grankboy Posted June 14, 2016 Share Posted June 14, 2016 Hello, I have a British passport and married to a Thai been together about 4 years, we lived in the UK for about 2 years, her UK visa has finished now. I want to visit my brother in Spain for a couple of weeks and then travel to Germany for a holiday is it a straight forward process getting a Schengen Visa for her ? Thanks Link to comment Share on other sites More sharing options...
manfredtillmann Posted June 14, 2016 Share Posted June 14, 2016 given the upcoming 'brexit' vote i don't think anyone can tell you what will happen to the schengen agreement. getting a schengen visa from the germans for my thai girlfriend - i am australian now - was anything but straight forward. despite 'buergschaftserklaerung' (a financial guarantee) from my brother in law and fulfilling all listed requirements including business class return ticket, full insurance, financial statements etc. they (thai staff at the german embassy) made her jump through a lot of hoops, she had to fly back home to get more papers, such as her divorce stuff, birth certificates of the children - who were not to travel with us! it cost us a lot of time and a fair chunk of money. all i can advise is be prepared for absolutely everything. Link to comment Share on other sites More sharing options...
Popular Post theoldgit Posted June 14, 2016 Popular Post Share Posted June 14, 2016 Even if the brexit vote goes with the UK leaving the EU it's going to take a couple of years before there are any changes, so I wouldn't worry about that at the moment. Yes the Schengen visa should be fairly straightforward, the fact that your wife no longer has a UK visa is irrelevant, as it seems you don't intend visiting there. Your wife should apply for a visa for the Schengen Area destination where she intends spending the most time, if she intends spending the same time in each, ie there's no main destination, then she should apply at the Consulate with jurisdiction for the country in which she enters Schengen. As you are married the application should be quite straightforward, as she's the wife of an EU National the visa should be issued free, and she shouldn't need to provide evidence of accommodation, funds, insurance and travel, just evidence that she's your wife and you're an EU National. That said some consulates don't comply with the rules in their entirety, I understand the Spanish don't, or at least have put obstacles in place, I don't know about the Germans, I'm sure some members who have come across these hurdles will pass on their experiences. She could apply for a regular Schengen Visa but she would have to supply all the evidence and pay for the application. You might want to have a read of the helpful pinned topic that member Donutz put together. http://www.thaivisa.com/forum/topic/724180-schengen-visa-faq-when-applying-from-thailand/ 3 Link to comment Share on other sites More sharing options...
Jip99 Posted June 14, 2016 Share Posted June 14, 2016 given the upcoming 'brexit' vote i don't think anyone can tell you what will happen to the schengen agreement. getting a schengen visa from the germans for my thai girlfriend - i am australian now - was anything but straight forward. despite 'buergschaftserklaerung' (a financial guarantee) from my brother in law and fulfilling all listed requirements including business class return ticket, full insurance, financial statements etc. they (thai staff at the german embassy) made her jump through a lot of hoops, she had to fly back home to get more papers, such as her divorce stuff, birth certificates of the children - who were not to travel with us! it cost us a lot of time and a fair chunk of money. all i can advise is be prepared for absolutely everything. I had the same nightmare earlier this year getting a Schengen visa for Italy. Far more difficult, cumbersome and disorganised compared to getting a UK visa. Link to comment Share on other sites More sharing options...
grankboy Posted June 14, 2016 Author Share Posted June 14, 2016 What extra stuff did they ask for jip99 Link to comment Share on other sites More sharing options...
