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Posted

Hi, we live in the U.K, we moved back last year, when we were living in Thailand Mrs E had 3 Schengen visas, 2 for Spain and 1 for Portugal, on all these occasion we got the visa with a few days either side of the actual travel dates, the holidays were just a couple of weeks etc, is it possible to get a 6 month Schengen visa from anywhere, my folks have a place in Tenerife that we visited, hence the 2 Spanish visas, we live not a million miles away from Dover and have had various friends get a ferry across with their Thai Mrs and without a visa and have no problems but we would wish to fly to Spain and I don't want to have to plan the dates every time as we have kids that attend nursery and would just like to bugger off sometimes off the cuff!!

We haven't yet applied for a Schengen from within the U.K. so any advice etc would be welcome.

Thanks

Jimmy

Posted

From the pinned Schengen visa topic

Quote

Can I apply for a multiple entry visa?
Ofcourse you can, though the policy of issuing one is different from country to country and embassy to embassy (this may change in the future though, see here). Generally after the first or second trip to the EU you could try and apply for multiple entries. You will then get a visa that is valid for a longer period of time (2-5 years), and which allows you to stat the number of stated (generally 90) days per 180 day window. The worst that can happen would be getting a single entry visa instead because they embassy doesn't believe you need or qualify for a multiple entry visa just yet. You may wish to motivate your request for a multiple entry visa in a seperate letter.

 

As she lives in the UK, she may find it easier to obtain a multi entry one than someone who lives in Thailand.

 

Strictly speaking if travelling with you then she does not actually need a Schengen visa at all. From Travel documents for non-EU family members

Quote

Arriving at the border without an entry visa

It is always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

A marriage certificate, with a certified translation in an EEA language if you married outside the EEA, i.e. Thailand, should suffice to 'prove by other means' that she is your family member. Note, though, that unlike the UK most (all?) Schengen states will only accept translations certified by the Thai MFA. You may be able to do this at the Thai embassy or a consulate if you haven't already done so in Bangkok.

 

However, I would advise obtaining a Schengen visa in advance to avoid hassles and delays at the border and/or with carriers who may be reluctant to carry her without a visa. As with her applications in Thailand, because she is the family member of an EEA national the process should be simple, fast and free.

 

What effect Brexit will have on this for British citizens and their non EEA national family, we will have to wait and see.

Posted

The process of getting the Schengen when we lived in Thailand was never free and wasn't that quick, we still had to show tickets, insurance etc and we were married in the U.K. and with kids and it still was a ball ache and as for The Portuguese embassy that was a nightmare so......now that we live in the U.K. I was wondering is it any easier and maybe, possibly about getting a 6 month multiple one (if it exists), I'm more than happy to turn up at the airport with the Mrs, our U.K. Wedding certificate and the kids and all our passports with obviously the same
surname but will there be a problem???

Has anyone got a multiple entry Schengen visa from within the U.K.??

Thanks

Posted
1 hour ago, 7by7 said:

As with her applications in Thailand, because she is the family member of an EEA national the process should be simple, fast and free.

 

11 minutes ago, BIGJIMMY said:

The process of getting the Schengen when we lived in Thailand was never free and wasn't that quick, we still had to show tickets, insurance etc and we were married in the U.K. and with kids and it still was a ball ache and as for The Portuguese embassy that was a nightmare

 

Sorry to hear that; being the wife of an EEA national her applications in Thailand should have been processed quickly, she did not need the evidence you list, just evidence of your marriage, and they should have been free; assuming she was travelling with or to join you.

 

Still; water under the bridge now.

 

I would hope that any application she made in the UK will be processed according to the regulations.

 

16 minutes ago, BIGJIMMY said:

I'm more than happy to turn up at the airport with the Mrs, our U.K. Wedding certificate and the kids and all our passports with obviously the same
surname but will there be a problem???

 

It depends on how well the check in staff know the regulations! You may be OK, they may refer to their supervisor, they may simply refuse to board her.

 

Same with immigration at your destination; she may be OK, they may refer to their supervisor, they may simply refuse her entry.

