Spanish schengen visa for Thai spouse with UK citizen

[Betty Buck]

Hi All!

After extensive research in to obtaining a Spanish visa I still have a lot of confusion! It seems that for each persons specific situation the rules change.

I am looking to take my Thai husband and our Thai/ British son on a family holiday to Spain. Our marriage has been registered here in Thailand where we reside but not yet registered in the UK. We have translations of our Thai Marriage certificate and of our son's birth certificate. 

My questions are-

Are British citizens entitled to the rights of freedom of movement with there spouse if the marriage is not yet registered in the UK?

With our situation would my husband be eligible for a family visa or would we have to get a tourist visa?

Do we have to get the visa directly from the Spanish Embassy or should we go through BLS international?

Any other information would also be helpful as right now i am feeling very confused with the information on line.

 

Thank you so much in advance . 

 

 

[theoldgit]

Your marriage doesn't have to be registered in the UK, if you were legally married in Thailand, then you are legally married anywhere.

 

As your spouse your husband is entitled to free movement within the EU providing he is travelling with you, or joining you there, though those rules obviously are likely to change post Brexit.

 

That said, the Spanish authorities have imposed requirements which seem to contravene the Schengen rules, thus preventing spouses of UK Citizens exercising their current right of free movement.

 

BLS said:

Thai spouses of UK citizens will have to submit the UK marriage certificate (Court recognition) if they want to apply for EU spouse visa. In this sense we dont consider valid the following documents: Thai marriage certificate, Informative Note of the Consulate General in Bangkok, or marriage certificate from any other country. Only UK Court recognition will be considered enough for applying to this visa.

As a consequence of the former, the UK thai spouses will be able to apply for a normal tourist visa. Thus, they will pay the fee and submit the documents accordingly.

 

Your husband should be obtain a Schengen visa from the Spanish authorities here in Thailand, that visa should be issued free and promptly and without much of the documentation that would normally be required from a Visa National, but it seems they are flouting the rules and will insist that your husband applies as a general tourist, and pays the fees.

 

There are a number of members who have fallen foul of the Spanish flouting of the EU rules, maybe someone will advise how they dealt with it.

 

 

 

[Betty Buck]

Thank you!

Yes this is exactly what i am worried about. We live near Phuket so going backwards and forwards to Bangkok to appeal if the visa is denied can be costly and time consuming.

We are going to be visiting the UK for 1 week before our planned visit to Spain and was hoping that the fact that my husband can get a visa for the UK might help a little.

Does anybody know if traveling with our Son (British national) could help, surely the birth certificate from our son shows indisputable evidence that they are related?

If this visa proves to be too difficult to get maybe we could try a holiday elsewhere, we have some friends in Italy, does anybody know if getting the visa from the Italian embassy could be any easier.

Thanks so much again in advance.

 

[theoldgit]

I'm not sure that the visa is going to be that difficult to get, it's just that your husband will have to apply for a regular tourist visa rather than the free visa that he's entitled to.

As he's be required to apply for a regular tourist visa he will need to apply via BLS, and pay their fee, he will also need to provide details of his travel arrangements in and out of the Schengen Area, details of his accommodation, meet the financial requirements and provide evidence of insurance.
The fact that his son is travelling with you will add nothing to the application if he's forced to apply as a regular tourist.
I'm not sure how the requirements at the Italian consulate differ, they only seem to require that a Thai marriage certificate is translated into English, they certainly don't impose the made up rule that the Spanish do, the Italian application form points out which evidence that needs to be produced for an applicant exercising their right of free movement.

He will have to apply for it here in Thailand, he would only be allowed to apply in the UK if he was resident there.

[Donutz]

"As he's be required to apply for a regular tourist visa he will need to apply via BLS, and pay their fee, "

 

Regular applicants do not need to apply via BLS (or VFS or TLS etc) either. All applicants of all  categories have the right of an appointment directly with the embassy. But this is Spain we are talking about...

 

As one can read from recent topics on Spain the Thai Spouse of a UK national is eligible for a free visa issued ASAP with minimum hassle or paperwork (see Schengen sticky topic) and you could even apply while on holiday in the UK. Sadly the Spaniards made up a real that they wish to see the marriage registered in the UK and they deny applying from the UK while on holiday... they are not the nicest bunch to deal with unless you are willing to do as they ask and comply with there illegal, silly requests and made up rules.

[Betty Buck]

Thank you very much to you all for giving me more of an insight.

I have read a lot of comments on this forum of people having trouble getting a tourist visa for a Thai national from the Spanish Embassy, has anybody here had any luck?