Jip99 Posted June 14, 2016 Share Posted June 14, 2016 What extra stuff did they ask for jip99 It wasn't so much extra stuff as the 'system'.I speak as someone who has obtained 4 UK visas for my GF and over 20 for others. I was aware that my GF could apply direct at the Italian embassy OR apply via VFS. At the embassy she was turned away - twice. At VFS they would not accept me as sponsor (because we were not married) and she was told that she had to show money in the bank to cover her time in Italy. A joke - I had booked a 4 day trip to Rome so she needed to show less than EUR 100. The hotel booking wasn't accepted because her name wasn't on it. etc, etc. They said they wanted evidence that she would be likely to return to Thailand - I said no they didn't as we had return flights to London and the UK visa had already been granted on the basis of the UK authorities being satisfied on that point. You cannot pre-book appointments at VFS (as you can for the UK). she arrived at 11.00 am and was given queue number 172 - they were serving number 58. She was eventually seen early in the evening and well past normal closing time. The application was rejected and we made some alterations to the application - the manager was actually quite helpful and he took my complaint phone call. Although there was no booking system it seems that queue tickets were handed out from 5.00 am in the morning. I finished up paying the premium service fee on day 2 as that was the only way the manager could guarantee processing her that day (and we had flights booked for that afternoon), 1 Link to comment Share on other sites More sharing options...
7by7 Posted June 14, 2016 Share Posted June 14, 2016 grankboy,The EEA freedom of movement treaty rights extend to all EEA nationals and their qualifying non EEA national family members.A wife is a qualifying family member, a girlfriend is not. Although girlfriends can qualify as a family member if they meet the requirements for an unmarried partner. These requirements vary from member state to member state. For example the UK requirement is living together in a relationship akin to marriage for at least 2 years; I don't know what the Italian ones are. Whatever they are, no visa section will take an applicant and sponsor's word for it; proof would have been required.As your wife is the spouse of, and travelling with, an EU national (you) she is definitely a qualifying family member and so should obtain her visa for free and with minimal evidence, as theoldgit says, and should not experience any of the difficulties experienced by Jipp99 and manfredtillmann where, for both, the applicant was a girlfriend, not spouse, and at least one of them is not an EU national.Although, as theoldgit says, the Spanish can be difficult; despite their requirements being against the treaty and therefore illegal! 1 Link to comment Share on other sites More sharing options...
grankboy Posted June 14, 2016 Author Share Posted June 14, 2016 So what's the easiest EU country to get. Schengen visa for, anyone know. Seems bring married is the major part of getting it done with little problems. Link to comment Share on other sites More sharing options...
7by7 Posted June 14, 2016 Share Posted June 14, 2016 As my wife has held a British passport for many years, we've no recent experience ourselves.But from what others have posted elsewhere, The Netherlands, France, Italy seem simple in most cases where the applicant is a qualifying family member of an EEA national.Spain isn't too difficult, except, as Donutz says here they (Spain) also illegally insist of "proof of registration of the marriage in the EU citizens home country" (see The Old Git's reply a few posts up). Plus that the Spaniards aren't keen on direct applications, trying to make people bugger of to VFS (less competent, costs a servce fee) dispite the VFS site correctly saying that they are optional (by the rules one has right of direct access to the embassy without VFS or other third party). However, strictly speaking you should apply to the country which is your main destination, or if touring the country via which you will enter the Schengen area.Though once issued, a Schengen visa is valid for all member states, and people's plans can and do change. 1 Link to comment Share on other sites More sharing options...
