Problem obtaining Schengen visa for spouse from German Consulate in Phuket

[merijn]

I have a question about getting a Schengen visa for my wife.

According my information and the online visa application form from the German embassy my wife is entitled of a Schengen visa in accordance of the European Union law of free movement for European citizen and their spouse as :

- I’m a European citizen but not from Germany.

- We are married for Thai law and marriage certificate is translated to German and legalized at the ministry in Bangkok.

- We are flying together to Frankfurt. ( have confirmed tickets )

- Germany is our main destination and duration.

I visited the German Consul and asked about the visa for my wife.

The consul secretary gave me a list of requirements which looks like the normal list for non-married Schengen visas.

After questioning this she and the German consul confirmed that those where the requirements ( 6 months bank statements etc ) which is not correct in my opinion.

I send an email to the German embassy for unfortunately I did not receive any answer from them.

Maybe it was a case of misunderstanding between myself and the German consul or he is not aware of the directive (unlikely) or was just in a bad mood when I visited the office.

Does anybody have experience with obtaining a Schengen spouse visa from the German consul in Phuket.

As always all information is more then welcome.

Moderator, please don't move this topic as it is specific for the Phuket German Consulate.

Edited February 12, 2014 by merijn

[stevehaigh]

i don't know anything about the Phuket office but we got one in the Swiss embassy in BKK a few years bank and i'm not Swiss

i would give them absolutely everything that supports your claim, bank statements, land titles, etc, etc, etc

[merijn]

i don't know anything about the Phuket office but we got one in the Swiss embassy in BKK a few years bank and i'm not Swiss

i would give them absolutely everything that supports your claim, bank statements, land titles, etc, etc, etc

I can do that off-course but that would defeat the whole purpose of the Directive of free travel for European family members.

[AloisAmrein]

The best is you apply in the embassy or consulate of your home country, for exemple Italy, if you are Italian. The Schengen visa is valid for the whole EU, includng non-members like Switzerland, Norway, etc. It is not important to apply in the country you want to visit. You should be able to show marriage certificate, translated and authorized. Possibly they ask also for proof of clean penalty register of your Thai spouse, available in BKK only.

[LivinginKata]

The best is you apply in the embassy or consulate of your home country, for exemple Italy, if you are Italian. The Schengen visa is valid for the whole EU, includng non-members like Switzerland, Norway, etc. It is not important to apply in the country you want to visit. You should be able to show marriage certificate, translated and authorized. Possibly they ask also for proof of clean penalty register of your Thai spouse, available in BKK only.

Yes, I agree with that. Always best to apply for the European visa from your home country embassy, other than the Uk which is not part of Schengen.

[merijn]

The best is you apply in the embassy or consulate of your home country, for exemple Italy, if you are Italian. The Schengen visa is valid for the whole EU, includng non-members like Switzerland, Norway, etc. It is not important to apply in the country you want to visit. You should be able to show marriage certificate, translated and authorized. Possibly they ask also for proof of clean penalty register of your Thai spouse, available in BKK only.

Sorry but this is not possible.

If you are applying for a schengen visa using the directive of free movement it can only be issued at a embassy/consul other then your home country.

And it has to be done at the country of entry and only if the majority of your stay is also in that country. ( Germany in my case )

If I would like to apply in my home country embassy I would need all the required paperwork same as unmarried people which can not be done in Phuket.

[merijn]

The best is you apply in the embassy or consulate of your home country, for exemple Italy, if you are Italian. The Schengen visa is valid for the whole EU, includng non-members like Switzerland, Norway, etc. It is not important to apply in the country you want to visit. You should be able to show marriage certificate, translated and authorized. Possibly they ask also for proof of clean penalty register of your Thai spouse, available in BKK only.

Yes, I agree with that. Always best to apply for the European visa from your home country embassy, other than the Uk which is not part of Schengen.

But why is there then the EU directive of free movement which is specially introduced for situations as myself.

In this case i only need the marriage certificate and no trip to Bangkok otherwise i would need all the paperwork and at least two trips to Bangkok.

[Skint]

Hi a tv member recently done this, it can be found in the visa section just search for shengen it should come up.

Sent from my iPhone using Thaivisa Connect Thailand

[merijn]

Hi a tv member recently done this, it can be found in the visa section just search for shengen it should come up.

Sent from my iPhone using Thaivisa Connect Thailand

Thanks but he did this via the German consul in Phuket?

I know what the requirements are but have problems to get this done via the German consul.

[Skint]

Hi a tv member recently done this, it can be found in the visa section just search for shengen it should come up.

Sent from my iPhone using Thaivisa Connect Thailand

Thanks but he did this via the German consul in Phuket?

I know what the requirements are but have problems to get this done via the German consul.

If you find the post then pm him, I'm on mobile otherwise I'd have gave you the link

Sent from my iPhone using Thaivisa Connect Thailand

[merijn]

Thanks do you maybe know his name?

