Urgent! Schengen Visa

[sdaze]

Hello, i would like to ask is there any possible way i can get a schengen visa to denmark here? Planning to go 23 for christmas. Im tourist filipino passport holder here in thailand.

I asked before and they not possible in thailand cause i have tourist visa. If you know anything suggestion or comments pls let me know

[beechguy]

Got the wrong Forum, perhaps a Mod can move it soon.

[sdaze]

Oppps sorry im new here. Where should i put this topic?

[ubonjoe]

Moved to the visas for other countries forum.

[sdaze]

Already did thank u

[theoldgit]

You say they've already told you that you cannot apply for a visa, as you are here as a tourist, who are "they"?

If it's the Danish Consulate or their agents VFS, I'm not sure that anyone here can help you circumnavigate that.

The website says

Non-Thai nationals must stay legally in Thailand, either on the basis of a visa for Thailand or on a valid work/residence permit in Thailand.

If you have a Thai Visa then you could feasibly qualify, but it depends on your status here.

You say your enquiry is urgent, so if you have an urgent need to travel to Denmark then I would be inclined to submit your application directly to the Embassy, you might try submitting your application directly to the Danish Embassy and pleading your case.

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. A maximum of 2 weeks waiting time for an appointment should be expected.

[sdaze]

Went to the Danish embassy and they said its not possible then i went to the consulate hoping maybe it will beand they gave me application forms and stuff and didnt say anything that i cant process it. Its confusing

[theoldgit]

When you said you went to the Embassy, do you mean that you went to their Visa Application Centre, that isn't the Embassy, it's a contracted out office to receive applications.

The Embassy and/or the Consulate are one and the same and totally separate from the application centre.

When you went to the Consulate did you explain that you were here as a tourist?

I would bypass VFS and try and submit directly with the Consulate, it's a long shot and you still need to submit details of travel, accommodation, finances and insurance.

How urgent are your needs?

[sdaze]

I really went to the embassy and they didnt even let me in. The guard only made me talk on the phone with a girl and then asked me what visa im holding i said tourist visa and filipino. She told me that i should process in philippines instead. And the next dat i went to the place giving some application form she knew im filipino holding a tourist and didnt say anything that i cant process so that kept me hanging. You think if they will let me process here u can make it before dec 23?

[theoldgit]

It's a long shot, but it depends how urgent you need is as to whether they will let you.

As I indicated earlier, you need to make an appointment to get into the embassy.

[Donutz]

If you are a tourist in TH you normally cannot apply from there, only if you have long term legal residency in TH. One has to apply from a country that you are either a national of or have long term residency. The exception is when it would be "unreasonable" for you to return home for an application, thus an urgent matter which couldn't be forseen when you made your travel plans, in other words an emergency. In that case the embassy should consider your application.

More info via the links in the Schengen sticky.

[Bpuumike]

I believe you can only apply for a Schengen visa in your own home country.

[White Christmas13]

I believe you can only apply for a Schengen visa in your own home country.

You talking about this particular case or in general ? My wife applied for a Schengen visa

in Australia she is still Thai citizen no problems getting it, same with my nephew he is

on a student visa in Australia got it as well no hassle. Both applied in Australia through VFS

[theoldgit]

I believe you can only apply for a Schengen visa in your own home country.

Not the whole story, for most countries you should apply in your own country or a country where you're legally resident.

As another poster has pointed, his wife is Thai but legally leaving in Oz so could apply in her country or legal residence rather than her home country.

Some Consulates will make an exception in the case of an urgent need to travel, death or illness for instance, if the person is a tourist in they country where they want to make the application.

I suspect, but don't know, that the OP doesn't fall into this category.

[7by7]

In addition to theoldgit's reply above, I think that if the applicant is a qualifying family member of an EEA national and travelling with or to join their EEA national family member then they can apply in any country; even if in that country as a visitor.

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

[Donutz]

Indeed, but the OP does not seem to fall under Freedom of Movement for EU family members (directive 2004/38), there seems no long term residency in TH and neither does there seem to be an urgent and compelling situation that would make it unreasonable for the applicant to apply from a country where (s)he residency.

A student generally stays for 1 year or more, so a Thai could apply while studying in Oz from Oz. No need to go to VFS (I find them rather usess).

