Shengen visa waiver ?

[thai3]

I read on the Italy site that fees for short time visa may be waived if the Thai is married to a EU national. Anyone have experience of this? I always find the list of requirements off putting, in Italy's case they want you to provide stamped and signed document form hotels booked on the Internet, seems rather difficult that one.

[thetruth revealer]

Regarding this matter i found this a few days ago:

Applying for a visa

If your non-EU family members need an entry visa, they should apply for one in advance from the consulate or embassy of the country they wish to travel to. If they will be travelling together with you, or joining you in another EU country, their application should be processed quickly and free of charge:

• Countries which are members of the border-free Schengen area should issue visas within 15 days, except in rare cases, when the authorities should provide an explanation of their decision.
• All other countries (Bulgaria, Croatia, Cyprus, Ireland, Romania, UK) should issues visas as quickly as possible.

The documents your family members need to include in their visa application may vary from country to country. Before travelling, check which these are with the consulate or embassy of the destination country.

Visas issued by a country belonging to the border-free Schengen area are valid for all countries in that area.

 

 

20 August 2014:
 

1.

All spouse of EU nationals will be exempted from the visa fee when travelling with his/her EU spouse.

2.

All spouse of EU nationals will be exempted from all other requirements, including visa fee,  for Schengen visa by presenting one of the following proof of legal ties to the EU country member : Spouse of Spanish , French, and Portuguese citizens : Family book issued by that country member. Marriage certificate issued by EU country of that national. For other EU nationals whose marriage registration is carried out in Thailand or in other non EU countries: the marriage registration must be certified according to the consular procedures of that EU nationals´ Embassy   http://www.vfsglobal.com/spain/thailand/news.html   http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm     Important documents required: 1 2 application forms duly and fully completed. Forms that are not fully completed will not be accepted. 2 Passport with at least 6 months validity after the intended date of departure of the Schengen States, and 3 months left after return to thailand and 2 copy of passport 3 2 of 2 inches color photographs with white background (not more than 6 months old). 4 Travel insurance not less than 30,000 euros, covering medical expenses during the stay in Spain and, if necessary, repatriation to Thailand. List of insurance companies is available at the Embassy. Only some cases are excepted (EU spouses, Official passports…) 5 A round trip ticket to and from Spain or Schengen States. 6 Documents stating the purpose and schedule of the journey: touristic program, hotel reservation, business meeting schedule, In cases where people are more than 1, you must specify the name of the guest to stay on all hotel bookings in table. 7 Documents attesting the applicant’s own sufficient economic means Updated bank guarantee letter and original bank statement or copy bank book (Sponsor must be parents, sister, Brother, husband and wife only and they must provide written letter confirmation that they will sponsor your trip) 8 Spouses of the European Union citizens who want to travel to Schengen territory should present the marriage certificate stating the marriage is valid in the country of origin of the EU national (i.e., with a certificate from the Embassy). They do not need to present items 4, 6 and 7. 9 For underage children under 20 years old to submit application : Document is required; birth certificate, house registration, the authorization of the change of the surname and first name ( if changed) and consent letter have to issue from district (if travel with a single parent) 10 Non Thai citizen residing in Thailand must present proof of a long stay visa, work permit and re-entry visa. Only legal residents in Thailand can request a Schengen visa at the Embassy of Spain in Bangkok.       According 8. you dont have to submit Hotel Bookings if travelling with your Husband.

Edited December 4, 2016 by thetruth revealer

[Donutz]

If a non EU national (such as a Thai) travels or joins an EU/EEA/Swiss national to any other member state (than the country that the EU/EEA national is a citizen of) a visa (Schengen, UK, ...) will need to be issued ASAP, without fee and via a simplified procedure , requiring a minimum of documents. Hotel bookings, medical travel insurance, income details, reasons for return and such are not required. 

 

For a Schengen visa one uses the standard form and skips questions marked with an *. For the UK (If you happend not to be a British citizen) it would be the form for a EEA family permit.