 

Which is why the official advise is to obtain a visa.

 

19 minutes ago, BIGJIMMY said:

Has anyone got a multiple entry Schengen visa from within the U.K.??

Sorry, can't help you there as my wife got her British passport before we made our first trip to Europe together.

 

However, as Donutz says in the pinned topic, it is certainly possible.

Posted (edited)

Sad to hear that the previous visas were not issued for free, ASAP and with minimum paperwork. Some applicants may missread the information on the website regarding family members of EU/EEA nationals and some websites in the past did not mention this properly or at all. And I suppose the Schengen application form could be made more clear though, not only mentioning that such applicants could skip the * marked question but also note that no fees would apply. Even with too many documents (such as insurance, reasons for return, hotel bookings and all those things that are irrelevant for EU/EEA family member applications) atleast it could save people 60 euro's. 

 

One of the reasons that I wrote the FAQ on Schengen visas over two years ago was because of embassies giving poor information or no information at all, apparantly not being too keen (or aware!) on issueing a visa for free and with minimum paper work! 

 

To get to your question however:

Under the current rules Embassies are not obligated to give a mulitple entry visa (MEV) but the handbook does encourage to do so if there is either a need for it or if the applicant has had previous visas. A MEV visa valid for 1-5 years for regular travelers with a positive travel history after all saves both the applicant and embassy time and money.  Some embassies seem to issue MEVs more regulary than others, Spain and Portugal aren't really known to be the easies, they are one of the worst when it comes to properly applying the EU Schengen visa rules, let alone being generious.  From experiences people here and elsewhere share about the various embassies I would not be the least bit suprised if Spain would not issue  a MEV even if clearly requesting this on the form and providing additional reasons in a short letter. Chanches of the French, Dutch or Germans giving you one would be bigger if you'd allow me to guess. 

 

So you may wish to make a trip with one of these more relaxed member states as your main travel goal first. But since the visa will be issued for free, and if you have the time, you could ofcourse go for a holiday in Spain and apply at any Spanish embassy or consulate (in the world) for a free visa for EU/EEA family member and see if they give a MEV. If they don't you can file a complaint though again I don't think the Spanish would be quick to roll over and stop being **%$#& about issueing a visa without headache. 

 

----- below an overview of MEV issued in BKK by Schengen embassies: ----

EMBASSY         LOCATION              No. ISSUED   MEV % ISSUED

Austria BANGKOK 4096 28,0%
Belgium BANGKOK 3521 62,9%
Czech Republic BANGKOK 41 0,7%
Denmark BANGKOK 2460 27,8%
Finland BANGKOK 384 4,5%
France BANGKOK 18.756 44,6%
Germany BANGKOK 5642 11,5%
Greece BANGKOK 303 12,4%
Hungary BANGKOK 550 26,0%
Italy BANGKOK 8216 25,3%
Luxembourg BANGKOK 69 30,8%
Netherlands BANGKOK 10.507 99,6%
Norway BANGKOK 1.400 12,5%
Poland BANGKOK 76 5,1%
Portugal BANGKOK 578 59,5%
Slovakia BANGKOK 25 23,6%
Spain BANGKOK 160 1,2%
Sweden BANGKOK 934 9,2%
Switzerland BANGKOK 2765 10,6%

 

Source found in the Excel files at the bottom of this EU webpage with Schengen statistics and , handbooks and other information: 

http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm

 

 

Edit: as you live in the UK, I'll throw in some numbers for the embassies located in the UK. As said and as explained in the sticky, EU/EEA embassies are obligated to grand every facility  to the applicant to issue a Schengen visa (for free, with minimum hassle etc.) if the applicant can show they are covered by the Freedom of Movement directive (i.e. show a legal marriage with an EU/EEA national). This also included issueing the visa regardless if the applicant lives in the region or at the other side of the world or has or does not have any residence status (some embassies insist that only a Thai with long term residence status can apply from the UK while a short term or even illegally residing Thai could apply from the UK or any other country on the globe IF the embassy has the facilities to issue visas):

 

The MEV stats for Schengen embassies in the UK:

