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Betty Buck

Spanish schengen visa for Thai spouse with UK citizen

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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 . 

 

 

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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.

 

 

 

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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.

 

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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.

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"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.

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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.

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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.  :saai:

 

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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.
   

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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.  :saai:

 

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 by mgb

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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

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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!!

 

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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.  

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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. :saai:

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