Is there any need for a schengen visa

[kannot]

3 hours ago, thetruth revealer said:

pretty incredible eh!!!!

[7by7]

On ‎23‎/‎06‎/‎2016 at 6:34 AM, kannot said:

They have replied to my e mail stating this which I think is incorrect as the eu ruling states you dont have to be married in the husbands home country.

the reason why you can't find on the Schengen visa law the need to register the marriage is due to basic fact that if you get married in Thailand, or anywhere else in the world, butyou don't register you marriage by the law of your home country you will still be single. Which means your "thai law wife" is not your wife by the, in this case, british law and that doesnt give her the right to have any of the spouse rights when it comes to visa.

 

8 hours ago, thetruth revealer said:

Whats FACTS?

 

As various replies following kannot's original post confirm, the information he was given and quotes in that post is completely inaccurate. The reply he quoted contains no facts.

 

As is confirmed in this post

On ‎24‎/‎06‎/‎2016 at 11:39 PM, kannot said:

UPDATE from Euro Advice Centre has been sent to the Portuguese Embassy Bangkok for their comment

Dear Madam,
Marriages validly contracted everywhere in the world must in principle be accepted for the purpose of the application of the EU free movement legislation. Moreover, under Portuguese national law, marriages between non-Portuguese that are contracted abroad in compliance with the local formalities, are recognised by Portugal without further requirements (Article 50 of the Portuguese Civil Code). Link to the Portuguese text: http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?artigo_id=775A0050&nid=775&tabela=leis&pagina=1&ficha=1&nversao=#artigo
In short, the Portuguese embassy cannot charge for your visa on the grounds that your marriage is not registered in the UK (Article 5 (2) of Directive 2004/38/EC and Article 4 (2) of Portuguese Law n.º 37/2006 of 9 August 206 that transposes the Directive in Portugal).They may ask you for notarization, legalization and translation of your marriage certificate if they do not understand the original language and/or if they doubt the authenticity of the document, but they cannot request (i) that it registered in the UK or elsewhere nor (ii) for further documents, such as, proof of accommodation, sufficient resources, an invitation letter, return ticket, etc).
We hope that the above information will of assistance to you.

Further to the reply to your enquiry nr. 199692 id and following your agreement on the enquiry form your case was forwarded to SOLVIT. This is an on-line problem solving network in which EU Member States work together to solve without legal proceedings problems caused by the misapplication of EU law by public authorities.

(7by7 emphasis)

 

The email he quoted  on the 23rd June specifically states " your "thai law wife" is not your wife by the, in this case, british law." This is completely and utterly wrong.  The Foreign Marriages Act 1892 established that if a marriage is legal in the country where it took place then it is also legal in the UK. 

 

Although since amended and then replaced, the principle first established by the 1892 Act remains; if a marriage is legal in the country where it took place then it is also legal in the UK.

 

As a side issue, even though a foreign marriage may be legally recognised in the UK, if the foreign spouse wishes to settle in the UK with their British spouse then both parties must be at least 18.

 

Note that a ceremonial marriage in Thailand is not a legal marriage in Thai law, so is not recognised by the UK. To be a legal marriage in Thailand the couple must register their marriage at an ampur.