Applying for a Schengen Visa whilst visit the UK.

[bifferted]

I'm not so sure I am writing in right place couldn't find where to start a new thread but my question similar

I have been visiting. Thailand since 2009 and for the last 4 years have had a regular girlfriend and we hope to marry next spring in Thailand

Anyway I have got a visitors visa for her and we leave for Uk on May 10th ,on visa application put visit was 5 weeks but now we wish to use up most of the 6 months allowed visiting various places.we wish to visit Hungary,France and Germany where she has sisters living.

My question is ,what is the best way to get her a svengan visa as we will be in the uk

We most likely will be visiting Hungary first then back to Uk for few weeks then France back UK couple weeks then Berlin and then back to UK until time to return together to Thailand end October or thereabouts.

We will be visiting Southern Ireland a few times as well but I know we will have no problem doing that.

Any advice would be helpful

[theoldgit]

@bifferted, I've created a new thread for your post. For future reference to start your own thread start from the main forum page and click on the "Start a new topic" button on the right of the forum near the top of the page, just above the blue line.

Your girlfriend should apply for a Schengen Visa in her main country of residence, ie here in Thailand, the Hungarian Consulate do specifically advise that only those legally resident in the UK can apply for a visa via them. Some Schengen States might possibly allow her to apply for a visa when visiting the UK in an emergency, but I doubt very much if her circumstances would come under that category.

You have stated that your girlfriend had indicated that she intended to visit the UK for five weeks when she applied for her visa, remember it was her application not yours. She is now considering staying for six months, whilst doing so wouldn't break any Immigration Laws, the ECO, when considering her application, would no doubt have taken into consideration her ties to her home country as her reasons to return, and granted the visa taking her reasons to return into account. She now wants to extend her holiday by over five months, the Border Force Officer at her Port of Entry may well believe that there has been a material change of circumstances and could possibly, with the consent of their manager, refuse her admittance to the UK. There's only an outside chance that this would happen, but it could and does, and it's something you both need to consider.

[Jim walker]

The Irish visit is an easy one ferry to Belfast them just drive down to Dublin or whatever my Mrs and me often go to Dublin for a week we once flew over and at imagration the guy was very nice said we should have applied for a visa first them just took her picture and stamped a visa in her passport for 1 week very nice and helpful southern Ireland immigration

[luxoretired]

Beware ..! what your doing is risky ! if you ask 5 weeks and stay 5 months the next application you may well have a problem .as for Schengen visa , if she is Thai she has to apply in Bangkok . thats it . although the regulations laid down by the European Commission could seem to be helpfull I would be more than astounded if any EU Schengen state issues you a Visa in London . Even a small change to a valid Visa is in practice impossible .for the Schengen Visa you need to apply to your main country of interest , not at all necessarily the first entry .you can get a schengen visa in Bangkok in about 3 days with some luck but take care with what is asked and actually required . your UK visa is a giant bonus point .As previous post says , UK has a reciprocal arrangement with The Republic .

[Donutz]

As ToG pointee out, she should apply in her country of residence or nationality. Applying from Thailand when you depart in 10 days from now is rather short. They can take up to 15 calendar days to process an application and up to 30 or 60 days when the application is incomplete or forwarded to the central authorities for more detailed processing. So you seem short on time for many if not most Schengen embassies, but perhaps the Hungaria s have a quick turnaround time.

Even if you would get the visa, expect it to be single entry. Multiple entry visas (MEV) often require a few previous visas or a travel plan that shows the need for a MEV. So it may just be a single trip to the mainland the first time around.

Not much options here this time. For future trips you may wish to plan ahead, both for the UK visa (for reaaons pointer out by ToG) and Schengen visas. If you were married or are married in the near future, this would make getting a Schengen visa for the Thai spouse of a UK national much easier. Freedom of Movement would apply, the visa would be issued for free, ASAP and with minimal paperwork. Application could also be done in the UK or (though not advisable unless you have no real choice) at the border. More info in the Schengen sticky topic.

I hope I don't sound grumphy but I fear that for this UK trip you have little options and better try next time, starting preparations more early on. Best of luck!

[Donutz]

Assuming that even the Hungarian embassy in Bangkok can't help you with processing a visa request, there are still some other options.