 

Basically all you and your Thai spouse would need is (copy of) your passports, passport photo's of the Thai national, some sort of indication that the Thai joins the EU national (written statement from the EU national will do just fine, throw in a reservation from an airliner and/or hotel if you wish even though this is not required) and maritial papers (they may ask these to be legalized by the Thai MFA, they may ask for a certified translation into a language they can understand, this to rule out fraud and that it is indeed a proper legal marriage). Anything else can not be asked for! If they do, they are breaking the rules though cooperating with silly requests may hold more swift results...

 

More information can be found in the Schengen sticky topic, which explain in a few more words that these rights are derived from the EU freedom of movement directive 2004/38. That is why it aplies to visas from all EU/EEA members.

 

More info can also be found here:

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

 

All visa issueing embassies are required to provide proper information and apply these rules. Some don't due to either incompetence, unwillingness or other reasons of an individual staff member, embassy policy or national policy. Spain being the most notorious (illigaly asking for "marriage registration must be certified according to the consular procedures of that EU nationals embassy"!). In which case you can ask the EU Ombudsman Solvit for help and may wish to write a letter to the EU commission (EU Home Affairs) so they can gather such violations and take it up with the member state or use the knowledge for future reference when creating new/updated legislation. 

 

@truthrevealer: note that VFS, TLS or other service providers are entirely optional. Many embassies now use them but for a Schengen visa you can deal directly with the embassy only and save yourself a service fee and possibly also incompetence or unexperienced staff from external companies who are essentially paper-pushers.

Edited December 4, 2016 by Donutz

[7by7]

3 hours ago, Donutz said:

If a non EU national (such as a Thai) travels or joins an EU/EEA/Swiss national to any other member state (than the country that the EU/EEA national is a citizen of) a visa (Schengen, UK, ...) will need to be issued ASAP, without fee and via a simplified procedure , requiring a minimum of documents. Hotel bookings, medical travel insurance, income details, reasons for return and such are not required. 

 

Provided the non EU national is a qualifying family member of the EU/EEA/Swiss national; e.g. spouse.

 

Of course I know that you know this, Donutz and assume it was a typo.

 

But I corrected it to avoid confusion among the OP and others who are not aware of the rules.

 

As you say, though, some Schengen embassies ignore the rules!

[thetruth revealer]

4 hours ago, Donutz said:

If a non EU national (such as a Thai) travels or joins an EU/EEA/Swiss national to any other member state (than the country that the EU/EEA national is a citizen of) a visa (Schengen, UK, ...) will need to be issued ASAP, without fee and via a simplified procedure , requiring a minimum of documents. Hotel bookings, medical travel insurance, income details, reasons for return and such are not required. 

 

For a Schengen visa one uses the standard form and skips questions marked with an *. For the UK (If you happend not to be a British citizen) it would be the form for a EEA family permit.

 

Basically all you and your Thai spouse would need is (copy of) your passports, passport photo's of the Thai national, some sort of indication that the Thai joins the EU national (written statement from the EU national will do just fine, throw in a reservation from an airliner and/or hotel if you wish even though this is not required) and maritial papers (they may ask these to be legalized by the Thai MFA, they may ask for a certified translation into a language they can understand, this to rule out fraud and that it is indeed a proper legal marriage). Anything else can not be asked for! If they do, they are breaking the rules though cooperating with silly requests may hold more swift results...

 

More information can be found in the Schengen sticky topic, which explain in a few more words that these rights are derived from the EU freedom of movement directive 2004/38. That is why it aplies to visas from all EU/EEA members.

 

More info can also be found here:

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

 

All visa issueing embassies are required to provide proper information and apply these rules. Some don't due to either incompetence, unwillingness or other reasons of an individual staff member, embassy policy or national policy. Spain being the most notorious (illigaly asking for "marriage registration must be certified according to the consular procedures of that EU nationals embassy"!). In which case you can ask the EU Ombudsman Solvit for help and may wish to write a letter to the EU commission (EU Home Affairs) so they can gather such violations and take it up with the member state or use the knowledge for future reference when creating new/updated legislation. 

