Spanish Embassy, Are They Being Silly B*ggers Again?

[Phil_ne_uk]

My g/f and I went to the Spanish Embassy this morning to give them our family permit application on the basis of our "durable relationship as common law husband & wife" along with a declaration of our relationship status from the british embassy, and a brief letter from myself explaining the situation.

Surprisingly they did not want to see our receipts for any of the hotels we have stayed in since May 2005. The Thai lady on the desk suggested that my g/f's visa stamps in her passport from her three visits to the UK should be sufficient evidence of our relationship, even though no-one has ever applied on this basis. She did not want to see photos of us from the UK or in los either. So far so good I thought. However, she asked where we would be living, I told her the name & address of a hotel in the area where we intend to stay, she didn't look convinced so I showed her the name & address of a hotel in Spain in the area which I stated on the forms which was our destination. She did not think that would be good enough as it was just my writing in a piece of paper. I told her that I'm not going to book or rent somewhere when we don't know when we would be going at this stage. She also said that normally the man would go to Spain to find accomodation and then the wife/partner would follow on later!

Our application should I feel, be treated the same as a married couple. She said they would phone me if they needed any further documents, otherwise, I should phone them in seven days.

Having searched the forum for some answers in vain, my questions are,,

(1) Can they insist that we have previously organised/booked accomodation in Spain?

(2) Is there any truth in her suggestion (if that's the correct word) that normally the man would go to Spain to find accomodation and then the wife/partner would follow on later?

Incidentally, about 2 weeks ago I emailed the Spanish officials in Spain asking if they recognised civil partnerships. This before I knew that this applies to same sex partnerships. Anyway they replied a few days ago saying,

I am sorry, but Spain does not accept civil partnerships with regards to obtaining visas to live in Spain.

I emailed back telling them that I meant to say that my girlfriend and I live together as "common law husband and wife" and we have been in a "durable relationship" since 17th July 2004. My reply from them today was,

I am sorry, but the same applies to common law spouses. I am sorry to say that Spain will only accept persons married to EU nationals.

Are they legally correct in saying this or are they just taking the p**s and being silly b*ggers???

Cheers in advance,

Phil

[the scouser]

Phil,

In terms of a tourist visa, they can insist that accommodation is pre-booked, but not in relation to an application for a family permit. You only need satisfy them that you have the ability to support yourselves without claiming benefits in Spain, that you are a citizen of an EU country, that you are in a "durable" relationship, and that you intend to travel to Spain together. Even if it is considered usual for the EU citizen to firast travel to Spain, this is not a requirement.

Under the relevant legislation your girlfriend is entitled to a family permit if you can demonstrate that you have a "durable" relationship. The definition of this is left to the individual member state: in this case Spain.

Scouse.

[Phil_ne_uk]

Hi Scouse, thanks for your reply, yet again which answers my questions. Your advice is very much appreciated.

One thing though. If they start being awkward, is there anything I can threaten them with, such as telling them I'll complain to the European Parliament? Just to let them know I won't be fobbed off with a NO!

Cheers

Phil

[the scouser]

Phil,

If your girlfriend's application is refused, she should be given a right of appeal. Notwithstanding this, you can also take the matter to the European Court but this will be expensive and time consuming.

Scouse.

[Phil_ne_uk]

Hi Scouse,

thanks again for your reply. I'll post the outcome when we get the result on Wednesday, 7 days after we made the application. God knows why it takes 7 days, but there you go!

Cheers

Phil

[lapamita]

good luck on the spanish embassy

for first apealing to a court

1. you can apeal at the ministerio de justicia superior in madrid, it akes you years

2. the girl is the aplicant,,,, so she must be apeal with an international lawyer not you

this embassy is a desaster since 2001. my girlfriend ( not married ) had 8 visas issued by the emabassy ( because me resident legal of spain).

since 2001 they are very strict, and ebven denied my grilfriends vias after

in 2001 the old personal change, after the consul was young fat lady, she hate everything in thai, after 2003 was again an old lady ( 60 up in green hunteruniform with nickelglasses)

]

deal with this ladys impossible

the thaistuff is helpful, but not the conul ladys

i am fed up from visashit in europe and in thailand............................

if you not legal resident of thailand your chances are 0