Given the position you are in I'd would:

- Contact the Hungarians in BKK if they are able to process a visa request. If they can, expect it to be a single entry visa but feel free to ask for mulitple entry as you are considering trips to Germany and France. Those countries cannot be your main objective though or the Hungarians will tell you to apply there. The French and Germans almost certainly won't be able to help you in a single week.. If you do get a visa from the Hungarians you can atleast have a short, most likely single trip, to there from the UK. If time (visa validity, how many days to the Hungarians give you) allows you could visit Germany or France aswell on the same visa before returning to the UK. If the supply a MEV you could even return to Schengen nations a second time, ofcourse untill the visa validity runs out.

- Failing that, go to the UK and see if the Hungarian embassy in the UK wants to help out (as described above). They would have no obligation to do so, as it ain't exactly an emergency and can simply tell you (your girlfriend that is, she's the applicant) to better plan ahead next time and apply from Thailand. But perhaps they are willing to service you if you are lucky and ask nicely ("My girlfriend is with me in the UK right now, we saw this tourist ad about Budapest and we'd really love to go there for a short trip, now I'm aware that blalbabla but I hope you are willing to help us out so we can visit your lovely country").

- Failing that aswell, perhaps you could consider a trip to the Netherlands. The Dutch do see stable, exclusive relations as being akin to marriage and may be willing to process you under the Freedom of Movement rules if you can provide evidence of such a relationship (co-habitation or other evidence of such a long lasting, exclusive relationship). They could then issue you with a free Schengen visa. Now the Dutch are usually a friendly bunch -though there may be some bias here, being a Dutchy myself 555- they probably would have prefered that you planned ahead and applied from Thailand. May be worth a try though if you really wish to to the mainland and are out of other options

For future trips ofcourse you'd need to plan ahead, then apply for the proper visas and do so well in advance. It should save you a lot of hassle and uncertainty. I'd apply for a UK visa first, indicating the wish for a longer stay there and brief visits to the mainland, then apply for a Schengen visa according to your plan. If you'd plan to go to Hungary, Germany and France again you'd need to apply at the country that it your main objective, though if you are going to want to go back and forth bewteen the UK and mainland a few times, you'd need to go to the embassy of the first country you want to visit. They may or may not issue an MEV. For details on how to apply for a Schengen visa there is the Schengen sticky: http://www.thaivisa.com/forum/topic/724180-schengen-visa-faq-when-applying-from-thailand/

I think that covers all for now, I'll add more if anything comes to mind or simply ask for more information.

Edit: It's best to step in this expecting to gain nothing at all seeing as the situation you are in, and count your blessings if any embassy does accept an appllication and processes it in time. Nothing ventured, nothing gained but don't get your hopes up! Enjoy your trip to Europea (UK) regardless!!

Edited April 30, 2016 by Donutz

[mickmac]

The Irish visit is an easy one ferry to Belfast them just drive down to Dublin or whatever my Mrs and me often go to Dublin for a week we once flew over and at imagration the guy was very nice said we should have applied for a visa first them just took her picture and stamped a visa in her passport for 1 week very nice and helpful southern Ireland immigration

Nowadays if she has a UK visa, then she can legally visit Ireland using that visa.

[TBWG]

Have had same issues with my wife whilst on a tourist visa as you are now experiencing

In the end went to Turkey and Northern Cyprus which do not require Thai visitors to have visas.

Would not have been my first choice for a holiday, but in both instances had a really good time and reasonable price. One holiday on a Gulet (boat) down the Turkish coast was excellent.

Hope this helps.

TBWG

[theoldgit]

Nonsense post removed as well as a measured response, sorry Donutz.

People come here for meanful advice, if you have some to offer then it's always appreciated.

[StaffsShot]

I didn't know Irish Republic had a reciprocal arrangement with the UK regarding visas. Obviously there's no border check driving between the two, but that doesn't mean to say that without a visa she's technically illegally there. When did that arrangement come in ?

Regarding Hungary last Autumn I asked immigration at Budapest airport if my Thai wife, on a current spouse visa initial leave to remain in UK could accompany me there under freedom of movement, they said no, she would need a visa.

I'm sure the op is aware UK and Ireland are not part of the schengen visa and you apply for that visa before you travel to the first country you arrive at, example visiting Germany, France Holland then you apply for your schengen visa through the German embassy in Thailand.

[Donutz]

Regarding Hungary last Autumn I asked immigration at Budapest airport if my Thai wife, on a current spouse visa initial leave to remain in UK could accompany me there under freedom of movement, they said no, she would need a visa.