 

@truthrevealer: note that VFS, TLS or other service providers are entirely optional. Many embassies now use them but for a Schengen visa you can deal directly with the embassy only and save yourself a service fee and possibly also incompetence or unexperienced staff from external companies who are essentially paper-pushers.

It was informed and confirmed  from VFS recently , that the Visa Fee is waived in case of the EU resp. Swiss Spouse. So far im not sure how or if they still would try to get paid for the mentioned service. 

[Donutz]

@7by7: Oops, I editted that sentence and must have dropped rather important bit. Thanks for the correction.

 

@truth revealer: all applicants can either deal with the mbassy or with the external service provider. Those who chose to use those service pay a service fee ontop of the (if any) visa fee. If a visa applicant applies for a visa via the service provider they will charge you this service fee even if the visa itself is issued for free. 

[thetruth revealer]

....on their Website (VFS)  found this :

 

3 January 2014 :

VFS Fee and Visa Fee for All SPAIN Visa Application will change and will Effective on 7 January 2014

 

VFS Fee   :	Change from 820 Baht to 874 Baht.
VISA Fee  :	All Visa category for Adult, Change from 2400 Baht to 2622 Baht.
	All Visa Category for Children from age of 6 years and below age of 12 years,
	Change from 1400 Baht to 1530 Baht.

 

 

07 November 2016 VFS Fee and Visa Fee for All SPAIN Visa Application will change and will Effective on 07 November 2016   VISA Fee : All Visa category for Adult, Change from 2,360 Baht to 2,300 Baht.   All Visa Category for Children from age of 6 years and below age of 12 years,   Change from 1,377 Baht to 1,345 Baht.
I guess ALL SPAIN Visa Application is unspecified because there is no exemption stated regarding EU Spouse. Another disinformation or rules changed ?

Edited December 4, 2016 by thetruth revealer
up date

[Donutz]

There should be and used to be a paragraph on the VFS website which made clear that those who do not wish to use VFS's services could contact the embassy instead via a certain e-mail adress belonging to the Spanish embassy. That way only the visa fee (if any) needs to be paid as you had no interaction/service from VFS.

 

The Spanish embassy was not amused though when the EU delegation (embassy) in BKK made them add that information. Those rights are derived from

the Schengen Visa Code (further details in the sticky topic). It happend to be me who notified the EU delegation of incomplete and wrong information by Spain and a few other embassies. Showing that politely pointing out errors and complaining do yield results, though sometimes not as fast ir easy as one would like.

 

FYI: Service fees for those who chose this optional service can never exceed half of the normal visa fee. Or in other words never more than half of 60 euro's, which is 30 euro's. Exchange rates need to be updated regulary so that the costs in local currency ( THB) match the costs in euro's as per what the Visa Code dictates . 

 

Edit: just to be clear, the Schengen visa rules have not changed in recent years. This includes the rule that external services (and services fees) are optional for all applicants. New rules which aim to simply the vida process and allow for more flexibilty are being discussed since 2014 but have not passed yet. 

Edited December 4, 2016 by Donutz

[thetruth revealer]

Well done . Your posts are really helpful, straightforward and contain essentially what one needs while posting and seeking help in these Forum.

BTW, have you seen what the Spanish Embassy answered me recently.

They said that i would need to show Family book for proof of Marriage .

Any idea if thats really required or is it just another attempt to make things complicated?

 

From my understanding its not required.

Im will probably report this to Solvit, if they refuse the Marriage Certificate translated and MFA authenticated.

 

 

 

 

 

 

Edited December 4, 2016 by thetruth revealer

[7by7]

It isn't.

 

According to the regulations, all that is required is a legal marriage certificate with a certified/legalised translation into a EU language.

 

For Thailand the certificate/legalisation needs to be done by the MFA.

 

But the Spanish have a reputation for being difficult. They were asking for a legal confirmation from the EU national's embassy that the country concerned recognised the marriage; which very few embassies would issue; the British one doesn't.

 

See this post for an example of what the British embassy will provide; but at the time the Spanish embassy wouldn't accept it!

 

Having been admonished both by the EU and their masters in Madrid it seems that they have dropped this; but are still asking for other documents which are not required.