I'm not sure if I should risk spending time trying for a Spanish tourist visa and having a possibility of having it refused. Maybe it could be better to visit another country where we will be sure to get a family/ spouse visa and can still go to enjoy our family holiday. 

Has anybody heard of what countries in the schengen area will give a family/ spouse visa more easily.

Thanks again in advance.

[Betty Buck]

I have just looked on the Italian Embassy website and there doesn't seem to be a visa type that fits what wee need either.  

 

[theoldgit]

He would need to apply for a short term tourist visa, it's the same for every Schengen member state.

 

If you look at 4c in the visa fee section http://www.vfsglobal.com/italy/thailand/tourist.html you will see that the fee should be waived.

 

If you look at the list of required documents it mentions the marriage certificate, saying "Only for Thai applicants married to Italian/EU citizens: original Thai marriage certificate translated in English"

 

Whilst the various sections don't advise that some evidence isn't required for people in your husbands position, the application form makes it clearer, where it advises that sections with an asterisk don't need to be completed.

 

The Italian Embassy also offers you the opportunity to lodge the application directly thus bypassing VFS,http://www.ambbangkok.esteri.it/ambasciata_bangkok/en/informazioni_e_servizi/visti/ specifically here Visa appointment can be also scheduled directly with the Visa Office of the Embassy by following these procedures.
   

[mgb]

2 hours ago, Betty Buck said:

I have just looked on the Italian Embassy website and there doesn't seem to be a visa type that fits what wee need either.  

 

Mark other at field 24 at the visa application form and write family member EU.
If someone complain ask them for what the asterisks are good for at the schengen application form.

Edited February 11, 2017 by mgb

[malct]

Looked into Spain last week, Looks like a nightmare to obtain a schengen visa , First time was bad enough when i first got a schengen visa for my Thai wife in 2011, Looks like Lara beach again in Turkey. Least your made to feel wanted

[mgb]

You can try to argue with the visa handbook of the eu commission.
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/borders-and-visas/visa-policy/docs/20140709_visa_code_handbook_consolidated_en.pdf

Part III is the important section.

Edited February 11, 2017 by mgb

[Betty Buck]

Thanks again to you all!

I undertstand that we could try to get a tourist visa for Spain but after hearing how so many people have been refussed i think it will be far better to go elsewhere.

I will certainly look into getting a schengen visa from another EU country (Not Spain). With Brexit on the way it could be the only time for my husband to see any of Europe with out major problems with visa's.

After looking at the application form Italy could be a good choice

Does anybody know which other countries are easy to apply to?

I will keep everybody informed if I have any other info during our major visa mission!!

 

[theoldgit]

I've found the Netherlands Visa Section are one the easiest to deal with, though of course your initial application does need to include a visit there, my wife wanted to see the tulips so that was not an issue.

She applied as the partner of an EU National, we weren't even married then, we indicated that after visiting Amsterdam we intended visiting Paris later in the year, they issued her with a multi entry visa valid for six months shy from her passport expiry date, that's a Schengen requirement, it was issued in a few days, from KL, and free.
A previous application via the Italian Consulate was no problem and neither was her first one to the French Consulate.

If you really want to go to Spain I don't see that you would have a problem, provided your husband played along with their games and applied as a regular tourist.  

[Betty Buck]

Spain would defiantly be the 1st choice as my Mother has a holiday home there which we would love to see. The only worry i have is the evidence of work and income that they want to see. My husband has a small Thai business and is self employed but he does not have a company. 

I have heard that the Spanish Embassy may want to see lots of information from his business and i am not sure if the information he has would be enough, or if his income would be sufficient. 

[Betty Buck]

Has anybody had a positive experience getting a Spanish tourist visa for a Thai national?

[rasg]

8 hours ago, Betty Buck said:

Does anybody know which other countries are easy to apply to?

We went to the Danish Embassy and got a Schengen visa for Iceland for my wife a few weeks ago. It was free and they did it while we waited...

 

It was the first Schengen we have applied for so it's single entry and lasts for eight days.

 

What is going to be a challenge will be the fairly open ended Schengen visa that I want my wife to have for France. I have a boat and want to take it to France this summer. With weather and tides it would mean that a dates we asked for would have to fairly flexible.

[mgb]

8 hours ago, Betty Buck said:

Has anybody had a positive experience getting a Spanish tourist visa for a Thai national?

Fly via a city of a other schengen country and get a visa for a family member of a eu citizen from the entry country into the schengen area.