The Schengen Visa Code says:

Article 6

Consular territorial competence

1. An application shall be examined and decided on by the

consulate of the competent Member State in whose jurisdiction the applicant legally resides.

2. A consulate of the competent Member State shall examine and decide on an application lodged by a third-country national legally present but not residing in its jurisdiction, if the applicant has provided justification for lodging the application at that consulate.

The handbook explains on page 22-23:

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.

"Non-residing applicant" means an applicant who resides elsewhere but is legally present within the jurisdiction of the consulate where he submits the application.

"Legally present" means that the applicant is entitled to stay temporarily in the jurisdiction on the basis of the legislation of the third country where he is present either for a short stay or when he is allowed to stay for a longer period of time while maintaining his permanent residence in another third country.

*a few examples follow*

source: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm

Couldn't find the wording "unreasonable" in there, though I thought it was in there. Sadly I can't search for key wkrds on my phone.

Edited November 26, 2014 by Donutz

[Arkady]

In addition to theoldgit's reply above, I think that if the applicant is a qualifying family member of an EEA national and travelling with or to join their EEA national family member then they can apply in any country; even if in that country as a visitor.

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Correct but, if she is married to a Dane, this would not apply as the freedom of movement rules only apply for visits to other Schengen countries, not the country of nationality of the EEA citizen. Another problem is that most of the Schengen country embassies in Bangkok now have outsourced visa centres and openly flout the freedom of movement rules and refuse to let applicants apply direct at the embassies, or try their best to, and try to force them to apply under normal rules which many do because they don't know their rights. That would make it extremely difficult for the family member of an EEA citizen (who is not Danish) to exercise their right to obtain a visa under freedom of movement rules. They would be directed to the visa centre where staff know nothing about freedom of movement rules and would just tell them to go and apply in their home country, if they are on a tourist visa.

[Jay Sata]

In addition to theoldgit's reply above, I think that if the applicant is a qualifying family member of an EEA national and travelling with or to join their EEA national family member then they can apply in any country; even if in that country as a visitor.

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Sorry but your lack of travel experience has let you down again. This application has to be made in the Philippines.

http://filippinerne.um.dk

OP Can I suggest you contact the above ASAP.?

I cannot see you having a problem.

Edited December 8, 2014 by Jay Sata

[Donutz]

Errr, no? If they are covered by the directive (family member of EU/EEA national traveling to an other EU/EEA nation) they could apply from any place in the world or at the border.

[Jay Sata]

I might have missed something here but reading the following....

"Posted 2014-11-25 02:59:35

Hello, i would like to ask is there any possible way i can get a schengen visa to denmark here? Planning to go 23 for christmas. Im tourist filipino passport holder here in thailand.

I asked before and they not possible in thailand cause i have tourist visa. If you know anything suggestion or comments pls let me know

"

She is a Philippino national in Thailand on a tourist visa wishing to go to Denmark . She has to go back to Manilla! Given the time frame she is pushing her luck.

Where the hell does 7by7 's advice sit with this? More Google I fear!

Edited December 8, 2014 by Jay Sata

[wooloomooloo]

In addition to theoldgit's reply above, I think that if the applicant is a qualifying family member of an EEA national and travelling with or to join their EEA national family member then they can apply in any country; even if in that country as a visitor.

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Where the hell does 7by7 's advice sit with this? More Google I fear!

Nothing wrong with 7by7's post. It was merely an illustration of a particular circumstance.

Calm down, dear.

[Jay Sata]

In addition to theoldgit's reply above, I think that if the applicant is a qualifying family member of an EEA national and travelling with or to join their EEA national family member then they can apply in any country; even if in that country as a visitor.

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Where the hell does 7by7 's advice sit with this? More Google I fear!

Nothing wrong with 7by7's post. It was merely an illustration of a particular circumstance.

Calm down, dear.

No calm down but just stating facts . 7by7 wades in with a google answer that in no way relates to the fact this person has to apply in Manila where I suspect he has never got on a Jeepney. I sometimes suspect he works from his back bedroom not travel experience. I support any one who can give me experience from their travels but there are some so called experts who have never left the Home Counties.

He did the same earlier today posting a google answer to Cuba immigration with nothing more than cutting and pasting stuff from the embassy website despite the OP stating he had been to Havana.

