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Posted

Hello,

I'm thinking of going to Spain with a view to move there, planning to go with a friend of who has a Thai girlfriend of 4 years but not married, can she still get a Schengen visa easy by having a long term relationship with a British citizen?

I'm married so a process I understand is easy.

Thanks

Posted

For married couples (that is EU citizens and a non-EU spouse or minors) it is -in theory- easy to go to any other EU/EEA country for short or long stay (holiday and immigration respectively). Though the Spanish are notorious for violating the rules by demanding that the maritial papers are legalized and recognized by the embassy of the EU nationals home country. This is a violation of EU law since Freedom of Movement only requires a 'genuine and legally valid' marriage. They may request legalisation of documents if they need this to verify that the documents are legit and not false papers. More on this in the Schengen FAQ  near the top of this forum and in various 'Spain' topics such as:

http://www.thaivisa.com/forum/topic/936673-schengen-visa-for-spain/

 

-  http://www.thaivisa.com/forum/topic/703486-spanish-schengen-visa-new-rule/

http://www.thaivisa.com/forum/topic/713038-vfs-spanish-visa-uk/

 

(...)

 

As for unmarried couples, there is no exact rule what allows peope to appy under Freedom of Movement. The directive speaks of a relation akin to marriage but does not specify what that would be, it's up to the member states. The UK requires a 2 year relatioship, the Dutch are fine with a 'durable and exclusive relationship' (the most easiest showing 6 or more months of cohabitation) and most EU/EEA members do not acknowledge unmarried relationships at all for the purpose of immigration or short stay. 

 

I'm not sure if the Spanish do allow married couples in a relationship of various years to apply under the directive. I would say they won't but it would be best to contact the embassy and/or Spanish ministry fo foreign affairs and ask them with your (friends) case. 

 

 

 

 

 

Posted

As far as I know spain don't acknowledge a durable relationship.
The workaround is to fly via Amsterdam and get a schengen visa for the family member of a eu citizen from the Netherlands.

  • Like 1
Posted (edited)

a very good friend of mine was planning a 2 week holiday to spain with his thai wife and his young thai/english daughter...the daughter has a english and thai passport...my friend is in the legal proffesion....he tried to get a visa for his wife....they were going to stay with his brother in spain who has his own house and business in spain...after weeks of collecting info etc they were told that spain is almost impossible to get a visa and this turned out to be the case as they wanted so much info including her tax returns from her farm work on her land etc.........mean while they have applied to go to Sweden and have used a swedish friends address .....if they get the visa which is in the pipework of the swedish system in bangkok...they will land in Stockholm and then get on a plane to Malaga to start their family holiday.....its getting harder or almost impossible to go any where these days.....

 

Edited by nongsangcity
spelling
Posted

i dont understand why the relationship thing is so important?   what if she was just travelling on her own..   My gf has got 2 schengen visas in the last 2 yrs and i am a canadian. she has also got visas for canada - usa. - uk - china.

 

the most important thing does she have money in the bank?  are all hotels or other accomodations prepaid for?  and where is the return to thailand airfare?

 

other things that look good and i believe help you out, are.  has she been outside thailand and returned on the required date before.  example to the easy countrys for thais like HK singapore, japan..  and i mean for like 1 week or 10 days that would be a normal holiday.  not maxing out 30 days back to back, where it is obvious she is working.

 

good luck

  • Like 1
Posted (edited)

There are not much preconditions to fulfill for the family member of a eu citizen if the eu citizen exercise his right of free movement in the european union and is accompanied by the family member. He has simply the right to do so.

Copy of the EU passport, marriage certificate and a declaration of the eu citizen in writing that the family member will accompany him. That is it.
For a durable relationship prove for this relationship.

Edited by mgb
Posted
1 hour ago, wanderluster said:

i dont understand why the relationship thing is so important?   what if she was just travelling on her own..   My gf has got 2 schengen visas in the last 2 yrs and i am a canadian. she has also got visas for canada - usa. - uk - china.

 

the most important thing does she have money in the bank?  are all hotels or other accomodations prepaid for?  and where is the return to thailand airfare?