Donutz Posted June 14, 2016 Share Posted June 14, 2016 (edited) I assume Grankboy has a good idea where to get started if working with the information provided by GoG en 7by7 in this topic. What extra stuff did they ask for jip99 It wasn't so much extra stuff as the 'system'.I speak as someone who has obtained 4 UK visas for my GF and over 20 for others. I was aware that my GF could apply direct at the Italian embassy OR apply via VFS. At the embassy she was turned away - twice. At VFS they would not accept me as sponsor (because we were not married) and she was told that she had to show money in the bank to cover her time in Italy. A joke - I had booked a 4 day trip to Rome so she needed to show less than EUR 100. The hotel booking wasn't accepted because her name wasn't on it. etc, etc. They said they wanted evidence that she would be likely to return to Thailand - I said no they didn't as we had return flights to London and the UK visa had already been granted on the basis of the UK authorities being satisfied on that point. You cannot pre-book appointments at VFS (as you can for the UK). she arrived at 11.00 am and was given queue number 172 - they were serving number 58. She was eventually seen early in the evening and well past normal closing time. The application was rejected and we made some alterations to the application - the manager was actually quite helpful and he took my complaint phone call. Although there was no booking system it seems that queue tickets were handed out from 5.00 am in the morning. I finished up paying the premium service fee on day 2 as that was the only way the manager could guarantee processing her that day (and we had flights booked for that afternoon), Mind that direct access does not mean instant access. The Italian embassy has instructions on how to apply for a direct application (by appointment!) on their website. If she just showed up at the gate your girlfriend was rightfully refused. If she made an appointment as per the instructions (which should be granted within 2 weeks), and then was refused, the Italians would obviously be wrong. In that case I'd send a complaint and forward any response to the EU Commission (via EU Home Affairs). If embassies neglected to properly apply the (visa) rules, there is every reason to complain. One complaint may not change a thing, but if lots of complaints together will get noticed eventually and things could change. If it's not the Italians themselves (be it the embassy or their supervisors back in Italy) then the EU might slap them on the wrist for continuesly ignoring the guidelines, rules etc. Who rejected the application? VFS can't reject the application, they will need to forward it to the embassy. VFS may suggest that some papers are either missing or not needed and they could be right, but they are also wrong at times. VFS staff has a good chanche of messing up when it concerns a more rare type of application (say a Thai person heading onwards to the UK after the Schengen trip, and then VFS insisting on a return ticket from the Schengen area to BKK... ). If they do mess up, complain to the embassy. The embassy may update the checklists, so that VFS "let's thick boxes on this chcklist" staff may do a better job next time... Edited June 14, 2016 by Donutz Link to comment Share on other sites More sharing options...
mgb Posted June 14, 2016 Share Posted June 14, 2016 However, strictly speaking you should apply to the country which is your main destination, or if touring the country via which you will enter the Schengen area. No, that is tourist visa thinking. The family member of a eu citizen should apply to the country of the first entry to the schengen area. Link to comment Share on other sites More sharing options...
sometimewoodworker Posted June 15, 2016 Share Posted June 15, 2016 So what's the easiest EU country to get. Schengen visa for, anyone know. Seems bring married is the major part of getting it done with little problems. Though we didn't apply in Thailand (we are in Japan) and the Norwegian embassy didn't seem to know that the visa is free, no hotels or insurance needed ours was fast and, when the facts were pointed out, free as it should be 1 Link to comment Share on other sites More sharing options...
steveyinasia Posted June 15, 2016 Share Posted June 15, 2016 given the upcoming 'brexit' vote i don't think anyone can tell you what will happen to the schengen agreement. getting a schengen visa from the germans for my thai girlfriend - i am australian now - was anything but straight forward. despite 'buergschaftserklaerung' (a financial guarantee) from my brother in law and fulfilling all listed requirements including business class return ticket, full insurance, financial statements etc. they (thai staff at the german embassy) made her jump through a lot of hoops, she had to fly back home to get more papers, such as her divorce stuff, birth certificates of the children - who were not to travel with us! it cost us a lot of time and a fair chunk of money. all i can advise is be prepared for absolutely everything. I had the same nightmare earlier this year getting a Schengen visa for Italy. Far more difficult, cumbersome and disorganised compared to getting a UK visa. Strange, my GF and I went to Rome and Scilly last year and she applied at the Italian embassy in BKK without me being there. WE had no problem, she applied for a 7 days visa and got exactly that. Next time we will apply for more time as it made the trip quite short. We were only staying in Rome 2 days and then onto a friends house in Scilly so there was minimal accommodation. 1 Link to comment Share on other sites More sharing options...
Emster23 Posted June 15, 2016 Share Posted June 15, 2016 What a hassle. Being American (non EU in spite of many Thais thinking US is part of Europe) and wanting to take Thai gf to visit friends in Hungary.... OMG. 30k worth of health insurance? among other things. Looked at it and said "screw it. We'll go somewhere else." Link to comment Share on other sites More sharing options...