CONSULAT        LOCATION     CITY                            No. issued     % MEV ISSUED

Austria UNITED KINGDOM LONDON 770 24,9%
Belgium UNITED KINGDOM LONDON 4937 60,7%
Czech Republic UNITED KINGDOM LONDON 649 30,9%
Denmark UNITED KINGDOM LONDON 4495 82,4%
Estonia UNITED KINGDOM LONDON 142 77,6%
Finland UNITED KINGDOM LONDON 712 34,6%
France UNITED KINGDOM EDINBURGH 115 5,9%
France UNITED KINGDOM LONDON 26.352 32,4%
Germany UNITED KINGDOM EDINBURGH 245 6,9%
Germany UNITED KINGDOM LONDON 2088 8,5%
Greece UNITED KINGDOM LONDON 3352 46,1%
Hungary UNITED KINGDOM LONDON 279 25,0%
Italy UNITED KINGDOM EDINBURGH 453 31,8%
Italy UNITED KINGDOM LONDON 22113 86,5%
Latvia UNITED KINGDOM LONDON 319 76,9%
Lithuania UNITED KINGDOM LONDON 367 52,4%
Luxembourg UNITED KINGDOM LONDON 354 77,6%
Malta UNITED KINGDOM LONDON 492 42,7%
Netherlands UNITED KINGDOM EDINBURGH 105 67,3%
Netherlands UNITED KINGDOM LONDON 11.847 76,3%
Netherlands UNITED KINGDOM MANCHESTER 30 81,1%
Norway UNITED KINGDOM LONDON 606 24,5%
Poland UNITED KINGDOM LONDON 2812 77,7%
Portugal UNITED KINGDOM LONDON 2056 59,5%
Portugal UNITED KINGDOM MANCHESTER 409 32,9%
Slovakia UNITED KINGDOM LONDON 208 73,2%
Slovenia UNITED KINGDOM LONDON 217 96,9%
Spain UNITED KINGDOM EDINBURGH 587 13,1%
Spain UNITED KINGDOM LONDON 141 0,7%
Sweden UNITED KINGDOM LONDON 3872 83,1%
Switzerland UNITED KINGDOM LONDON 8654 79,5%
Edited by Donutz
Posted

I recently tried to get a MEV from the Spannish Embassy in Spain.  It stated clearly my Wife was applying for a MEV.  The Passport arrived back with Single Entry.  We re-submitted explaining we wanted to arrive and live in Spain, but my Daughter was getting married in Gibraltar and re-submitted.  Passport returned - single entry with no explanation.  In the end we had to fly and stay in Gib until the Wedding and then move to Spain.  The financial upshot was flights to UK then Gib and return and rent of hotel in Gib.  We actually tried to speak to the Embassy who only said, "don't worry about it they seldom check".  When we drove out of Gib to Spain, no one checked, but when we walked through (really to test the system) my Wife was stopped and advised that she had only Single Entry and could not come back in to Spain.  I found the Spanish Embassy in Bangkok, unhelpful, arrogant and deceitful.  I am not surprised their Tourist Industry is going down the drain when they do not have the good manners to advise potential visitors of their policies.  Sorry to say, but Spain is now firmly off my "to do list", there are many other more friendly and efficient Countries to visit.  Their Embassy is an appalling example of autocracy - not surprised Gibraltar does not want to be subsumed to them.

  • Like 1
Posted
16 hours ago, 7by7 said:

From the pinned Schengen visa topic

 

As she lives in the UK, she may find it easier to obtain a multi entry one than someone who lives in Thailand.

 

Strictly speaking if travelling with you then she does not actually need a Schengen visa at all. From Travel documents for non-EU family members

A marriage certificate, with a certified translation in an EEA language if you married outside the EEA, i.e. Thailand, should suffice to 'prove by other means' that she is your family member. Note, though, that unlike the UK most (all?) Schengen states will only accept translations certified by the Thai MFA. You may be able to do this at the Thai embassy or a consulate if you haven't already done so in Bangkok.