[thetruth revealer]

2 hours ago, 7by7 said:

It isn't.

 

According to the regulations, all that is required is a legal marriage certificate with a certified/legalised translation into a EU language.

 

For Thailand the certificate/legalisation needs to be done by the MFA.

 

But the Spanish have a reputation for being difficult. They were asking for a legal confirmation from the EU national's embassy that the country concerned recognised the marriage; which very few embassies would issue; the British one doesn't.

 

See this post for an example of what the British embassy will provide; but at the time the Spanish embassy wouldn't accept it!

 

Having been admonished both by the EU and their masters in Madrid it seems that they have dropped this; but are still asking for other documents which are not required.

Im going to follow up in this matter and Up Date here about the situation , im really wondering now...

[beano2274]

For all visas where the Partner is an EU National you have to prove this fact, the best way is the Marriage certificate, I had translations of mine in German and English for all visa applications for my wife before she got her Residence Card for Germany.

Remember if you are English and your wife has a Residence Card from an EU country, this is acceptable to enter the UK with, with a valid passport, no visa is required, but only for holidays. If your wife had a Residence Permit for an EU Country and you wanted to return to the UK to live (if a UK Citizen) then she would have to obtain an EEA Family permit.

[rasg]

Interesting. We are planning a four day trip to Iceland early in the new year.

 

From my research I need to go to the Danish Embassy or via VFS. VFS want about £50 if I apply through them.

 

From what I have read here it's a either free or a lot cheaper to go through the Embassy and we don't l have to provide half of the documents that VFS require? That's what interests me more and it only for four days. 

 

If anybody has done this recently any info would be appreciated please. My wife has her BRP from her first FLR and we have a UK marriage certificate. Her BUPA travel insurance runs until March next year which is an added bonus.

[theoldgit]

VFS, or other outsourced companies work to a set script of what they think the actual people processing the visa application will require, some individual staff members also have a perceived sense of power over applicants.

 

The bottom line the spouse of an EU National should have a visa issued free of charge, quickly and with the minimum of supporting evidence. I've said before that after run ins with outsourced staff of a couple of outsourced mail drops, my then girlfriend applied for a Schengen Visa via the Netherlands Consulate, one was issued, free of charge, as the long term partner of an EU National, no financial evidence or insurance was required, or indeed accommodation, just evidence that we were in a long term relationship and the fact we were travelling together. Her last visa was issued in three days and had a validity of the length of her passport.   

[rasg]

Thank you for that info. I am going to try the same route with the Danish Embassy.

 

I don't suppose you have a link to the guidelines that the Consulate or Embassy should abide by when issuing a Schengen visa please?

[theoldgit]

Donutz posted all the details in his pinned topic at the top of the forum.

[rasg]

I see that but I didn’t look as my wife lives here in the UK with me. We are not applying from Thailand...

[7by7]

The rules and requirements are the same wherever one applies from.

 

Have a look at Travel documents for non-EU family members and at Schengen Visas - Visas to Iceland

[rasg]

The rules and requirements are the same wherever one applies from.

 

I get that now but I didn’t even bother looking at the sticky because the title specifically said, when applying from Thailand. The title of the thread could be better.

 

Good info nonetheless. The Danish Embassy seems to be a little more enlightened than some of the others and I will call them when I have booked tickets. They only seem to need my wife's BRP, passport, my passport, our UK marriage certificate, travel insurance and return tickets. That seems reasonable.

 

I am liking your info about the Schengen for the Netherlands too and we may take a side trip there first as a visa for the duration of the wife's passport would obviate the need for another for a few years. That is a big atttaction...

Edited December 6, 2016 by rasg

[Donutz]

The "when applying from Thailand"  was added later on my request in the hope of it popping up higher in Google's search results. The Sticky topic or this forum section did not pop up on the first 1-2-3 pages of google when searching for "Schengen visa Thailand" . Reasoning that adding "Thailand"  in the topic title would improve search results and that the links to the various embassies only concerned those in BKK rather then also the UK (or elsewhere), I asked ToG to change the title.

