Visa from UK to Spain

[mikol]

My Thai wife and stepdaughter live in the UK on a 30month visa, I would like to take them to Spain or Malta for a holiday what sort of visa will they need if any and from where. thanks Mik

[7by7]

As both Spain and Malta are Schengen states, then they should each obtain a Schengen visa.

Assuming you are British, and therefore an EEA national, the visas will be free and should be issued with the minimum of evidence and hassle.

If visiting more than one country they should apply to the country you intend to visit first.

Although geared to applicants in Thailand, the regulations are the same for applicants anywhere; so you may find Schengen visa FAQ helpful.

[Richard W]

Assuming you are British, and therefore an EEA national, the visas will be free and should be issued with the minimum of evidence and hassle.

Where did you marry? If you married in Thailand, the free visa might be neither the cheapest nor the most convenient to obtain.

[Jay Sata]

As both Spain and Malta are Schengen states, then they should each obtain a Schengen visa.

Assuming you are British, and therefore an EEA national, the visas will be free and should be issued with the minimum of evidence and hassle.

If visiting more than one country they should apply to the country you intend to visit first.

Although geared to applicants in Thailand, the regulations are the same for applicants anywhere; so you may find Schengen visa FAQ helpful.

No personal experience of the Spanish then 7by7?

I have had a bucketful of them over the years just trying to cross from Gib to La Linea and with a UK passport

We can all use google but I thought this forum was to give on the ground info.

You say minimum of evidence and hassle!

When did you last deal with Spain?

Edited December 24, 2014 by Jay Sata

[Jay Sata]

Malta has an excellent website you may find helpful.

Applications have to be made in person.

http://www.theschengenoffice.com/malta_embassy.html

Edited December 24, 2014 by Jay Sata

[Donutz]

Where did you marry? If you married in Thailand, the free visa might be neither the cheapest nor the most convenient to obtain.

Where you were legally married should be of no concern, the EU regulations (Directive 2004/38) apply to all married couples and other direct family. What is required? You simply need to show that you are actually married. The bare minimum for this is the official marriage papers but if you have an (official, notarized/legalized) translation this can help. The applicant may also use other evidence to show that there is an actual marriage.

Part 2 is ofcourse that the Spaniards (in TH atleast) are a bunch of ****** and may ask for more paperwork such as "we want to see evidence that your home country confirms the marriage" which is total BS if they bother to read the directive.

No personal experience of the Spanish then 7by7?

I have had a bucketful of them over the years just trying to cross from Gib to La Linea and with a UK passport

We can all use google but I thought this forum was to give on the ground info.

You say minimum of evidence and hassle!

When did you last deal with Spain?

The Spaniards can be a but difficult but they still have to abide the Schengen and EU rules.

The right of free movement of EU citizens would not have any useful effect without accompanying measures guaranteeing that this right is also given to their families. Therefore the Directive extends the right to free movementto family members of EU citizens. Article 5 (2), 2ndsub-paragraph of the Directive provides that "Member States shall grant [familymembers covered by the Directive] every facility to obtain the necessary visas. Such visas must be issued free of charge as soon as possible and on the basis of an accelerated procedure."

Source: http://ec.europa.eu/dgs/home-affairs/pdf/policies/borders/docs/c_2010_3667_en.pdf

If you cite the rules to them they probably give in (I tried to make an appointment once for a visa, they sold me to go to VFS, I told them that in the Schengen Visa Code it says I can go to the embassy directly aswell, they then confirmed this). If citing the rules (see sticky for URL) does not help, there is still Solvit and a mail to the Spanish MoFA in Madrid (which does know and respects the rules). Also report any violation of the Schengen/EU rules by an embassy to the EU Home Affairs (and if you wish to the EU Representation/embassy in Thailand). They do look into complaints.

Applying for a visa

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:

• Countries which are members of the border-free Schengen area should issue visas within 15 days, except in rare cases, when the authorities should provide an explanation of their decision.
• All other countries (Bulgaria, Croatia, Cyprus, Ireland, Romania, UK) should issues visas as quickly as possible.

The documents your family members need to include in their visa application may vary from country to country. Before travelling, check which these are with the consulate or embassy of the destination country.

.