Sent from my iPad using ThaiVisa app

[Skint]

Thanks do you maybe know his name?

Sent from my iPad using ThaiVisa app

Beano2274

Sent from my iPhone using Thaivisa Connect Thailand

[howzat]

Should discard this freedom of travel clause because its not fully understood here or at immigration in the country of entry in Schengen country.

Provided all the info is supplied as requested should be no problem in issuing visa. I know its tiresome but no other alternative.

[Naam]

Hi a tv member recently done this, it can be found in the visa section just search for shengen it should come up.

Sent from my iPhone using Thaivisa Connect Thailand

Thanks but he did this via the German consul in Phuket?

I know what the requirements are but have problems to get this done via the German consul.

the German consul in Phuket is an honorary consul. he can't issue visas.

[merijn]

Hi a tv member recently done this, it can be found in the visa section just search for shengen it should come up.

Sent from my iPhone using Thaivisa Connect Thailand

Thanks but he did this via the German consul in Phuket?

I know what the requirements are but have problems to get this done via the German consul.

the German consul in Phuket is an honorary consul. he can't issue visas.

I know he can't issue visas but he will check and accept the required paperwork and send it on to Bangkok with his approval recommendations.

Most other consul can't even do that.

[stevenl]

Hi a tv member recently done this, it can be found in the visa section just search for shengen it should come up.

Sent from my iPhone using Thaivisa Connect Thailand

Thanks but he did this via the German consul in Phuket?

I know what the requirements are but have problems to get this done via the German consul.

the German consul in Phuket is an honorary consul. he can't issue visas.

According to the website application for a visa is possible at the German consulate.

[pagallim]

He (the German Honorary Consul that is) is also issuing letters of income for retirement visa extensions for any EU citizens. A UK friend of mine just renewed his retirement visa using him.

[merijn]

He (the German Honorary Consul that is) is also issuing letters of income for retirement visa extensions for any EU citizens. A UK friend of mine just renewed his retirement visa using him.

Yes officially all EU consuls can issue income certification letters for all other EU members (in case that consul is not available) but not all consuls are allowed to do this from their own embassy/government.

The German consul is known to be a very good for this.

[Wezoworld]

You should not have to supply any financial information for an spouse of an EU citizen.

The full list of required documents are:

Visa application form

2 recent passport photos

Passport

Marriage certificate legalized by the embassy of the country of the spouse (if married in Thailand) or by the competant authority of the country of the spouse

Thai birth certificate

Proof of change of name or surname of applicant

Sworn statement by the European citizen declaring that they will take responsibility

Copies of all of the above

The legalized marriage certificate and proof of change of name/surname are new as far as I can see, and not something we had to provide last year when applying for the Schengen visa for my wife (we applied at the Italian Embassy in BKK)

It may be that the german consulate do not know the rules (unlikely) or are just using guidance from the Embassy in BKK. If I were you I would contact the embassy in BKK as this is where they will actually issue the visa.

The application is also free - you should not have to pay for the visa (although I have noticed some embassies are now requiring a 'service fee' as they have outsourced the processing to various companies - legally i think this contravenes the directive regarding spouses, but then arguing may prove difficult!)

[merijn]

You should not have to supply any financial information for an spouse of an EU citizen.

The full list of required documents are:

Visa application form

2 recent passport photos

Passport

Marriage certificate legalized by the embassy of the country of the spouse (if married in Thailand) or by the competant authority of the country of the spouse

Thai birth certificate

Proof of change of name or surname of applicant

Sworn statement by the European citizen declaring that they will take responsibility

Copies of all of the above

The legalized marriage certificate and proof of change of name/surname are new as far as I can see, and not something we had to provide last year when applying for the Schengen visa for my wife (we applied at the Italian Embassy in BKK)

It may be that the german consulate do not know the rules (unlikely) or are just using guidance from the Embassy in BKK. If I were you I would contact the embassy in BKK as this is where they will actually issue the visa.

The application is also free - you should not have to pay for the visa (although I have noticed some embassies are now requiring a 'service fee' as they have outsourced the processing to various companies - legally i think this contravenes the directive regarding spouses, but then arguing may prove difficult!)

Are those requirements mentioned by you for the German Embassy ?

There is no information on their website about those requirements.

We are married in Thailand and the marriage certificate is translated and notarized to German.

I believe that it also have to be certified at the MFA in BKK which the consul can do for us. ( according their information )

There is no mention about getting it certified at my embassy as they will not do this as it is a Thai marriage certificate.

My wife did not change her last name as this is not required so no proof of name change is possible.

I don't know if my wife has her birth certificate and if we can get this at our local Amphur.

According the EU guidelines only the marriage certificate, tickets confirming traveling together are required.

As i still have to time to apply for the visa i will prepare also the "normal" paperwork in case they are refusing the application under the EU directive II i don't have a choice as we have to go to Europe and cancellation or date change is not a option.