 

other things that look good and i believe help you out, are.  has she been outside thailand and returned on the required date before.  example to the easy countrys for thais like HK singapore, japan..  and i mean for like 1 week or 10 days that would be a normal holiday.  not maxing out 30 days back to back, where it is obvious she is working.

 

good luck

Your girlfriend has done very well to travel ....is she Thai...are these trips on business or holidays...does she have contacts in the countries she is visiting..i am just interested to know as myself with my own wife and my step son have had very little joy in getting visas etc to the UK...

  • Like 1
Posted
41 minutes ago, nongsangcity said:

Your girlfriend has done very well to travel ....is she Thai...are these trips on business or holidays...does she have contacts in the countries she is visiting..i am just interested to know as myself with my own wife and my step son have had very little joy in getting visas etc to the UK...

yes my gf is thai.  these trips are all holidays and no she does not have a real job.  in the employment section she states housewife or homemaker.  we have friends in some of the countries that we have gone to but have never mentioned that on ant application.

for the canadian visa she applied for a month multi entry and we had some trips to the states planned, 1 trip to LA and a second seperate trip to vegas.  they canadians gave her 2 1/2 yrs multi entry first try.  a week later the americans gave her a 2 yr multi entry.

 

for the uk visa, she already had a valid schenzen visa in her pp. and airfare into london hotels rms and then forward passage out of the uk.  we took the ferry over to belgium on the way to amsterdam.  we only stayed 4 days, but still needed the visa. i think it was good for 3 months.

 

the schenzen visas, both were only valid for the exact amount of days that we were staying.   I always wonder what happens if there is a flight delay, and you cant leave till the following day?   black mark overstay?

 

best of luck on your next try

  • Like 1
Posted
30 minutes ago, wanderluster said:

for the uk visa, she already had a valid schenzen visa in her pp. and airfare into london hotels rms and then forward passage out of the uk.  we took the ferry over to belgium on the way to amsterdam.  we only stayed 4 days, but still needed the visa. i think it was good for 3 months.

Indeed, she would have needed a separate UK visa as the UK is not part of the Schengen area so a Schengen visa is not valid for entry to the UK and a UK visa is not valid for entry to the Schengen area. Same for the Republic of Ireland.

 

BTW, at present if one holds a valid UK visit visa one can use that to enter the RoI as a visitor, provided one does so from the UK; but you can't do it the other way round, i.e. use an Irish visit visa to enter the UK.

 

A standard UK visit visa is valid for 6 months and multi entry; unless the entry clearance officer has valid, exceptional reasons for restricting the term and/or number of entries.

Posted
59 minutes ago, Donutz said:

 

It should not matter which EU/EEA country you go to as the Freedom of Movement directive applies to all of them. Spain should be just as easy visit or immigrate to as say the UK, Sweden or the Netherlands (aslong as it concerns a EU national and non EU going to an other country than the EU nationals country). 

 

Getting a visa under these conditions of "an EU/EEA citizen and non EU citizen traveling to an other/EEA country" you need little paperwork: proof of ID of all involved, proof of a legal marriage or familyrelation (marriage document or birth certificate). These documents may need to be translated and/or legalized (by the Thai Ministry of Foreign affairs) if the embassy needs this understand the contents of the document and verify it's all legit and not a fraudeleunt document. Third and last would be some sort of evidence that the Thai will join the EU national which could be as simple as a written and signed statment from the EU national.  Airplane ticket bookings, hotelbookings, income statements, medical travel insurance etc. are not required and infact the application forum for a Schengen visa has * indicating that these questions can be skipped.

 

All the Schengen embassies do have some info on traveling for EU/EEA/CZ nationals with non EU family. Some do a better job at this than others. Spain does a bit of a bad job and violated the EU Directive by demanding that the UK acknowledges a Thai based marriage (which the UK cannot and will not do) but they do provide some info on the free, swiftly and with minimal hassle issued visa.

 

So did your friend fail to notice that information?  A second and perhaps better source is the EU and this webpage would be a good place to start for EU nationals who wish to travel to the EU with non EU family members:

http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

 

And may I add, the sticky topic that I wrote about Schengen visas. Though truth be told it's best not to listen to a load of opinion and visions from people. Too much nonsense, hear say and outtdated information going around mouth to mouth and on forums. Best to check with official sources. Which is why I put various links in my sticky topic so that people can double check incase some parts were written poorly, misunderstood and/or may be(come) outdated. 