 

I'm fine with any changes/suggestions for a better title that also works with search engines.

 

If done 100% by the book the Danes would not need/ask her BRP as any eligable family member of an EU/EEA citizen can apply from any consulate or embassy in the world (that ocourse is capable of issueing visas and if the main travel destination is that embassies reponsibility). Insurance is not required though recommended, als by the Danes. Return tickets are not needed either (even a reservation would not be needed if the EU family member makes clear that the eligable non-EU spouse joins him/her).

 

The Dutch embassies in SE Asia forward all passports/applications to Kuala Lumpur, where the visa back office is located. Those usually issue a 1 year MEV the first time around.  Any visa requests after that are granted a MEV that is valid for 2-5 years. Not sure if the visa office in the UK has the same policy.  ToG and his wife have frequently visited NL so they may have been issued a long term MEV because of that. Being Obvious frequent and trustworthy travelers and a long term MEV saves the embassy and the applicant time and money.

[rasg]

41 minutes ago, Donutz said:

If done 100% by the book the Danes would not need/ask her BRP as any eligable family member of an EU/EEA citizen can apply from any consulate or embassy in the world (that ocourse is capable of issueing visas and if the main travel destination is that embassies reponsibility). Insurance is not required though recommended, als by the Danes. Return tickets are not needed either (even a reservation would not be needed if the EU family member makes clear that the eligable non-EU spouse joins him/her).

 

Possibly not but supplying a BRP that she already has is no big deal and it provides the magic words on the BRP (resident Permit). It's all the BS like financial info, etc etc and the fact that visa is close to free that is the good bit.

 

   

     6.  Holders of Residence Permit on the basis of being married to/partner/child/parent of a UK national
          travelling without the UK national you are dependant on: visa required (free of charge)

          Documentation required: as listed under requirements for a Schengen visa and proof of
          relationship with UK national as listed under 5 above.

Please note that for visa purposes both the passport and UK Residence Documentation must be valid for the duration of your visit to Denmark. A UK Residence Permit and passport must be valid for at least 3 months beyond the visit to Denmark.

Applications from family members of EU nationals are prioritized and processed faster. Please note that some nationals are subject to prior consultation in one or more Schengen countries, before a visa can be issued. The consultation takes around 8-10 days. Please see  the list of countries.

[rasg]

I've heard back from the Danish Embassy. They have a walk in centre that is run by VFS and anybody in our situation can turn up during office hours. The charge for the free visa is £25.00...

[Donutz]

That is correct, anybody who wishes to use the services of VFS instead of dealing directly with the embassy will have to pay the service fee.

I do hope that they also told you that you can deal with the embassy instead, and avoid a service fee. Letting you decide what option you prefer.

 

Having looked at the webpage of the Danish embassy I think they could more clearly point out that those who prefer to deal with the embassy instead of VFS can do so (as they point out) but they should also make very clear that obviously no service fee is due if you don't use VFS.

 

One could kindly request that the Danes provide more clear information on their site. I had succes doing so by e-mail a few embassies in BKK back in 2014. Some only could be persuaded after I CC-ed a mail to the European Commission and EU Delegation in BKK to those less enthousiastic embassies...

 

NB: The fee of 25 GBP is nearly the absolute maximum of 30 euro's (exchange rate right now according to Google "25 British pounds = 29.371885 Euros)

Edited December 7, 2016 by Donutz

[rasg]

I had another email back from them saying I can get the visa through the Embassy but the waiting time is some time in January...

[Donutz]

You may wish to inform the embassy that that is a violation on atleast two accounts. Perhaps a CC to the EU ( JUST-CITIZENSHIP {at} ec.europa.eu
) might convince them...

All type applicants need to be able to apply within 2 weeks of requesting an appoinment. This goes even more so for EU family applications covered by freedom of movement, who need to be helped ASAP.

