Freedom of Movement , Spain

[thetruth revealer]

Anybody has experience with travelling to Spain based on the Freedom of Movement Act`?

Foreign Spouses are allowed to travel together with their EU Citizen Husband or Wife  with showing their Residency Card , regarding this article, without Schengen Visa.

https://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/

 

How is it handled by the Spanish authorities and especially from Airlines when leaving the Country?

Anybody ever experienced Denied Boarding without the Schengen Visa ?

 

Thanks

[7by7]

Where are you and your spouse living, what is your nationality and what type of residence permit does your spouse have?

 

To use a residence permit issued by one EEA state to enter another the permit must state that the holder's residency is granted due to their being the spouse/partner/family member of an EEA national, or words to that effect. As you say, they must also be travelling with or to join their EEA national spouse/partner/family member.

 

For example, a UK Biometric Residence Permit issued under the UK immigration rules to the spouse of a British citizen does not state the above, so cannot be used to enter other EEA countries; whilst a BRP issued under the UK's EEA regulations does say this and so can.

 

Furthermore, as it says on the official EU website: Travel documents for non-EU family members

Quote

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.

Residence permits issued by countries outside the Schengen area do not allow non-EU family members to travel visa-free to a Schengen area country

 

Spain is a Schengen area country.

 

So, according to that, if your spouse's residence permit was issued by a non Schengen state, e.g. the UK or RoI, then they will need a visa to enter Spain anyway.

 

However it also says on that page

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.

 

But, as that implies, it is better to obtain any necessary visa in advance. This will avoid any possible difficulties with your carrier who may not be totally au fait with the rules and so refuse to carry your spouse without a visa, as well as any possible delays at Spanish immigration while you argue the case with them.

 

Remember that with both the carrier and Spanish immigration the burden of proof that a visa is not required lies with you and your spouse. My advice; get one.

 

As you are an EEA national then your spouse's visa should be free, very little evidence should be required other than proof that they are your spouse and the application processed with the minimum of delay. A warning though; Spanish embassies, especially that in Bangkok, are notorious for not applying the regulations correctly!

Edited November 30, 2016 by 7by7

[thetruth revealer]

5 hours ago, 7by7 said:

Where are you and your spouse living, what is your nationality and what type of residence permit does your spouse have?

 

To use a residence permit issued by one EEA state to enter another the permit must state that the holder's residency is granted due to their being the spouse/partner/family member of an EEA national, or words to that effect. As you say, they must also be travelling with or to join their EEA national spouse/partner/family member.

 

For example, a UK Biometric Residence Permit issued under the UK immigration rules to the spouse of a British citizen does not state the above, so cannot be used to enter other EEA countries; whilst a BRP issued under the UK's EEA regulations does say this and so can.

 

Furthermore, as it says on the official EU website: Travel documents for non-EU family members

 

Spain is a Schengen area country.

 

So, according to that, if your spouse's residence permit was issued by a non Schengen state, e.g. the UK or RoI, then they will need a visa to enter Spain anyway.

 

However it also says on that page

 

But, as that implies, it is better to obtain any necessary visa in advance. This will avoid any possible difficulties with your carrier who may not be totally au fait with the rules and so refuse to carry your spouse without a visa, as well as any possible delays at Spanish immigration while you argue the case with them.

 

Remember that with both the carrier and Spanish immigration the burden of proof that a visa is not required lies with you and your spouse. My advice; get one.

 

As you are an EEA national then your spouse's visa should be free, very little evidence should be required other than proof that they are your spouse and the application processed with the minimum of delay. A warning though; Spanish embassies, especially that in Bangkok, are notorious for not applying the regulations correctly!

Can you specify regarding `` not applying correctly`` please?

[Donutz]

Simply browse or search this forum section on visa's to Spain for Thai nationals with an EU (UK, Italian, German, ...) spouse. It ranges from insisting that the embassy of the EU national verifies the marriage to asking fir financial details, travel insurance or other paperwork that does not apply to those who are covered by the Freedom if Movement directive.