 

Wishing your friend much luck but there should have been no need to get the free visa via Sweden when the plan is to go to Spain. Officially they need to request the visa from the country that is their main destination. Though ofcouse aslong as the EU national and non EU family members are traveling through the EU outside the home country of the EU national they will be legal (see the freedom of movement directive for details though).

 

Edit: there was no need for you friend to tell where or who he was going to stay with (friend, family, hotel) for both Spain and Sweden. That would only apply incase of a regular Schengen visa. In which case the formalities to proof that you have private accomodation do indeed differ between Schengen members. Some only need a short form signed others may ask for more. But if he is an EU national all that does not apply. If your friend is not from the EU/EEA/CZ that would explain the headaches though. Getting a hotel would be easier I suppose... Oh and Sweden has the highest refusal rating of all Schengen members in Thailand. Mostly due to them issueing short stay visas for seasonal workers. See stats here.

EndofEdit..

 

For traveling to the EU it is important if an EU/EEA/CZ national is involved since this means relaxed rules may or may not apply. Saving you fees and various requirements which can mean the difference between getting and not getting the visa. 

 

 

You make some excellent points in this post.

 

My Thai wife failed to get a UK General Visitor visa.

We had married (February 2013) in Thailand, got everything translated and verified, police and medical reports etc.

The EEA Family member visa was then easy and free and we went to Spain end May 2013.

I am Brit but was resident, with ID, in Spain since 2004.

Once in Spain, they required that my wife had private health insurance to at least the same standard as their NHS.

Spain required all the British Consul verification work, sworn affidavits etc, expensive and time consuming (5 months).

 

We applied online from Spain (mid August) for the UK General Visitor visa but were refused because, on the balance of probabilities, she was not sufficiently attached to Spain and would overstay and need assistance from the UK!

(I made the mistake of assuming that the visa would be easily granted - WRONG!)

 

My wife had previously obtained  visas to Germany, Sweden and worked in Dubai, India Malaysia etc on her own behalf, and never over stayed.......

Now married to me and I guess that the UK think everyone wants to settle in the UK, not just visit to see family and friends.

 

You mention Freedom of movement.

I now believe that we didn't need a visa for my wife once she had her Spanish ID Card..

We should perhaps have arrived at a port and shown her Thai PP + Spanish ID and ME!

My Spanish ID number and my name is on her Spanish ID card and we would travel together.

If they said she could not enter, I should point out that I am EU first and British second.

Our centre of life is in Spain, where we jointly own property and are registered as resident, meaning that we spend more than 180 days per annum in Spain.

We holiday in Thailand now, even though my wife owns land and properties there.

My last visit to the UK was in 2010 for my daughter's wedding.

In our case, I feel that Freedom of Movement would apply and they should not regard me as British nor my wife as Thai but rather that we are Europeans?

 

Maybe next year we will try that approach but I will be sure to take the English translation of our marriage lines, + the Consular produced documents and a copy of the jointly owned deeds to our property in Spain.

We have no assets in the UK, only monthly pensions and some small savings.

I did contact Border control and ask but the reply was that it would depend upon the decision of the particular Officer of the day.....

Nothing ventured, nothing gained!
 

Could it in fact be easier if a g/f simply applied on her own behalf for a Schengan visa as another poster suggested?

If the Imm Officer sees that she is with an EU member, might that officer assume they want to stay long time?

 

From our own failed attempt at a UK visa, I now know that for a visa application to any country:-

 

You must leave no possibility of doubt in the IO's mind that she will overstay and that,

she has more than sufficient funds for the proposed stay.

Has adequate health and accident insurance.

If you can book a flight but cancel if the visa is not allowed, for sure that might help.

Showing that she is working in Thailand, a letter from her employer granting holiday is a great idea.

Has pre arranged places to stay etc.

It must be clear that she has no intention to work or study or do anything than be a tourist.

 

The really annoying thing is that applications made by some agents appear to have a much greater success rate that personal applications.....

Does money talk louder then words?