----
CHAPTER II
Application

Article 9
Practical modalities for lodging an application

1.   Applications shall be lodged no more than three months before the start of the intended visit. Holders of a multiple-entry visa may lodge the application before the expiry of the visa valid for a period of at least six months.
2.   Applicants may be required to obtain an appointment for the lodging of an application. The appointment shall, as a rule, take place within a period of two weeks from the date when the appointment was requested.
3.   In justified cases of urgency, the consulate may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately.
4.   Applications may be lodged at the consulate by the applicant or by accredited commercial intermediaries, as provided for in Article 45(1), without prejudice to Article 13, or in accordance with Article 42 or 43.
----

Source, Visa Code: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0810

 

 

And for EU family applications (see Sticky, source is EU handbook):

 

"3.1. Visa Fee
No visa fee can be charged.

3.2. Service fee in case of outsourcing of the collection of applications
As family members should not pay any fee when submitting the application, they cannot be
obliged to obtain an appointment via a premium call line or via an external provider whose
services are charged to the applicant. Family members must be allowed to lodge their
application directly at the consulate without any costs. However, if family members decide
not to make use of their right to lodge their application directly at the consulate but to use the
extra services, they should pay for these services.
If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff)
to the consulate should be put at the disposal of family members respecting comparable
standards to those of "premium lines", i.e. the availability of such lines should be of standards
comparable to those in place for other categories of applicants and an appointment must be
allocated without delay.

3.3. Granting every facility
Member States shall grant third country family members of EU citizens falling under the
Directive every facility to obtain the necessary visa. This notion must be interpreted as
ensuring that Member States take all appropriate measures to ensure fulfilment of the
obligations arising out of the right of free movement and afford to such visa applicants the
best conditions to obtain the entry visa.
 

 

3.4. Processing time
The visas must be issued as soon as possible and on the basis of an accelerated procedure and
the procedures put in place by Member States (with or without outsourcing) must allow to
distinguish between the rights of a third country national who is a family member of an EU
citizen and other third country nationals. The former must be treated more favourably than the
latter.
Processing times for a visa application lodged by a third-country national who is a family
member of an EU citizen covered by the Directive going beyond 15 days should be
exceptional and duly justified.
"

Edited December 7, 2016 by Donutz

[rasg]

Many thanks for this information.

 

 

[rasg]

I have just had an email back from the Danish Embassy about an appointment for a Schengen visa for Iceland.

 

Please forward your tickets for Iceland as proof that you are travelling together.

 

In the end we want to travel in late February early March and I am very nervous about buying tickets as the visa might not come through in time....

 

They want tickets just to get an appointment! Can anybody help me with a reply to this please? Not sure which EU directive they are contravening but I bet there are at least a couple....

 

 

[Donutz]

3 hours ago, rasg said:

I have just had an email back from the Danish Embassy about an appointment for a Schengen visa for Iceland.

 

Please forward your tickets for Iceland as proof that you are travelling together.

 

In the end we want to travel in late February early March and I am very nervous about buying tickets as the visa might not come through in time....

 

They want tickets just to get an appointment! Can anybody help me with a reply to this please? Not sure which EU directive they are contravening but I bet there are at least a couple....

 

 

Never ever buy tickets beforehand, most certainly not if traveling under directive 2004/38 and if traveling under the regular rules only under exceptional conditions and only if the embassy wants to see it upon issiueng the visa. 

 

And to request an appointment you don't need anything at all, as the Schengen sticky explains all applicants can request a direct appointment at the embassy which must take place within 2 weeks of the request. But ofcourse when turning up at the appointment you need to bring some documentation, if you showed up empty handed there wouldn't be anyting to process. 

 

For ordinairy applications asking for tickets is extremely rare and should really only be asked for if there are very senseable reasons to ask for them. For applications under Freedom of Movement they can simply not demand a ticket, all that is required is sort of indication that the EU national will travel with the non EU national (spouse) to an other EU/EEA country than the one which the EU national is a citizen of.  Usually a written statement by the EU national is sufficient and accepted by most embassies.  But if you are dealing with a more difficult embassy or individual staffer (who doens't know any better or is a difficult red tape loving person), you could ofcourse as per the general visa code supply a free reservation of a flight. Usually a call to one of the bigger airliners will do just fine, ask them to sent a reservation per e-mail. Forward that to the embassy. This reservation will usually become invalid after a number of days or weeks (unless you confirm the reservation and turn it into an actual booking). After you get the visa you can ofcourse buy a ticket via an other company or for an other flight if that suits you better. If for some reason you cannot get a free reservation via one of the major airliners and you don't even wish to pay say 5 euro's for a reservation, try a printscreen of an example booking to show that you want to book such a flight (with date X, Y persons etc. to destination Z). 