 

I'd throw in some URLs to a few topics but that's not easy to do from my phone. Should be a few topics on the first few pages about Spain. And the Schengen sticky near the top provides some general information and sources.

[Donutz]

Sticky topic

http://www.thaivisa.com/forum/topic/724180-schengen-visa-faq-when-applying-from-thailand/

 

 

 

I'll throw in the most recent examples on dealing with the Spanish embassy: 

 

- http://www.thaivisa.com/forum/topic/953407-spanish-visa-update/
- http://www.thaivisa.com/forum/topic/911371-schengen-spain-visa-in-bangkok-for-non-thai/
- (immigration to spain) http://www.thaivisa.com/forum/topic/949345-relocating-to-europe-with-an-unmarried-thai-partner/
- (Spain being silly and asking for 'validation of marriage') http://www.thaivisa.com/forum/topic/948125-validating-a-thai-marriage-certificate/
- http://www.thaivisa.com/forum/topic/926739-is-there-any-need-for-a-schengen-visa/
- http://www.thaivisa.com/forum/topic/942335-surinder-singh-route-spanish-schengen-visa/
- http://www.thaivisa.com/forum/topic/942091-spanish-schengen-visa-thai-girlfriend/
- http://www.thaivisa.com/forum/topic/936673-schengen-visa-for-spain/
- etc etc etc

[thetruth revealer]

7 hours ago, Donutz said:

Sticky topic

http://www.thaivisa.com/forum/topic/724180-schengen-visa-faq-when-applying-from-thailand/

 

 

 

I'll throw in the most recent examples on dealing with the Spanish embassy: 

 

- http://www.thaivisa.com/forum/topic/953407-spanish-visa-update/
- http://www.thaivisa.com/forum/topic/911371-schengen-spain-visa-in-bangkok-for-non-thai/
- (immigration to spain) http://www.thaivisa.com/forum/topic/949345-relocating-to-europe-with-an-unmarried-thai-partner/
- (Spain being silly and asking for 'validation of marriage') http://www.thaivisa.com/forum/topic/948125-validating-a-thai-marriage-certificate/
- http://www.thaivisa.com/forum/topic/926739-is-there-any-need-for-a-schengen-visa/
- http://www.thaivisa.com/forum/topic/942335-surinder-singh-route-spanish-schengen-visa/
- http://www.thaivisa.com/forum/topic/942091-spanish-schengen-visa-thai-girlfriend/
- http://www.thaivisa.com/forum/topic/936673-schengen-visa-for-spain/
- etc etc etc

Thank you a lot, gonna have a look on it. 

[thetruth revealer]

UP DATE

 

Below the official answer from Spanish Embassy today regarding my General Inquiry.

 

 

 

 

Good morning, dear Embassy Staff
 

Regarding the Movement of freedom Act, for Spouse of EU Citizen i have some questions.
 

I am EU Citizen and based on my Citizenship i have `` Residencia comunitario  in Spain  , so stated on my Certificado de Registro de Ciudadano de la Union.
 

So far i understand , my Wife would be granted Visa on Arrival once arriving in Madrid , if travelling together with me .
 

But , to avoid any complications, we would rather like to ensure a  Short term Tourist Visa for our Holiday planned next Summer in Spain.
 

Please kindly clarify and specify what is the current legal Situation regarding this matter so we can prepare ourself correctly and avoid any inconviniences.

 

 

Answer from Embassy :

 

Dear sir,

 

Please provide more information regarding your spouse ie. Nationality ,Passport type(ordinary/diplomatic/official) and Family Book.

 

 

The mentioned Family Book isnt listed as required on the Official VFS Website nor the EU itself .

 

What are your thoughts about  ?

It seems its gonna be a interesting experience......

 

 

Thanks