 

Good luck to the OP, it's a minefield and as has been said in this thread, the rules are constantly changing so it is vital to get the correct and up-to-date info from the Embassy or Consular Office of the country you intend to visit.

 

 

 

Posted (edited)
54 minutes ago, laislica said:

 

 

You make some excellent points in this post.

 

Thanks. :)

 

Quote

My Thai wife failed to get a UK General Visitor visa.

We had married (February 2013) in Thailand, got everything translated and verified, police and medical reports etc.

The EEA Family member visa was then easy and free and we went to Spain end May 2013.

I am Brit but was resident, with ID, in Spain since 2004.

Once in Spain, they required that my wife had private health insurance to at least the same standard as their NHS.

Spain required all the British Consul verification work, sworn affidavits etc, expensive and time consuming (5 months).

 

There should have been no need for that I think, after she got immigrant status she should be able to apply under whatever the Spanish healthcare options are. Me educated guess would be  that she could apply to the very same things that you as a Briton in Spain can apply for in Spain healthcare wise. But I know nothing about what options Spain offers when it comes to healthcare though it has "we are Spain so we can make things difficult just because we like to" written all over it. I would gladly be correct by somebody who knows more about the Spain-route though.

 

Quote

 

We applied online from Spain (mid August) for the UK General Visitor visa but were refused because, on the balance of probabilities, she was not sufficiently attached to Spain and would overstay and need assistance from the UK!

(I made the mistake of assuming that the visa would be easily granted - WRONG!)

 

My wife had previously obtained  visas to Germany, Sweden and worked in Dubai, India Malaysia etc on her own behalf, and never over stayed.......

Now married to me and I guess that the UK think everyone wants to settle in the UK, not just visit to see family and friends.

 

You mention Freedom of movement.

I now believe that we didn't need a visa for my wife once she had her Spanish ID Card..

We should perhaps have arrived at a port and shown her Thai PP + Spanish ID and ME!

My Spanish ID number and my name is on her Spanish ID card and we would travel together.

If they said she could not enter, I should point out that I am EU first and British second.

 

Sice you are a Briton living in Spain your Thai wife should be granted a "Family member of an EU national" residence card. This is a type of card that as per the Freedom of Movement directive allows visa free travel to any EU/EEA/CZ memberstates if the two of you travel together. Your wife and you together can visit the UK visa free for a holiday. I assume you are familiar with the MCcarthy#2 case which was previously discussed on this forum and all over the news in British media (many of which managed to mess up the news report as if any Briton and other EU nationals could simply go to the UK with their foreign partners without visas). 

 

Also see: https://www.freemovement.org.uk/mccarthy-and-eu-family-permits/

 

 

Quote

Our centre of life is in Spain, where we jointly own property and are registered as resident, meaning that we spend more than 180 days per annum in Spain.

We holiday in Thailand now, even though my wife owns land and properties there.

My last visit to the UK was in 2010 for my daughter's wedding.

In our case, I feel that Freedom of Movement would apply and they should not regard me as British nor my wife as Thai but rather that we are Europeans?

 

Indeed. 

 

Quote

 

Maybe next year we will try that approach but I will be sure to take the English translation of our marriage lines, + the Consular produced documents and a copy of the jointly owned deeds to our property in Spain.

We have no assets in the UK, only monthly pensions and some small savings.

I did contact Border control and ask but the reply was that it would depend upon the decision of the particular Officer of the day.....

Nothing ventured, nothing gained!
 

Are you sure you did not end up with a response from the outsourced copy/paste partner which UKVI and such now use? People like Tony and various others here including me shared silly and useles copy/paste answers or linking back to UK government webpages as an answer while the very question submitted was about unclear or incomplete information on those very same pages! 

 

If you did manage to actual reach a UK officer, even those can mess things up since that answer seems rather silly. The McCarthy case is quite clear. Your wife's residence card should be all you need. If you would add for good measure evidence of you two living in Spain (centre of life) and maritial papers (so there can be no doubt about who you are and that you are infact family by marriage) you should be all good to go. Checkin staff at the airport may however not be aware so it would still be best to ask them in advance via e-mail and take a copy of their answer if they indeed acknowledge the McCarthy ruling and that your wife has an article 10 residence card which allows visa free entry to all other EU/EEA/CZ member states including the UK. 

