengen-visa/vpn/#.UyjRR84i5jk
Where do I apply for a visa to Norway? Applications are to be submitted in person at the Norway Visa Application Centre in Bangkok.
It is also possible to submit visa or residence permit applications directly at the Embassy once an application has been registered on the Application Portal. Please be informed that all applicants who wish to apply for a visa or residence permit at the Embassy must book a prior appointment through the Norway Visa Application Centre (and not the Application Portal). The Norway Visa Application Centre can assist the applicant, free of charge, to make an appointment at the Embassy on phone number +66 (0) 22 63 91 04.

Portugese embassy (correct):

Source: http://www.secomunidades.pt/vistos/index.php?option=com_content&view=article&id=153&Itemid=97〈=en
---------------------------------------------"The applicant shall appear in person and all original documents shall be presented, as well as a copy. If necessary, an interview with the mandatory presence of the visa applicant – taking place in two weeks time counting from the date of its submission."

Finally: Perhaps the mods could add -in due time- a sticky with common issues, questions etc. regarding a Schengen Visa. I noticed varous questions and problems resurface several times such as if you can travel around Europe on a C visa, land/depart from an other country then the country that issued the visa, being directed to VFS or TLS etc. ?

Edited March 21, 2014 by Donutz

[7by7]

Perhaps the mods could add -in due time- a sticky with common issues, questions etc. regarding a Schengen Visa. I noticed varous questions and problems resurface several times such as if you can travel around Europe on a C visa, land/depart from an other country then the country that issued the visa, being directed to VFS or TLS etc. ?

Good idea.

As you seem to the most clued up on this, may I suggest that you write such a post in a new topic and then PM theoldgit asking him to pin it?

[Donutz]

I'll see if I can conjure up something useful and forward it to the mods (theoldgit).

The Belgians have corrected their website within 48 hours of my complaint with the Belgian MoFA.

They added this to their visa webpages (NL, FR and ENG):

"In compliance with Article 17.5 of the Community Visa Code, the Embassy maintains the possibility for all applicants to lodge their applications directly at the Embassy. In that case an appointment must be requested by email to [email protected]. In conformity with Article 9.2, the appointment shall, as a rule, take place within a period of two weeks from the date it was requested."

Source:

http://countries.diplomatie.belgium.be/en/thailand/travel_belgium/visa_belgium/

So complaing to the right person or department high enough up the chain DOES help. If people here do so with all Schengen embassies and MoFA's you can get the authorities to grant you your rights.

[Donutz]

I got a reply by e-mail from the Spanish embassy:

Dear Mr. ....

Please request appointment via this email with details as follows:

Name-surmname of the visa applicant

Passport number

Nationality

Date/time of visa submission

Purpose of stay: turismo/Business/EU family visit

Appointment for visa is on Tuesdays and Thursdays only from 10.00-12.00 hrs.

Best regards,

Embajada de España en Bangkok / Embassy of Spain in Bangkok

I hope that they will offer this ALL applicants, so nobody has to deal with VFS Global unless they chose to do so themselves. Since I CC-ed a copy to the Spanish MoFA, I do hope they got slapped on the wrist from higher up the chain and now abide EU Regulation (EC) No 810/2009 properly... Perhaps if somebody else would test their services we would know...

Sadly, no reaction regarding the need of extra documents/certificates issues by the embassy of the EU/EEA national, this should not be needed.

I don't know wether I should continue to play along (I'm only pretending I wish a visa, I have no need for it since my Thai partner already lives with me in mainland Europe) and ask them once more if a Thai marriage certificate + translation + both legalized by the Thai ministry of foreign affairs is sufficient for them. As per Visa Code it should be enough.

NB: I do wonder if the French and Swedes allow for a direct application, their websites say you can apply directly but still need to contact (call) VFS but this could mean the less competent VFS staff tries to rip you off by asking for a service fee or luring you to their " visa centre" instead. I'm not going to call VFS though from Europa for a fake (test) appointment...