My wife has been in the UK for about 5 years with idlr but no UK passport as yet and we only have our marriage certificate in Thai so I am wondering if we can use instead our son UK birth certificate as evidence of an EU family member to get a visa to spain or Bulgaria?

If your son is British surely he will have a British Passport so will not need a visa, or am I missing something?

Has your wife got British Citizenship?

Sorry had a few drinks before posting! My son has a UK passport but my wife doesn't have UK citizenship and our marriage certificate is only in Thai and don't have the time to get it translated as was thinking of going away somewhere in Europe in the next couple of weeks been to turkey already so don't really want to go there. So could I use my sons birth certificate as evidence of an EU family member instead of our marriage certificate?

I doubt very much if they will take your sons passport of birth certificate as evidence, they do stipulate a translated marriage certificate so I doubt very much if they will bend their rules.

Your wife could apply for a tourist visa in her own right though using her ILR as evidence, though the Spanish do say that if applicant is holding a spouse or dependent UK residence permit; they must provide original and copy of marriage certificate and copy of spouse/partners passport.

Thanks for your reply. Thought that might be the case as our is our dependent, just don't think we will have the time to apply for a tourist visa and you have to show flight and hotel bookings and don't really want to do that in case its refused! Oh well might have to be Turkey again or there's always Gibraltar I suspose

If you apply for an visa for EU/EAA family there is no need for hotel booking, funds, insurance or transport. They want to something that makes clear you will travel together such as a short statement from the EU national (you) and on the application form filling in under purpose: "other: joining UK national to Spain/ Italy/anyEUnationExceptYourOwn "

Have a look at the Schengen FAQ at the top of the forum.