 

However, I would advise obtaining a Schengen visa in advance to avoid hassles and delays at the border and/or with carriers who may be reluctant to carry her without a visa. As with her applications in Thailand, because she is the family member of an EEA national the process should be simple, fast and free.

 

What effect Brexit will have on this for British citizens and their non EEA national family, we will have to wait and see.

I've never heard about that non-EU family member can enter Schengen without Visa together with an EU family-member – I'm not saying it's not possible, but extremely unlikely. However, I think you mistake for travelling inside the Schengen area, Britain is not member of Schengen. The text in your links says:
»

Visa exemptions

Your non-EU spouse , (grand)children or (grand)parents do not need to get a visa from the country they are travelling to if:

They have a residence permit or visa from another country in the border-free Schengen area (see list below) and the country they are travelling to belongs to that area.«(sic.)

 

As for multiple entry Schengen Visa, I had it for my Thai girlfriend, as we were going to visit Britain (non Schengen member). No problem, just to ask for it when applying for Schengen Visa. Normally a Schengen Visa is valid for 3 month, but can be locally extended for another 3 month only in the country, that has issued the Visa; i.e. you cannot travel to other Schengen countries but one. But check actual rules, something may have changed.

Posted
44 minutes ago, khunPer said:

I've never heard about that non-EU family member can enter Schengen without Visa together with an EU family-member – I'm not saying it's not possible, but extremely unlikely.

This is a misunderstanding. The officer at the border post has to issue a visa if the family member has none and can prove the relationship to the accompanied EU citizen.
The problem is to reach the border. Normally no airline let boarding a third country citizen without a visa if the destination is in the EU.

Posted

Technically the non EU family member will be legal in any other EU/EEA country if the EU/EEA national is also there (and not a burden to the state or national security risk).. I've even seen immigration lawyers argue that if for instance a German national with Thai spouse carrying a Schengen visa would not have the days outside of Germany but within the Schengen area (or anywhere else in the EU/EEA) counted against them. So a Schengen visa issued for 90 days would still be valid for 90 days if the couple only entered Germany after spending time elsewhere in the Schengen area.  But good luck trying to convince immigration officers of that.

 

As the EU webpage explains, it's best to carry a visa regardless of such a visa needing to issued at the border if you manage to reach the border and can show that there is a genuine and legal family relationship with the EU national.

 

Schengen visa's can be issued for up to 90 days and they can be extended beyond that only if there are urgent and unforseen reasons to do so. Extending a visa simply because you wish to stay longer would not be possible. However, again, a non EU national with EU family member (spouse) could simply apply for residency with few requirements and techically be legal even if the visa expired. 

 

However, I don't think any of this is very useful for the topic starter, they best get a (free) visa in advance and made explicit that they desire a MEV. However if Spain will issue it remains to be seen. Under the current rules they would not be obligated to do so, though it EU does encourage issueing MEVs. Currently new rules are and have been in the making for over 2 years now which  would obligate issieung MEVs for repeated visitors (unless there would be very evident reasons not to do so). But for now... all you can do is ask nicely, add some evidence of why you really need a MEV, hope for the best and file a complaint (much like you would object against a refusal) if the embassy can't be bothered issueing a MEV. 

 

 

Posted

Just a point. When my wife applied for a schengen visa the embassy staff were not familiar with the reduced requirements or the fact that it is free. After I pointed out those facts they went and checked with the consular officer who confirmed I was correct and the visa was issued with the minimal documents needed free.

however I did have to politely insist before they complied with the rules. It also took quite a long time.

Posted

 

6 hours ago, khunPer said:
23 hours ago, 7by7 said:

<snip>

Strictly speaking if travelling with you then she does not actually need a Schengen visa at all. From Travel documents for non-EU family members

Quote

Arriving at the border without an entry visa

It is always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

A marriage certificate, with a certified translation in an EEA language if you married outside the EEA, i.e. Thailand, should suffice to 'prove by other means' that she is your family member. .............