Jip99 Posted June 15, 2016 Share Posted June 15, 2016 What a hassle. Being American (non EU in spite of many Thais thinking US is part of Europe) and wanting to take Thai gf to visit friends in Hungary.... OMG. 30k worth of health insurance? among other things. Looked at it and said "screw it. We'll go somewhere else." The EUR 30k cover is not expensive for a Thai (depending on the length of stay) and you would be wise to have travel/medical insurance anyway. 1 Link to comment Share on other sites More sharing options...
goatfarmer Posted June 15, 2016 Share Posted June 15, 2016 Even if the brexit vote goes with the UK leaving the EU it's going to take a couple of years before there are any changes, so I wouldn't worry about that at the moment. Yes the Schengen visa should be fairly straightforward, the fact that your wife no longer has a UK visa is irrelevant, as it seems you don't intend visiting there. Your wife should apply for a visa for the Schengen Area destination where she intends spending the most time, if she intends spending the same time in each, ie there's no main destination, then she should apply at the Consulate with jurisdiction for the country in which she enters Schengen. As you are married the application should be quite straightforward, as she's the wife of an EU National the visa should be issued free, and she shouldn't need to provide evidence of accommodation, funds, insurance and travel, just evidence that she's your wife and you're an EU National. That said some consulates don't comply with the rules in their entirety, I understand the Spanish don't, or at least have put obstacles in place, I don't know about the Germans, I'm sure some members who have come across these hurdles will pass on their experiences. She could apply for a regular Schengen Visa but she would have to supply all the evidence and pay for the application. You might want to have a read of the helpful pinned topic that member Donutz put together. http://www.thaivisa.com/forum/topic/724180-schengen-visa-faq-when-applying-from-thailand/ "As you are married the application should be quite straightforward, as she's the wife of an EU National the visa should be issued free, and she shouldn't need to provide evidence of accommodation, funds, insurance and travel, just evidence that she's your wife and you're an EU National." ... and that you're traveling together or meeting there. Link to comment Share on other sites More sharing options...
Donutz Posted June 15, 2016 Share Posted June 15, 2016 However, strictly speaking you should apply to the country which is your main destination, or if touring the country via which you will enter the Schengen area.No, that is tourist visa thinking.The family member of a eu citizen should apply to the country of the first entry to the schengen area. Where the freedom of movement directive provides to explicit instructions the general rules of the visa rules ( in this case the Schengen Code on Visa) applies. This means that you must apply to the country that is your main destination. If there is no main destination you apply at the country of first entry. Ofcourse plans can change... And those who meet the requirements set out in the directive are still legal aliens/visitors even if the visa would expire. 1 Link to comment Share on other sites More sharing options...
Hans12345 Posted June 15, 2016 Share Posted June 15, 2016 What a hassle. Being American (non EU in spite of many Thais thinking US is part of Europe) and wanting to take Thai gf to visit friends in Hungary.... OMG. 30k worth of health insurance? among other things. Looked at it and said "screw it. We'll go somewhere else." I had my girlfriend 5 weeks to holland the travel insurance was 3 euro a day. Link to comment Share on other sites More sharing options...
beano2274 Posted June 15, 2016 Share Posted June 15, 2016 Tried the German Embassy to get my MIL here for a holiday using my Freedom of Movement (UK Citizen) was accepted, processed and was free. 1 Link to comment Share on other sites More sharing options...
eastendanto Posted June 15, 2016 Share Posted June 15, 2016 If my wife (Thai) applies for Schengen visa say for France and I presume she should apply to the French embassy here in the UK (where we live), advising that we are travelling to France for a long weekend or similar, can we request a 12 month visa due to our intention to visit France more than once during the 12 month period, as well as possibly travelling to other european countries under the Schengen agreement? Or is it a matter of applying each time we want to travel to a country under the Schengen agreement? Tks Link to comment Share on other sites More sharing options...