I might be wrong but this question is from a Philippine passport holder who is in Thailand but wishes to visit Denmark but is not married to a Dane and wants to get there before Christmas.

In my opinion.....no chance.

Edited December 8, 2014 by Jay Sata

[dieter1]

just an idea:

she might not even been qualified,even if she will apply in the Philipines .....

I would suggest to check this at first.

(the qualification she needs, to get a visa)

Edited December 9, 2014 by dieter1

[NanLaew]

...

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Correct. A few years ago, my Thai wife got a Schengen visa in Aberdeen at the Dutch Consulate. Although officially it isn't possible, they were very amenable once they realised that we just wanted a stopover on the way home to Bangkok. However, that was a local, Consular decision and I am sure that the Dutch Embassy in London would not entertain the idea.

However, the OP's situation is cut and dried as stated by the person with the correct knowledge he spoke to on the phone at the gate of the Danish Embassy. He/she can only apply for a Schengen visa back home in the Philippines. If anyone at VFS said otherwise, they are wrong which is par for the course as they just pre-process inward visa applications and aren't authorised to dole out specific visa advice.

Remember that we aren't even sure the OP holds a Thai TR visa versus a visa-exempt entry stamp. Unfortunately, too many people think they are one and the same.

[Jay Sata]

...

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Correct. A few years ago, my Thai wife got a Schengen visa in Aberdeen at the Dutch Consulate. Although officially it isn't possible, they were very amenable once they realised that we just wanted a stopover on the way home to Bangkok. However, that was a local, Consular decision and I am sure that the Dutch Embassy in London would not entertain the idea.

However, the OP's situation is cut and dried as stated by the person with the correct knowledge he spoke to on the phone at the gate of the Danish Embassy. He/she can only apply for a Schengen visa back home in the Philippines. If anyone at VFS said otherwise, they are wrong which is par for the course as they just pre-process inward visa applications and aren't authorised to dole out specific visa advice.

Remember that we aren't even sure the OP holds a Thai TR visa versus a visa-exempt entry stamp. Unfortunately, too many people think they are one and the same.

Looks to me like she is in Thailand but holding a Philippine passport. Where 7by7's assessment on her Euro rights sails over my head. Maybe he only sees Denmark and cannot appreciate the distance between Bangkok and Manila.

However he has a habit of cutting and pasting.

In this case the OP has no chance in my opinion of landing in Copenhagen before Christmas.

[Jay Sata]

I really went to the embassy and they didnt even let me in. The guard only made me talk on the phone with a girl and then asked me what visa im holding i said tourist visa and filipino. She told me that i should process in philippines instead. And the next dat i went to the place giving some application form she knew im filipino holding a tourist and didnt say anything that i cant process so that kept me hanging. You think if they will let me process here u can make it before dec 23?

The syntax says it all.

Anyone care to bet me a fiver I am wrong and the visa will be approved before Father Christmas loads his sleigh .

[Donutz]

...

For example a Thai woman in the UK as a visitor with her British husband and they decide to visit France; she can apply in the UK even though there as a visitor and not resident.

Correct. A few years ago, my Thai wife got a Schengen visa in Aberdeen at the Dutch Consulate. Although officially it isn't possible, they were very amenable once they realised that we just wanted a stopover on the way home to Bangkok. However, that was a local, Consular decision and I am sure that the Dutch Embassy in London would not entertain the idea.

Your wife as fully entitled to a free visa, processed as soon as possible, since family members of EU nationals should be granted every facility in getting either a visa from anywhere in the world or

at the border.

However, the OP's situation is cut and dried as stated by the person with the correct knowledge he spoke to on the phone at the gate of the Danish Embassy. He/she can only apply for a Schengen visa back home in the Philippines. If anyone at VFS said otherwise, they are wrong which is par for the course as they just pre-process inward visa applications and aren't authorised to dole out specific visa advice.

Remember that we aren't even sure the OP holds a Thai TR visa versus a visa-exempt entry stamp. Unfortunately, too many people think they are one and the same.

The OP has not replied anymore, it is likely that the OP is just a tourist in TH in which case only in exceptional cases (emergency etc.) could one apply in BKK. If the OP had residence in TH then one is fully entitled to apply from TH.

I don't think anything else can or needs to be said.