That's not entirely correct but it is the best/prefered way to go: apply for a free visa in advance from any Hungarian embassy (if ofcourse Hungary is your destination and you're going there with your Thai spouse). However if you arrive at the Hungarian border without visa for your wife, and you can manage to proof this marriage (read: show a marriage certificate, possible translated into a language they can read and possibly legalized by the -Thai MoFA- authorities to so they can confirm it's a legit paper) then they must issue a visa on the spot. If you got passed the border without visa (parachuting down into the country, crawling over roofs) the same would apply, technically your wife will be legal IF you can show the before mentioned to the authorities. I wouldn't expect them to be amused though... Best to get a visa in advance, if all fails then get it done at the border if you manage to get there (an airliner won't usually let you board, fearing heavy fines). If you take the sky dive option.. take a load of asprines for the many headaches ahead sorting things out.

I'm sure the op is aware UK and Ireland are not part of the schengen visa and you apply for that visa before you travel to the first country you arrive at, example visiting Germany, France Holland then you apply for your schengen visa through the German embassy in Thailand.

You can enter the Schengen area via any member state, but the country that issued the visa must be the main objective of the (first) trip. So if you say Hungary is your main destination, you could enter via say Germany and travel onwards to Hungary. Ofcourse the further you are away from the main destination the more questions you may get. I'd expect a lot of questions if you have a Greek visa and enter the Schengen area via Norway, especially if you have no flight scheduled to Greece. They could argue that you have no intention to go to Greece at all and thus have no genuine intentions, possible refusing entry.

One would need to apply from the visa from any country were the applicant has legal residence, this could be the country of nationality but also a country where the alien has a residence status. Incase of applying under Freedom of Movement (EU national with Thai national, traveling to any EU/EEA nation other then their own), you could apply from any relevant embassy in the world.

[mgb]

I didn't know Irish Republic had a reciprocal arrangement with the UK regarding visas. Obviously there's no border check driving between the two, but that doesn't mean to say that without a visa she's technically illegally there. When did that arrangement come in ?

For Ireland:

http://www.inis.gov.ie/en/INIS/Pages/Irish+Short+Stay+Visa+Waiver+Programme

As far as I know the reciprocal arrangement is only for citizen of China and India.

Edited April 30, 2016 by mgb

[luxoretired]

Thai can enter Republic on visa waiver subject to conditions , its valid to end Oct2016.

[sandyf]

You can apply in the UK, I know some that have tried with mixed results. This is how it is worded in the handbook.

"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."

This is an example from the handbook.

"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."

It is a fine line and the wording of the justification would be extremely important. A lot will depend on how you propose to explain why the applicant decided to remain in Europe longer than originally planned.

I think you have missed the boat with Bangkok. The best bet would be the German embassy but I do not know if they do emergency appointments. With them the decision is taken at the appointment and passport back by EMS in 2/3 days.

In view of the plan to extend the duration of the trip, it may be worthwhile delaying departure a week or so. Airline charges vary but even at a couple of hundred it may be worth while, would certainly be on safer ground in Bangkok.

[sandyf]

I didn't know Irish Republic had a reciprocal arrangement with the UK regarding visas. Obviously there's no border check driving between the two, but that doesn't mean to say that without a visa she's technically illegally there. When did that arrangement come in ?

Regarding Hungary last Autumn I asked immigration at Budapest airport if my Thai wife, on a current spouse visa initial leave to remain in UK could accompany me there under freedom of movement, they said no, she would need a visa.

I'm sure the op is aware UK and Ireland are not part of the schengen visa and you apply for that visa before you travel to the first country you arrive at, example visiting Germany, France Holland then you apply for your schengen visa through the German embassy in Thailand.

As far as I am aware it is not a reciprocal arrangement, the Irish would accept the UK visa but the UK do not accept the Irish visa. I thought it was only temporary arrangement but it could still be in place.

A few years back my mates wife was picked up leaving the republic and banned from ever returning. They had been visiting family in Belfast and had gone down to Dublin for the day.

[StaffsShot]

I didn't know Irish Republic had a reciprocal arrangement with the UK regarding visas. Obviously there's no border check driving between the two, but that doesn't mean to say that without a visa she's technically illegally there. When did that arrangement come in ?

For Ireland:

http://www.inis.gov.ie/en/INIS/Pages/Irish+Short+Stay+Visa+Waiver+Programme

As far as I know the reciprocal arrangement is only for citizen of China and India.

hj

Thanks for that info, interesting to know for future use. The Mrs will enjoy a summer trip to Kerry and Dublin.

I expect after October 2016 the visa arrangement will be renewed.

Thanks also to Donutz, excellent link to Schengen info