 

 

Quote

 

Could it in fact be easier if a g/f simply applied on her own behalf for a Schengan visa as another poster suggested?

If the Imm Officer sees that she is with an EU member, might that officer assume they want to stay long time?

 

Good luck to the OP, it's a minefield and as has been said in this thread, the rules are constantly changing so it is vital to get the correct and up-to-date info from the Embassy or Consular Office of the country you intend to visit.

Some officers may think that if a non EU national applies to visit a (un)married partner that they may plan to simply stay. Which would be silly ofcourse since being illegal is hardly much fun or easy! But failure to provide evidence of return (enough ties to Thailand) is the most popular grounds to refuse a visa or entry for many western nations. 

 

But honestly is often the best approach, if caught in a lie you are in even more trouble. The OPs friend and his girlfriend should be honest about their plans for a short holiday and provide enough evidence to try and convince the Spaniards that they won't do anything stupid such as overstaying. Do check the info from the embassy involved but also do check with other official sources since as in the case of Spain the official information from the embassy in Thailand is wrong and a violation of EU directives. So once more I point back to the EU webpages that I linked to and then try to see if the Spanish embassy will play ball or not. Try a practical approach but don't let the Spaniards screw you over either! 

Edited by Donutz
  • Like 1
Posted
1 hour ago, Donutz said:

 

<Snip>

1 hour ago, Donutz said:

 

Quote

 

Maybe next year we will try that approach but I will be sure to take the English translation of our marriage lines, + the Consular produced documents and a copy of the jointly owned deeds to our property in Spain.

We have no assets in the UK, only monthly pensions and some small savings.

I did contact Border control and ask but the reply was that it would depend upon the decision of the particular Officer of the day.....

Nothing ventured, nothing gained!
 

Are you sure you did not end up with a response from the outsourced copy/paste partner which UKVI and such now use? People like Tony and various others here including me shared silly and useles copy/paste answers or linking back to UK government webpages as an answer while the very question submitted was about unclear or incomplete information on those very same pages! 

 

If you did manage to actual reach a UK officer, even those can mess things up since that answer seems rather silly. The McCarthy case is quite clear. Your wife's residence card should be all you need. If you would add for good measure evidence of you two living in Spain (centre of life) and maritial papers (so there can be no doubt about who you are and that you are infact family by marriage) you should be all good to go. Checkin staff at the airport may however not be aware so it would still be best to ask them in advance via e-mail and take a copy of their answer if they indeed acknowledge the McCarthy ruling and that your wife has an article 10 residence card which allows visa free entry to all other EU/EEA/CZ member states including the UK. 

<Snip>

 

 

 

 

On our planned return to Spain from Thailand next year, I have arranged to be in LHR with a 12 hour wait for the connection to Madrid.

We intend to leave the airport using my wife's Spanish ID and Thai PP.

It will only be a walk about for a couple of hours or so but hopefully, enough to prove the point.

I feel much more confident about it since  learning more about Freedom of Movement and it's ramifications.

We will have lots of supporting "Centre of Life" docs with us.

Many thanks for your clarifications and support.

 

 

Posted

never had any problems myself either getting my long term GF Visa to travel to the UK... i find it laughable that Visa companies ask for 30k plus just to fill out a few forms which takes me about 1 hour via the online UK embassy site.

Note to others: she needs to have a stable job and lots of assets in Thailand, if she owns her own cars, chanotes for land, has her own business, supports some of her family members through school etc. Plus she dresses smart and knows how to hold her own, you should have no problems.... Also bank statements, you cant just dump a million baht in her account. they are not stupid.

If you have an independant business like girlfriend then you wont have any worries. If however you have a freeloader with no assets no vehicles and no dreams of her own... dont bother...

They basically want to see that they have no reason for staying in the UK and have more to gain from coming back.

When asked why are you going to the UK? my GF always replies to go SHOPPING, i want a rolex and some Coach handbags, and maybe a trip to scotland this year.
When asked has she got a sponser to support her in the UK, she replies NO and dont need one, i have enough money to fund my own travel. I will just visit my BF family like we do every year.
When asked would she ever consider staying in the UK? she will reply NO WAY! its too cold and likes Thai food more... Plus i have too many things in Thailand i need come back for.