 

You could write the embassy a letter such as:

 

------------------------------

"Dear *name of embassy staffer Mr/Mrs*,

 

You asked me to supply a ticket of our flight. I do assume that this is a miscommunication and that you mean a flight reservation.Though technically that is not required either since Directive 2004/38 (being Community Law) takes precedence over the Schengen Visa Code. The directive applies here which does not require a flight booking or reservation of any kind: a written confirmation from me as an EU national should be sufficient evidence of my Thai spouse and me -a UK national- traveling to Iceland and are thus covered by the directive. However, since you may prefer to see something more solid that a written confirmation by me, I have added a flight reservation of our flight to Iceland for your convience. 

 

I hope that this satisfies your request,

 

Yours sincerely,

 

Name Thai national & name EU national"

-------------

 

 

 

If you are dealing with an extremely incompetent official who needs it all spelled out:

 

The visa code, Annex II, which refers to Article 14 (and this bit does not even apply to you, more relaxed rules apply in your case!):

Quote

B. DOCUMENTATION ALLOWING FOR THE ASSESSMENT OF THE APPLICANT’S INTENTION TO LEAVE THE TERRITORY OF THE MEMBER STATES

1. reservation of or return or round ticket;
2. proof of financial means in the country of residence;
3. proof of employment: bank statements;
4. proof of real estate property;
5. proof of integration into the country of residence: family ties; professional status.

Source: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0810

 

The EU handbook for embassy staff "Handbook for the processing of visa applications" adds to that on page 48:

Quote

In general a paid return ticket is not required but can be requested in exceptional circumstances.

 

And further down in the chapter on applications under freedom of movement directive 2004/38 it clearly tells what is needed  under 3.6 - 3.7 (and thus you don't need anything else than that):

Quote

3. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE

This point provides for operational instructions concerning the specific derogations from the

general rules of the Visa Code that are to be applied when it has been ascertained that the visa

applicant falls under the Directive and that there is no exemption from the visa requirement.

(...)

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.

 

Source: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/policies/borders/docs/c_2010_1620_en.pdf

 

Also see:

- http://www.thaivisa.com/forum/topic/961389-schengen-visa/?page=2

 

 

Edited January 16, 2017 by Donutz
flight to Iceland, not Denmark, lol

[rasg]

This is very, very useful. Thank you very much.

 

Here is what I have with some changes to suit our circumstances.

 

You asked me to supply a ticket of our flight. I am assuming that this is a miscommunication. Neither a flight booking or a flight reservation are required as Directive 2004/38 (being Community Law) takes precedence over the Schengen Visa Code. The directive applies here which does not require a flight booking or reservation of any kind: a written confirmation from me as an EU national should be sufficient evidence of my Thai spouse and me -a UK national- traveling to Iceland for a short holiday and are thus covered by the directive. You can treat this email as my written confirmation that we will be traveling together, along with my sister and brother-in-law.

I have attached a PDF showing the flights that we want to book but without a guarantee that the visa will be issued I am not willing to make a firm booking with the airline and pay out £850 without that assurance.

Of course, when we attend the appointment we will be bringing all of the documentation that is required for the successful application of a Schengen visa for my wife.

 

I hope that this satisfies your request,
 
Yours sincerely,

[rasg]

I had a reply...

 

UK nationals are not considered EU nationals in their own country, but for visa purposes will be when they leave the UK and travel to another EU country. Tickets are therefore required as proof that the non-EU family member is travelling with the UK national in order to determine whether the application can be processed under EU regulations.
 
I have, however, made an appointment for your wife at the Embassy on Monday 23rd January at 13:30.