Donutz Posted June 15, 2016 Share Posted June 15, 2016 (edited) "If my wife (Thai) applies for Schengen visa say for France and I presume she should apply to the French embassy here in the UK (where we live)," Indeed, the French embassy in London would be the place to go (though if you happen to be in BKK or any other place in the world you could apply via the nearest French embassy or embassy that represents France in visa matters). "can we request a 12 month visa due to our intention to visit France more than once during the 12 month period, as well as possibly travelling to other european countries under the Schengen agreement?" You could, but most if not all Schengen embassies are not too keen on issueing Mulitple Entry visas (MEV). No harm in asking though, I'd add a short explination in an accompanying letter. And you might get Lucky if you'd include some sort of more concrete paperwork that shows future holiday plans. "Or is it a matter of applying each time we want to travel to a country under the Schengen agreement? " They could, though embassies are adviced to issue MEV if the alien has had mulitple previous visa's or clear indication that there will be mulitple travels (entries and exits across the Schengen external border). Saving the embassy and applicant time and money when it's Obvious that the alien is a trusted traveler. Some embassies seem to have a phobia against issueing MEV though. In the new Schengen rules that have been drafted (2014) -but not yet passed- MEV would become a right, issued automatically after X visits in a certain amount of time. Edit: visa statistics may give a idea on how flexible, easy going or phobic embassies are: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm#stats Download the excel files, look up the tab concerning global statics, and look up the embassy and nation you are interested in (such as UK, French embassy, London). One column concerns % of MEV issued. Edited June 15, 2016 by Donutz 1 Link to comment Share on other sites More sharing options...
Tigger01 Posted June 15, 2016 Share Posted June 15, 2016 Although I agree with 7by7 that you should be able to travel as a spouse of an EU citizen, when I applied last year for a Schengen visa to visit France, the embassy insisted that I had a ferry (or other travel) booked as well as accommodation. I booked both and presented the evidence and then cancelled the hotel!! Also I did ask for a longer visa as I intended to visit Spain later that year, they did give me a visa for about 9 months I think so worth asking for a longer period if you intend to travel to another Schengen area. 1 Link to comment Share on other sites More sharing options...
Popular Post Donutz Posted June 15, 2016 Popular Post Share Posted June 15, 2016 Although I agree with 7by7 that you should be able to travel as a spouse of an EU citizen, when I applied last year for a Schengen visa to visit France, the embassy insisted that I had a ferry (or other travel) booked as well as accommodation. I booked both and presented the evidence and then cancelled the hotel!! Also I did ask for a longer visa as I intended to visit Spain later that year, they did give me a visa for about 9 months I think so worth asking for a longer period if you intend to travel to another Schengen area. The French and many embassies ask for such things, even though technically they cannot demand it. Questions regarding proof of travel, accmodation and such are marked with an * on the application form and need not be answered. However they do need to be convinced that the alien joins or accompanies the EU/EEA/CH national. A written statement from the EU national should be sufficient but some officials jsut love paper and red tape too much and rather have some sort of resevation for transport and/or accomodation. Never mind that these can easily be cancelled so they are just as much worth(less) as a statement by the EU national that the Thai spouse will be traveling with the EU national. But if you have such reservation or bokoing already or can easily get one at no cost, I'd just include them for the sake of saving arguments with the staff. From the Schengen FAQ topic: 3.6. Supporting documents In order to prove that the applicant has the right to be issued with an entry visa under the Directive, he must establish that he is a beneficiary of the Directive. This is done by: presenting documents relevant for the purposes of the three questions referred to above, i.e. proving that: - There is an EU citizen from whom the visa applicant can derive any rights; the visa applicant is a family member (e.g. a marriage certificate, birth certificate, proof of dependency, serious health grounds, durability of partnerships ) and - his identity (passport); - and the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU citizen already resides in the host Member State or a confirmation that the EU citizen will travel to the host Member State). It is an established principle of EU law in the area of free movement that visa applicants have the right of choice of the documentary evidence by which they wish to prove that they are covered by the Directive (i.e. of the family link, dependency ). Member States may, however, ask for specific documents (e.g. a marriage certificate as the means of proving the existence of marriage), but should not refuse other means of proof. For further information in relation to the documentation, see Commission Communication COM (2009) 313 final22. 