@OP: The Spanish may still not be the most competent or friendly bunch but if you are polite, know your rights and persist you should be fine.

http://www.thaivisa.com/forum/topic/703486-spanish-schengen-visa-new-rule/

When applying from the UK, contact the Spanish consulate (not embassy), they should give you an appointment within 2 weeks and the visa processing should take 15 days max. It should be enitely free unless you chose to use a service provder (VFS Global) in which case you must pay VFS a service fee. Provide the consulat with evidence of marriage (marriage papers and preferably also a translation if the orginal document is in a language the Spanish embassy cannot read), that you are traveling together (a letter from you stating your intention should be fine, if you have a reservation of transport to Spain even better but no obligation to do so) and ofcourse ID's of you and your family members. There is no legal requirement to show sufficient funds, travel insurance, hotel bookings or any other paperwork.

Your rights are based on this Directive:

- http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0038

Edited December 24, 2014 by Donutz

[Jay Sata]

The point is Donutz that the Spanish have no right to impose all that running around.

However like the French they have their own set of EU rules.

I look forward to Farage sorting this out.

When we joined the EU I thought we would benefit withe cheap wine cheese etc.

Sadly we did not even get that as taxpayers.

The free movement rules appear to work from the continent to the UK but not in reverse.

Why should the OP have to wait 2 1/2 weeks for a bit of paper to allow his wife to enter a country she has access to under the rules?

[Donutz]

The point is Donutz that the Spanish have no right to impose all that running around.

However like the French they have their own set of EU rules.

(...)

The free movement rules appear to work from the continent to the UK but not in reverse.

Why should the OP have to wait 2 1/2 weeks for a bit of paper to allow his wife to enter a country she has access to under the rules?

Sadly like the UK, several EU nations chose which parts of EU treaties/agreements/legislation they wish to abide and which they wish to ignore. Such as the UK, which refused to accept Residence Cards issued under Directive 2004/38 as a document for visa free entry to the UK. Or the Spaniards (embassies) that ask for a ton of documents for all visa applicants including those covered by Freedom of Movement. They can get away with it afor a while because these countries incorrectly incooperated EU legislation into their national laws. It then takes some time for the EU (or EU court) to make countries correct their national legislation to be in line with what the EU democratly decided or to what member states individually agreed upon (signing a traty or directive). Or citing the rules does often help: plenty of people gained access at the UK border without UK visa in advance, or people not having to hand in a ton of documents to the Spanish embassy (the Spanish ministry of foreign affairs is very much aware of the EU legislation and I know that they do respect directive 2004/38).

And yes it's rather silly that paperwork takes so long when entering from the Schengen area to UK, from UK to Schengen area or from/to any other EU members with their own visa rules. Freedom of movement works, but not smoothly enough in both directions. Regular non-EU family needs to go to the hassle of a free visa in advance (with no requirements except showing that there is a family relation to the EU national and that they are all traveling together or joining eachother in any EU member state -except the nations the EU national is a citizen of-). My Thai wife on a Dutch residence permit living in NL would need to get a EU/EEA permit in advance, too much hassle as I cannot go to the UK embassy in The Hague, which would be a 20 minute drive for me. Nope, it's outsourced to some company which sends the paperwork off to the UK for processing (at a service fee). Really turns one off from plans to go to the UK. Alternatively we could show up at Calais and gain entry at the UK-French border.

Same other way around: UK national and Thai family need a Schengen (free, minimal paperwork etc.) but you would need to go to the embassy of the relevant Schengen nation, apply for a visa, wait etc. Or just go to Dover for entry at the UK-French border. If they'd just accept residence permits and residence cards from eachother. The layout of all these cards is about the same for most EU members, if they'd agree on an official layout and atleast say French and English + national text on it, it would make things a lot easier... Perhaps in the future... Though accepting all EU residence cards and permits (not just those issued under the directive) would require new EU agreements/legislation so it probably won't be any time soon I'm afraid.

[Jay Sata]

There are lots of anomalies Donutz.

I have held a pilots licence for the last 30 years and can happily climb aboard a light aircraft and legally fly to Europe from a small airstrip without informing anyone.

On entering Spain or France as long as my passengers have a right to reside in the UK they cannot be refused entry.

Of course if they were then I would just fly them back.

If this sounds complicated then let me assure you it is the norm.

During the summer it is common for hundreds of UK light aircraft to cross the channel to have lunch at places such as Le Touquet.

At weekends there is often little or no customs or immigration at French airfields.

On return I just need to give four hours notice plus details of my passengers.

Edited December 24, 2014 by Jay Sata