Schengen Spain visa in Bangkok for Non-Thai

[LeeroyJ]

Hi!

I'm russian , living in Thailand last 8 years already, don't have work permit or any cars/houses/condos on my name here. Have wife (but didn't make any marriage papers yet) - wating for daughter now (5 months pregnancy

Current Thai visa: 5 years Thai Elite .

Can I apply for Schengen visa in bangkok througn Spain embassy? Is it possible to do for non-thai? If yes - what's my chances to get it? Or will be better to come back to Russia and try to apply there (but I still don't have anything on my name there too) .

Thanks in advance!

[Donutz]

You can apply at either the country that you are a national of (Russia) or any country where you are a legal resident (Thailand, I do assume you live here legally on a Non-O visa or something long term like that). So you should be fine to apply via the embassy in BKK. You may wish to read the Schengen sticky topic plus ofcourse the website of the embassy involved (Spain).

[theoldgit]

Unhelpful post removed.

This is a forum, people come here for helpful advice from other members.

[sandyf]

Yes you can apply, you would do it through the Spanish VFS office at Silom, google the website.

I went there 2 years ago to get visa for Tenerife and there was a Russian lady at the next counter making an application. They refused to accept it on the grounds she did not have a return ticket to Thailand, her ticket was to Spain and back to Russia. One would hope that things have improved since then.

[Donutz]

There is always the option (right actually) to apply directly at the embassy. Under the current Schengen visa rules external service providers such as VFS are entirely optional. You may use their services if you like, if you chose to do so a service fee will apply.

But I'd personally rather apply at the embassy (they should help you within 2 weeks, processing also taking no more then 15 calendar days) , avoiding such incompetence and saving a silly servicr fee while at it.

[sandyf]

There is always the option (right actually) to apply directly at the embassy. Under the current Schengen visa rules external service providers such as VFS are entirely optional. You may use their services if you like, if you chose to do so a service fee will apply.

But I'd personally rather apply at the embassy (they should help you within 2 weeks, processing also taking no more then 15 calendar days) , avoiding such incompetence and saving a silly servicr fee while at it.

Some things are easier said than done. If an embassy does not want to handle applications then they will send you to the service provider. These days they have a very easy way out - 'Biometric facilities are unavailable'.

By all means contact the embassy and ask, but in this case, Spain, I know they will send you to VFS.

It is even more difficult when the member state does not have an embassy, currently faced with that problem.

[Donutz]

Schengen embassies are obligated to provide proper information (the visa code explitly dictates so in one of it's articles). The handbook for embassy staff (detailing the rules, obviously not being of any legal value itself) goes on to comment that if an embassy uses an external service provider, that the various means of applying must clearly be detailed in the information for applicants. That includes informing about direct applications.

The Spanish did not had such info on the VFS site for a while, after complaints to the embassy and EU Home Affairs they did add pn the VFS site that one could also e-mail the embassy for an appointment (at the embassy).

I didn't know Spain now not only uses VFS as an optional way for appointments but also let them run a VAC (visa application centre). If that is the case the VFS site should mention that you can chose to go to the VAC but also can apply at the embassy. If they don't they violate the visa code and should be reportee to EU home affairs (or vis Solvit, the EU ombudsman). That should earn the Spaniards a slap on the wrist and see this corrected.

As for applying for a country that that has no embassy: it's usually tasked to an other Schengen embassy that has representatation. Sometimes not, in which case you need to go to the proper embassy in a neighbouring country where there is representatation. There is a list around detailing which countries are represented by other embassies.

[sandyf]

Schengen embassies are obligated to provide proper information (the visa code explitly dictates so in one of it's articles). The handbook for embassy staff (detailing the rules, obviously not being of any legal value itself) goes on to comment that if an embassy uses an external service provider, that the various means of applying must clearly be detailed in the information for applicants. That includes informing about direct applications.

The Spanish did not had such info on the VFS site for a while, after complaints to the embassy and EU Home Affairs they did add pn the VFS site that one could also e-mail the embassy for an appointment (at the embassy).

I didn't know Spain now not only uses VFS as an optional way for appointments but also let them run a VAC (visa application centre). If that is the case the VFS site should mention that you can chose to go to the VAC but also can apply at the embassy. If they don't they violate the visa code and should be reportee to EU home affairs (or vis Solvit, the EU ombudsman). That should earn the Spaniards a slap on the wrist and see this corrected.

As for applying for a country that that has no embassy: it's usually tasked to an other Schengen embassy that has representatation. Sometimes not, in which case you need to go to the proper embassy in a neighbouring country where there is representatation. There is a list around detailing which countries are represented by other embassies.

Very informative but I am quite familiar with the contents of the Schengen handbook.

I emailed the Spanish Embassy for an appointment but they would not make the appointment and said I had to contact VFS. I could have tried to insist but I would probably have still been waiting when it was time to leave Thailand. In most cases expediency rules.