I've never heard about that non-EU family member can enter Schengen without Visa together with an EU family-member – I'm not saying it's not possible, but extremely unlikely. However, I think you mistake for travelling inside the Schengen area, Britain is not member of Schengen. The text in your links says:
»

Visa exemptions

Your non-EU spouse , (grand)children or (grand)parents do not need to get a visa from the country they are travelling to if:

They have a residence permit or visa from another country in the border-free Schengen area (see list below) and the country they are travelling to belongs to that area.«(sic.)

 

I am well aware that the UK is not a member of the Schengen area; neither is the RoI come to that. I have not mistaken travel inside the Schengen area with entering it from outside. The part I quoted applies to entering any EU member state, Schengen or not, from anywhere in the world.

 

The part of "Travel documents for non-EU family members" you quoted is about visa exemptions, i.e. situations where a visa is not required; the part I quoted is about issuing a visa at the border, i.e. where a visa is required but can be obtained at the border, or port of entry, rather than in advance. Do you really need to have the difference explained?

 

To reiterate, "Arriving at the border without an entry visa" begins

Quote

It is always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

One of those necessary documents being any required visa. But as that part continues, if you arrive at the border, or port of entry, without a visa and can prove you satisfy the requirements then you should be issued with a visa on the spot.

 

All this information comes from the official website of the European Union.  If you still consider that information to be incorrect I suggest that you take it up with the publishers of that website; the EU.

Posted
1 hour ago, 7by7 said:

 

 

I am well aware that the UK is not a member of the Schengen area; neither is the RoI come to that. I have not mistaken travel inside the Schengen area with entering it from outside. The part I quoted applies to entering any EU member state, Schengen or not, from anywhere in the world.

 

The part of "Travel documents for non-EU family members" you quoted is about visa exemptions, i.e. situations where a visa is not required; the part I quoted is about issuing a visa at the border, i.e. where a visa is required but can be obtained at the border, or port of entry, rather than in advance. Do you really need to have the difference explained?

 

To reiterate, "Arriving at the border without an entry visa" begins

One of those necessary documents being any required visa. But as that part continues, if you arrive at the border, or port of entry, without a visa and can prove you satisfy the requirements then you should be issued with a visa on the spot.

 

All this information comes from the official website of the European Union.  If you still consider that information to be incorrect I suggest that you take it up with the publishers of that website; the EU.

And do you have a link to that web-page you talk about, as this is very interesting..?

Posted (edited)

It's the page I linked to before, "Travel documents for non-EU family members;" http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm.

 

The same page you, yourself, quoted from!

 

Confirmed in the directive itself; http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3Al33152:

Quote

KEY POINTS

EU citizens with a valid identity card or passport may:

  • Enter another EU country, as may their family members - whether EU citizens or not - without requiring an exit or entry visa.

(7by7 emphasis)

 

From the preamble of the actual directive; http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0038

Quote

(5)

The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality.

(7by7 emphasis)

Edited by 7by7
Addendum
Posted (edited)
1 hour ago, 7by7 said:

It's the page I linked to before, "Travel documents for non-EU family members;" http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm.

 

The same page you, yourself, quoted from!

 

Confirmed in the directive itself; http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3Al33152:

Quote

KEY POINTS

EU citizens with a valid identity card or passport may:

  • Enter another EU country, as may their family members - whether EU citizens or not - without requiring an exit or entry visa.

(7by7 emphasis)

 

From the preamble of the actual directive; http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0038

Quote

(5)

The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality.

(7by7 emphasis)

Many thanks;

but the text says "enter another EU country", ie. not enter EU from a country outside EU – so not  "entering any EU member state, Schengen or not, from anywhere in the world" (post #12) – it covers the free right to move inside EU, including non EU-citizen family-members, as the title also says: "EU freedom of movement and residence". The actual directive you link says in the title: "...the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States..."

 

However for OP's question, it seem like he can use his EU-citizen-right to enter another EU country and bring family member(s). But it may not "work" that easily, as "The implementation of Directive 2004/38/EC" (the directive you linked to) in this Document says, that "The directive has been beset by problems and controversy, with evidence emerging of serious shortcomings in implementation and continuing obstacles to free movement...    ...Since then, the Commission has launched infringement proceedings against a number of Member States for incorrect or incomplete transposition of the directive, but problems persist, as attested, for example, by the large volume of petitions submitted to the European Parliament on the subject and the considerable caseload before the Court of Justice testing some of the grey areas of the directive. However, it is not just barriers to free movement that have sparked controversy, but the perceived abuse of free movement rules by EU citizens for the purposes of ‘benefit tourism’..."

