Is a Visa needed for Thai in UK to visit Spain?

[Rob180]

Can someone clarify this please? The paragraph below is taken from the Spanish Embassy site..............

6. Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, family members of an EU/EEA national in possession of a valid UK Residence Card specifying its condition as a family member do not require a visa to enter Spain when travelling with the EU/EEA National or joining him/her in Spain. Otherwise, a visa will be still required (Real Decreto 1161/2009, 10th July 2009). For spouses and/or children of Spanish Nationals the above condition applies provided that the marriage and/or birth is registered according with the Spanish Civil Register (original Libro de Familia). Please note, that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required.

This information applies only to ordinary passports. All other nationalities, not listed above require a visa.

Does this mean my Thai spouse living in the UK on a marriage visa does NOT require a VISA if travelling with me to visit Spain for a holiday, as I am a EU/EEA National (UK)?

What do they mean by a Residence Card/Permit................do they mean the SPOUSE VISA granted to be in the UK?

Thanks

[mgb]

They mean a residence card for a family member of a EU/EEA citizen and your wife cannot get such a card in the UK.

[7by7]

Indeed; the residence card must say that the holder is the family member of an EEA national; and residence cards issued under the immigration rules, e.g. an initial spouse visa, FLR and ILR, do not say this.

So as your quote from the Spainsih embassy says, she needs a visa.

Though strictly speaking it is possible for her to enter Spain, or any other EEA state, without a visa provided:

• she is travelling with or to join you,
• can satisfy immigration that you are an EEA national, e.g. British,
• can satisfy immigration that she is your qualifying family member, e.g. your wife.

See 'Arriving at the border without an entry visa' on this page.

However, as it says there, it's better to be prepared in advance; i.e. have the appropriate visa.

This will not only prevent any possible delays at Spanish immigration while they satisfy themselves that she is allowed in, it will also prevent any possible refusal of carriage by your airline or other carrier, who may not be fully up to speed on the rules.

Under the regulations, the application should be free, most of the requirements wont apply to her and it should be issued with the minimum of delay.

[MaprangHolmes]

The Spanish consulate in London is very good they turned around my wife's visa in 2 days one thing to remember is that you need your marriage certificate translated in English or Spanish and it has to be certified by the Thai embassy in London which can be done by post and I think it only cost about £10. The visa for Spain will be free you can if you want too give them a special delivery pre paid bag or envelope and they will post the passport back to you.

The documents I gave them where

UK passport

Flight Tickets showing both names

Accommodation Voucher

Itinerary

Invoice

I May not have needed that all but I have done 6 applications now and everyone was accepted without any problem

Hope it helps

[Rob180]

Thanks folks, it appears that there is now a Spanish Embassy in Edinburgh which is good. Going to London for me would be too much hassle and expense. There is a mention of fees... an admin fee of £17 and about £50 for VFS which isn't too bad if the process is straightforward.

Without degenerating into a rant about immigration rules, it seems rather ridiculous in the current climate that the spouse of a UK Citizen cannot go with that person to another EU country for a holiday without a VISA !??

Edited October 2, 2015 by Rob180

[mgb]

There is the same problem in the other direction.

A right of residence due to national law in the Schengen member states is not recognised from the UK as visa exemption.

[MaprangHolmes]

Thanks folks, it appears that there is now a Spanish Embassy in Edinburgh which is good. Going to London for me would be too much hassle and expense. There is a mention of fees... an admin fee of £17 and about £50 for VFS which isn't too bad if the process is straightforward.

Without degenerating into a rant about immigration rules, it seems rather ridiculous in the current climate that the spouse of a UK Citizen cannot go with that person to another EU country for a holiday without a VISA !??

I can't say about Edinburgh but the one in London you do not pay any fee, If the VFS place up there is the same as the one in London I would avoid it like the plague unless you like a very long wait 6 hours my wife waited in there once never again

[7by7]

Indeed, there should be no admin fee, and as your wife is the qualifying family member of an EEA citizen she can apply directly to the embassy and avoid VFS and their fee.

Though VFS and the embassy are a bit shy about telling people that!

[durhamboy]

Whilst I can understand the argument that it is better to get a visa and be safe I still find it all faintly ridiculous when our Thai spouses have the right to visit Europe without a visa.

In getting this unnecessary visa we are expected to :-

1. Get our marriage certificate translations certified by the Thai Embassy.

2. Possible be asked for visa and admin fees.

3. Spend money on registered post for our documents.

4. Have our passports and other docs out of our hands for a period of time with the possibility that they may be lost.

There was one case recently where the couple just went (to France I think) without a visa and there was no problem. Are we all just getting a bit too paranoid?

[Richard W]

Indeed; the residence card must say that the holder is the family member of an EEA national; and residence cards issued under the immigration rules, e.g. an initial spouse visa, FLR and ILR, do not say this.

Please endeavour to retain the distinction - a residence card is issued on the basis of EU directives, while a British residence permit is issued under the purely British system. I note that the Spaniards failed, but that should not surprise any of the regulars here.

[Rob180]

Indeed, there should be no admin fee, and as your wife is the qualifying family member of an EEA citizen she can apply directly to the embassy and avoid VFS and their fee.

Though VFS and the embassy are a bit shy about telling people that!

That's interesting 7by7. I can't find any mention of that on the Spanish website. As always with visas, the full information is never there, or it is written in such a way that you can never be sure of what it really means. It would be so easy for them just to have a section for spouses of EEA citizens, but as you say....they only tell you what suits them to make the process difficult and to make money. It appears that in fact, obtaining a Spanish visa should be easy, but the website makes you believe otherwise!

[durhamboy]

Yes Rob, and at the end of the day we are going there to put money into their economies! I have cancelled a holiday before because of the difficulty of getting a visa - Italy about 15 years ago. Sometimes they shoot themselves in the foot. A little more customer care would not go amiss.

[7by7]

From the Spanish consulate in London

Applicants who prefer to address their application directly to this Consulate, including spouses, partners, and family dependants of Spanish and EU citizens, should write a letter (phone calls, fax and e-mails will not be accepted) to this Consulate that can be sent by post or delivered in person. The applicant will be given an appointment on the first available date and in strict order of presentation. An appointment will usually be given within 2 weeks after you apply. Please state clearly the purpose of your visit, dates of travel, contact details (full name, address, email and day time telephone number) and enclose only photocopies of your passport, UK residence visa, (marriage certificate, birth certificate, if applicable) and a stamped SAE. Please do not send or hand in any original documents until you asked to do so by the Visa Department.

Visa Application fee

....There will be no charge for the spouse and/or dependants of an EU citizen. However, proof of the relationship must be submitted at the time of application. This proof must be an original EU full national passport or national ID card and an original marriage certificate or civil partnership, (birth certificate in the case of children or dependants). Photocopies are not acceptable. Non EU Certificates should be legalised according to the 1961 Hague Convention.

See also Family members of EU/EEA/Spanish national on Documents required to bring on the appointment date

As you live in Edinburgh you should apply to the consulate there; but the procedure should be very similar. Sorry, but I can't find a website for them.

Their contact details, according to this site, are:

.
Address:

63, North Castle Street
Edinburgh EH2 3LJ
United Kingdom

Phone:

local: (0131) 220.1843
international: +44.131.220.1843+44.131.220.1843

Fax:

local: (0131) 226.4568
international: +44.131.226.4568+44.131.226.4568

Email: [email protected]