3.7. Burden of proof The burden of proof applicable in the framework of the visa application under the Directive is twofold: Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He must be able to provide documentary evidence foreseen above as he must be able to present evidence to support his claim. If he fails to provide such evidence, the consulate can conclude that the applicant is not entitled to the specific treatment under the Directive. Additional documents may not be required regarding the purpose of travel and means of subsistence (e.g. proof of accommodation, proof of cost of travelling), which is reflected in the exemption for family members of EU citizens from filling in the following fields of the visa application form: Field 19: "current occupation"; Field 20:"employer and employer's address and telephone number. For students, name and address of educational establishment"; Field 31: "surname and first name of the inviting person(s) in the Member State(s). If not applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s); Field 32: "Name and address of inviting company/organisation"; Field 33: "Cost of travelling and living during the applicant's stay". A Member State may require that the relevant documents are translated, notarised or legalised where the original document is drawn up in a language that is not understood by the authorities of the Member State concerned or if there are doubts as to the authenticity of the document. You could ofcourse indicate that you are very much aware of how the procedure should work, writing a letter such as " Dear embassy, I am a UK national and I am taking my Thai spouse on a holiday to your country. We plan to travel there on ... and spent ... weeks there. Though as the Schenge application form and Freedom of Movement directive indicate we need not to submit any evidence of travel or hotel bookings but for your satisfaction we included them regardless. Blababla" Downsight: if people obligate without ever raising a comlpaint (or feedback if you will) to the embassy or EU, then those who cannot provide such paperwork may find themselves in an agument with the embassy staff. Even more so if going to an outsourced party (VFS, TLS) who will use a checklist and then insist on having such documents included in the application. 3 Link to comment Share on other sites More sharing options...
Donutz Posted June 15, 2016 Share Posted June 15, 2016 Some statistics from EU home affairs (can't get the table pasted into this forum ):State- Consulate - Share of MEV - Not issued rateBelgium - BANGKOK - 62,9% - 7,6%France - BANGKOK - 44,6% - 4,6%Germany - BANGKOK - 11,5% 2,3%Italy - BANGKOK - 25,3% -1,9%Netherlands - BANGKOK -99,6% -3,2%Spain BANGKOK - 1,2% - 1,1% France EDINBURGH - 5,9% - 4,5%Germany EDINBURGH 6,9% 0,3%Italy EDINBURGH 31,8% 1,2%Netherlands EDINBURGH 67,3% 2,5%Spain EDINBURGH 13,1% 0,5% Belgium LONDON 60,7% 8,0%France LONDON 32,4% 2,5%Germany LONDON 8,5% 1,9%Italy LONDON 86,5% 3,7%Netherlands LONDON 76,3% 3,5%Spain LONDON 0,7% 2,0% Netherlands MANCHESTER 81,1% Source: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm#stats --> Visa statistics for consulates, 2015 [638 KB] Link to comment Share on other sites More sharing options...
eastendanto Posted June 15, 2016 Share Posted June 15, 2016 "If my wife (Thai) applies for Schengen visa say for France and I presume she should apply to the French embassy here in the UK (where we live)," Indeed, the French embassy in London would be the place to go (though if you happen to be in BKK or any other place in the world you could apply via the nearest French embassy or embassy that represents France in visa matters). "can we request a 12 month visa due to our intention to visit France more than once during the 12 month period, as well as possibly travelling to other european countries under the Schengen agreement?" You could, but most if not all Schengen embassies are not too keen on issueing Mulitple Entry visas (MEV). No harm in asking though, I'd add a short explination in an accompanying letter. And you might get Lucky if you'd include some sort of more concrete paperwork that shows future holiday plans. "Or is it a matter of applying each time we want to travel to a country under the Schengen agreement? " They could, though embassies are adviced to issue MEV if the alien has had mulitple previous visa's or clear indication that there will be mulitple travels (entries and exits across the Schengen external border). Saving the embassy and applicant time and money when it's Obvious that the alien is a trusted traveler. Some embassies seem to have a phobia against issueing MEV though. In the new Schengen rules that have been drafted (2014) -but not yet passed- MEV would become a right, issued automatically after X visits in a certain amount of time. Edit: visa statistics may give a idea on how flexible, easy going or phobic embassies are: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm#stats Download the excel files, look up the tab concerning global statics, and look up the embassy and nation you are interested in (such as UK, French embassy, London). One column concerns % of MEV issued. Tks Donutz appreciate feedback very useful and informative.... Link to comment Share on other sites More sharing options...