 

It seem like 2004/38/EC was ment to overrule Schengen, as "The new directive repealed a number of earlier directives, including the three mentioned above (Schengen, my remark), and brought together the piecemeal provisions scattered across different pieces of legislation and augmented by jurisprudence. It is designed to encourage Union citizens to exercise their right to move and reside freely within the Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members, and to limit the scope for refusing entry or terminating the right of residence." (Same doc as above, clause 2 first paragraph.) 

 

I would not count on entering Schengen without a Visa – even from another EU country, but outside Schengen – and as other posters mentioned, one may even not be allowed bording an airline...

 

 

Edited by khunPer
Posted
19 hours ago, khunPer said:

Many thanks;

but the text says "enter another EU country", ie. not enter EU from a country outside EU – so not  "entering any EU member state, Schengen or not, from anywhere in the world" (post #12) – it covers the free right to move inside EU, including non EU-citizen family-members, as the title also says: "EU freedom of movement and residence". The actual directive you link says in the title: "...the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States..."

It does, indeed, say enter another EU country; i.e. any EU member state other than that of which the EU national is a citizen. Obviously because one does not need a visa to enter the state of which one is a citizen.Though how you conclude that this means the regulations do not apply when entering from outside the EU I have no idea. If you are correct, which you are not, then I, a British citizen, would need a visa to enter, for example, France if I travelled directly there from Thailand without first entering  the UK!

 

Maybe you can find the part of the regulations where it says this, because I can't.

 

As for the title of the directive; in order to "move and reside freely within the territory of the Member States" one has to be able to freely enter that territory. As the regulations make clear,  this right applies not only to EU nationals but also allow this for non EU national family members of EU nationals.

 

Furthermore, a quick read of this forum will show you posts from members who have used the regulations to easily obtain free visas for their Thai family members for EU countries in Thailand so they can enter that country from Thailand; regardless of whether that country is a Schengen member or not.

 

There is, however, an important effect of the phrase 'another EU country.' The regulations cannot be used by non EU national family members of EU nationals to enter the member state of which the EU national family member is a citizen. To do that they need to apply for the appropriate visa under the requirements of that state's immigration rules, whatever they may be. Except in certain circumstances; I wonder if you know what those are.

 

We all know from posts in this forum that some member states, or at least their embassies in Thailand, do not apply the regulations correctly; despite being admonished by the EU for this practice. Spain is notorious for this disregard of the regulations.

 

19 hours ago, khunPer said:

<ship>

I would not count on entering Schengen without a Visa – even from another EU country, but outside Schengen – and as other posters mentioned, one may even not be allowed bording an airline...

 

Not just Schengen, the regulations apply to all EU members, all EEA members and Switzerland. 

 

As for the difficulties one may face if one hasn't obtained a visa in advance; it was I who first mentioned them in the second post!

 

On ‎06‎/‎11‎/‎2016 at 1:04 PM, 7by7 said:

However, I would advise obtaining a Schengen visa in advance to avoid hassles and delays at the border and/or with carriers who may be reluctant to carry her without a visa.

 

and again in post number 4

On ‎06‎/‎11‎/‎2016 at 2:58 PM, 7by7 said:
On ‎06‎/‎11‎/‎2016 at 2:37 PM, BIGJIMMY said:

I'm more than happy to turn up at the airport with the Mrs, our U.K. Wedding certificate and the kids and all our passports with obviously the same
surname but will there be a problem???

 

It depends on how well the check in staff know the regulations! You may be OK, they may refer to their supervisor, they may simply refuse to board her.

 

Same with immigration at your destination; she may be OK, they may refer to their supervisor, they may simply refuse her entry.

 

Which is why the official advise is to obtain a visa.

 

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