Hope that the above facts although i know many others GFs may not be loaded with cash or assets, they may help a few of you understand more.
She just returned from her 3rd consecutive visa to UK in 3 years...

  • Like 1
Posted
On 10/9/2559 at 3:32 PM, wanderluster said:

yes my gf is thai.  these trips are all holidays and no she does not have a real job.  in the employment section she states housewife or homemaker.  we have friends in some of the countries that we have gone to but have never mentioned that on ant application.

for the canadian visa she applied for a month multi entry and we had some trips to the states planned, 1 trip to LA and a second seperate trip to vegas.  they canadians gave her 2 1/2 yrs multi entry first try.  a week later the americans gave her a 2 yr multi entry.

 

for the uk visa, she already had a valid schenzen visa in her pp. and airfare into london hotels rms and then forward passage out of the uk.  we took the ferry over to belgium on the way to amsterdam.  we only stayed 4 days, but still needed the visa. i think it was good for 3 months.

 

the schenzen visas, both were only valid for the exact amount of days that we were staying.   I always wonder what happens if there is a flight delay, and you cant leave till the following day?   black mark overstay?

 

best of luck on your next try

Thank You....

Posted
On 10/9/2559 at 3:25 PM, Donutz said:

 

It should not matter which EU/EEA country you go to as the Freedom of Movement directive applies to all of them. Spain should be just as easy visit or immigrate to as say the UK, Sweden or the Netherlands (aslong as it concerns a EU national and non EU going to an other country than the EU nationals country). 

 

Getting a visa under these conditions of "an EU/EEA citizen and non EU citizen traveling to an other/EEA country" you need little paperwork: proof of ID of all involved, proof of a legal marriage or familyrelation (marriage document or birth certificate). These documents may need to be translated and/or legalized (by the Thai Ministry of Foreign affairs) if the embassy needs this understand the contents of the document and verify it's all legit and not a fraudeleunt document. Third and last would be some sort of evidence that the Thai will join the EU national which could be as simple as a written and signed statment from the EU national.  Airplane ticket bookings, hotelbookings, income statements, medical travel insurance etc. are not required and infact the application forum for a Schengen visa has * indicating that these questions can be skipped.

 

All the Schengen embassies do have some info on traveling for EU/EEA/CZ nationals with non EU family. Some do a better job at this than others. Spain does a bit of a bad job and violated the EU Directive by demanding that the UK acknowledges a Thai based marriage (which the UK cannot and will not do) but they do provide some info on the free, swiftly and with minimal hassle issued visa.

 

So did your friend fail to notice that information?  A second and perhaps better source is the EU and this webpage would be a good place to start for EU nationals who wish to travel to the EU with non EU family members:

http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

 

And may I add, the sticky topic that I wrote about Schengen visas. Though truth be told it's best not to listen to a load of opinion and visions from people. Too much nonsense, hear say and outtdated information going around mouth to mouth and on forums. Best to check with official sources. Which is why I put various links in my sticky topic so that people can double check incase some parts were written poorly, misunderstood and/or may be(come) outdated. 

 

Wishing your friend much luck but there should have been no need to get the free visa via Sweden when the plan is to go to Spain. Officially they need to request the visa from the country that is their main destination. Though ofcouse aslong as the EU national and non EU family members are traveling through the EU outside the home country of the EU national they will be legal (see the freedom of movement directive for details though).

 

Edit: there was no need for you friend to tell where or who he was going to stay with (friend, family, hotel) for both Spain and Sweden. That would only apply incase of a regular Schengen visa. In which case the formalities to proof that you have private accomodation do indeed differ between Schengen members. Some only need a short form signed others may ask for more. But if he is an EU national all that does not apply. If your friend is not from the EU/EEA/CZ that would explain the headaches though. Getting a hotel would be easier I suppose... Oh and Sweden has the highest refusal rating of all Schengen members in Thailand. Mostly due to them issueing short stay visas for seasonal workers. See stats here.

EndofEdit..

 

For traveling to the EU it is important if an EU/EEA/CZ national is involved since this means relaxed rules may or may not apply. Saving you fees and various requirements which can mean the difference between getting and not getting the visa. 

thank you

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