Since May 2014 an application can only be completed at an embassy that has installed biometric collection, otherwise you also have to attend a service provider.

I reported the Germany embassy to Solvit for breach of Schengen guidelines, took a great deal of hassle and about 6 months to be dealt with. Wouldn't do it again.

[Donutz]

I remember some earlier topics on the Spanish being resistant to abiding the rules, but that they eventually did. Ofcourse being pragmatic and obeying incorrect, silly, instructions from the embassy may be faster but that does not rule out reporting such unacceptable brhaviour to EU Home Affairs. Including refusing direct applications at the embassy because they don't have a fingerprint scanner at the embassy. If they cannot be bothered to provide proper service at the embassy then the VAC should be free! But we all know that won't happen, but if reported to the EU atleast it could result in the Spaniards installing a scanner at the embassy so that people can go there too like they should be able to. If no person complaints nothing will chsnge, if people do complain there is atleast a chanche even though the EU works slow. Edit: Sandy you could still share your experience regarding the unwilling Spanish embassy with EU Home aaffairs. They'd be interested even though a reply takes 1-2 months, it might just help those that will apply in the future! /endofedit.

Regardless I hope that the topic starter has his answer and take whatever approach suits him best.

Edited April 21, 2016 by Donutz

[LeeroyJ]

Regardless I hope that the topic starter has his answer and take whatever approach suits him best.

yep,

thanks to all for answers!

[theoldgit]

The Spanish did not had such info on the VFS site for a while, after complaints to the embassy and EU Home Affairs they did add pn the VFS site that one could also e-mail the embassy for an appointment (at the embassy).

I didn't know Spain now not only uses VFS as an optional way for appointments but also let them run a VAC (visa application centre). If that is the case the VFS site should mention that you can chose to go to the VAC but also can apply at the embassy. If they don't they violate the visa code and should be reportee to EU home affairs (or vis Solvit, the EU ombudsman).

VFS who operate the Visa Application Centre, on behalf of the Spanish Consulate, have the following statement on their website, in bold on the home page:

Applicants can continue submitting their application at the Embassy of Spain in Bangkok.

I make no further comment as I have no experience of lodging an application for a Spanish Visa, but it does indicate that may now be conforming to the Schengen Agreement.

The following is highlighted below the previous statement:

Short-term visa applications can be submitted at the Visa Application Centre in Bangkok without prior appointment. Please note that you can also submit the application at the Embassy, but you will need to schedule an appointment at [email protected].

As I say I have no recent experience of applying directly to the Spanish Consulate, and whilst my partner did request an appointment, which was granted within 24 hours, that was about two years ago, so their website may now be giving out inaccurate information, or they may now be complying.

[Noob81]

It would be really interesting to hear back from the topic starter. I've failed to find any reports of Thailand Elite holders applying for Schengen visas, but there are plenty of really nasty "no WP, no visa" reports. I'm also Russian and already enjoyed a fair bit of Schengen application hassle back in Russia, but here it seems to be even more problematic.

[Donutz]

Would indeed be nice to know if the Spanish do a proper job and gave no hassle or if they sadly decided to ignore the rules and made things difficult. If they play by the rules those residing long term in Thailand should not have any problems at all, the Schengen Code on Visas states:

 

Quote

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.

 

Source: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0810

 

And even short term stay (tourists, business visitors) may get a visa under certain conditions such as emergencies or simply not being excessive bastards:

Quote

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.

 

Example: A Peruvian artist is scheduled to perform in Portugal on 25.5., and from 20.2. to 15.5 she is performing in Canada and the United States. Under such circumstances a Portuguese consulate in Canada or the United States should allow the applicant to submit the application,because it would be impossible for her to apply while still in her country of residence given the rule of not applying for a visa earlier than three months before the date of the intended entry into the territory of the Member States.

 

Example: A Chinese professor has travelled to London to teach at a university summer school. During her stay, her father, who lives in France, falls seriously ill and in order to travel to France the Chinese woman applies for a visa at the French consulate in London.

The French consulate in London should deal with the application because it would be excessive to require the person concerned to return to her country of residence to apply for the visa.

(...)

Example: A Russian businessman from Novorossiysk (Russia) has travelled to Moscow (Russia) for a trade fair. There he meets a Greek business person who invites him to come to Athens (Greece) straight away in order to establish a contract for a future business relationship. The Russian businessman wishes to apply for a visa at the Greek consulate in Moscow because the approximate travel/road distance between Moscow and Novorossiysk is around 1500 km. The Greek consulate in Moscow should deal with the application because it would be excessive to require the person concerned to return to his city of residence to apply for the visa.

 

 

Source (non legally binding official EU handbook): http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/docs/20140709_visa_code_handbook_consolidated_en.pdf