ResandePohm Posted June 16, 2016 Share Posted June 16, 2016 So what's the easiest EU country to get. Schengen visa for, anyone know. Seems bring married is the major part of getting it done with little problems. Try the Swedish Embassy. Sweden treats cohabiting couples the same as married couples. Just need to prove that you are indeed cohabiting Link to comment Share on other sites More sharing options...
grankboy Posted June 16, 2016 Author Share Posted June 16, 2016 Thanks for all the comments it's a great help. Link to comment Share on other sites More sharing options...
mgb Posted June 16, 2016 Share Posted June 16, 2016 Where the freedom of movement directive provides to explicit instructions the general rules of the visa rules ( in this case the Schengen Code on Visa) applies. This means that you must apply to the country that is your main destination. If there is no main destination you apply at the country of first entry. Due to article 5 number 2 of the directive the family member of a eu citizen need only a entry visa and not a visa for staying. Therefore the country of the first entry in the schengen area is responsible for the entry visa. The right of staying for 3 month is defined in article 6 number 1 and 2 without any formalities except the requirement to hold a valid passport and aditionally for the family member to accompany or join the EU citizen. Despite that it is easier to prove the right of staying with a visa for the family member. Link to comment Share on other sites More sharing options...
7by7 Posted June 16, 2016 Share Posted June 16, 2016 So what's the easiest EU country to get. Schengen visa for, anyone know. Seems bring married is the major part of getting it done with little problems. Try the Swedish Embassy. Sweden treats cohabiting couples the same as married couples. Just need to prove that you are indeed cohabiting The EEA regulations treat cohabiting couples the same as married ones; although the period of cohabitation before they are treated so is up to each member state. For the UK, which while not a Schengen state is a member of the EEA so the regulations apply, it's a minimum of two years prior to the application; do you know how long for Sweden? Of course, married or not the freedom of movement regulations, and therefore simplified application requirements, only apply if one of the partners is an EEA national and the non EEA national partner is travelling with or to join them. Link to comment Share on other sites More sharing options...
Donutz Posted June 16, 2016 Share Posted June 16, 2016 (edited) Where the freedom of movement directive provides to explicit instructions the general rules of the visa rules ( in this case the Schengen Code on Visa) applies. This means that you must apply to the country that is your main destination. If there is no main destination you apply at the country of first entry. Due to article 5 number 2 of the directive the family member of a eu citizen need only a entry visa and not a visa for staying. Therefore the country of the first entry in the schengen area is responsible for the entry visa. The right of staying for 3 month is defined in article 6 number 1 and 2 without any formalities except the requirement to hold a valid passport and aditionally for the family member to accompany or join the EU citizen. Despite that it is easier to prove the right of staying with a visa for the family member. I agree, indeed because any stay in a member state (other then the one that the EU/EEA/CH national is a citizen of) would be legal (if meeting the demands set out in D 2004/38) anyway. Such a stay would not even count to the maximum 90 days per 180 days rules, you could even keep moving about from memberstate to memberstate indefinitely. But all that can mean long discussions with authorities (embassies). So that is why I'd apply at the country that is the main goal, especially if one might plan on asking for residence there. But if it's easier to deal with the embassy of the country you intent to enter first, that wuold work too. Even any other member state could issue the visa so any embassy would do... you just need to get to the border and show a valid visa or obtain a visa at the border* and cross it. Edit: * if you manage to proof that you meet the conditions set out in Directive 2004/38. Edited June 16, 2016 by Donutz Link to comment Share on other sites More sharing options...
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