[mgb]

1 hour ago, rasg said:

What is going to be a challenge will be the fairly open ended Schengen visa that I want my wife to have for France. I have a boat and want to take it to France this summer. With weather and tides it would mean that a dates we asked for would have to fairly flexible.

Mark other in Field 21 at the application form and write family member EU. (Typo in post 6)
Field 24 mark multi entries.
Field 25 90 for 90 days
Field 29 the planed arrival date.
Field 30 add 179 days to the arrival date.
 

[Betty Buck]

An up date-

Some good news, my husband has been granted a 5 year multiple entry visa for the UK!!

We so are so so happy and now that i am feeling confident we are going to try to get the Spanish tourist visa for him. If anybody has any tips on getting this visa that would be great. We will be handing in the application next week and i will be sure to let you know how we get on.

Thanks again for all of your help. :)

 

[Betty Buck]

My husband has his aappointment at BLS Spain, Bangkok yesterday. He arrived on time at 1.30pm and left the office at 6.30pm! The place is crazy busy. He arrived with all of the documents that we thought would be helpful for the application but the hardly took any of it. Fingers crossed the documents they took will be enough. I will let you all know how how he gets on. 

[whatsupdoc]

On 2/11/2017 at 7:02 PM, theoldgit said:

He would need to apply for a short term tourist visa, it's the same for every Schengen member state.

 

If you look at 4c in the visa fee section http://www.vfsglobal.com/italy/thailand/tourist.html you will see that the fee should be waived.

 

If you look at the list of required documents it mentions the marriage certificate, saying "Only for Thai applicants married to Italian/EU citizens: original Thai marriage certificate translated in English"

 

Whilst the various sections don't advise that some evidence isn't required for people in your husbands position, the application form makes it clearer, where it advises that sections with an asterisk don't need to be completed.

 

The Italian Embassy also offers you the opportunity to lodge the application directly thus bypassing VFS,http://www.ambbangkok.esteri.it/ambasciata_bangkok/en/informazioni_e_servizi/visti/ specifically here Visa appointment can be also scheduled directly with the Visa Office of the Embassy by following these procedures.
   

Very nice those procedures by the Visa Office but:

 

The telephone number is out of order

An email doesn't get any reply

 

Guess you cannot bypass the VFS for a Schengen visa from the Italian embassy after all..........

 

Has anyone managed to get a direct appointment recently?????

[LongTimeLurker]

^ Not recently but in 2014 I applied at Italian Embassy as it was possible to get a direct appointment with them, rather than at the French Embassy which needed to go through the agent. A friend went through the French agent and had to pay agent fees, but no fee for the visa.

 

Last week I applied at Greek Embassy and it's walk in applications.

 

I think if the Spanish have accepted the application then they will issue the visa, otherwise they would have asked for additional documents? Good luck, let us know how you got on as it's a country on the list for future travel.

 

Edit: Italian Embassy were also very helpful and tried to issue visa same day as we had travelled from Pattaya. They asked for insurance which we didn't have but were satisfied that we told them we would get travel insurance prior to the journey.

Edited March 12, 2017 by LongTimeLurker

[Betty Buck]

5 hours ago, LongTimeLurker said:

I think if the Spanish have accepted the application then they will issue the visa, otherwise they would have asked for additional documents?

I really hope so!

I will be sure to let you know how we get on.  

[LongTimeLurker]

On 3/12/2017 at 7:15 PM, Betty Buck said:

I really hope so!

I will be sure to let you know how we get on.  

So how did it go?

[Betty Buck]

Still no news yet!! I will be sure to let you know when we find out. Should find out within about 1 week. 

[happydays]

Hi Betty Buck

 

Glad to hear your husband got his UK visa & good luck with the Schengen.

 

My Thai wife & I were hoping to take a holiday in the UK & Spain but things are looking tricky after her UK visa application was rejected. We've done the same trip before so we weren't expecting any problems but there you go. We've applied again for the UK visa but I'm not sure if we're going to have time to get the Schengen. How long did it take to get an appointment? 

 

Cheers

[Betty Buck]

We went through BLS and we got an appiontment with in a week or so. Good luck to you too! 

[Betty Buck]

My husband has just got his passport back and has a 10 day schengen tourist visa. Luckily we didn't need any longer than that so we are all set for our holiday.

Good luck to you!

[Betty Buck]

.

Edited March 30, 2017 by Betty Buck

[edgarfriendly]

congratulations.

 

my non-married partner is too daunted by the process to try, though she got a uk visa no problem due to our dual-nationality child.

 

does anyone know why spain are so awkward/demanding wrt visas?

Edited March 30, 2017 by edgarfriendly