Spouse of EU citizen travelling to Malta - Questions

[foggyhorse]

Hello everyone, long time lurker but first time poster so go easy on me! I have some questions regarding how my wife and I need to go about applying for a Schengen visa for her to accompany me to Malta. Apologies if this is covered elsewhere but I could find no post that provided all the answers I am seeking....

In short, I am a British citizen temporarily living in Peru with my Peruvian wife. We are planning to move to Malta in August of this year and would like to better understand what is required for her to obtain a Schengen visa as the spouse of an EU citizen. We are intending to settle in Malta and as such, I intend to exercise my right of free movement in accordance with Directive 2004/38/EC of the European Parliament. My wife will travel with me on all stages of the journey to Malta.

If anyone could help answer some, if not all, of the following questions, I will be eternally grateful!

- We are both currently in Lima, Peru. However, Malta does not have direct representation here and instead, is represented by the Austrian Embassy. Does her application for a Schengen visa therefore need to be made in accordance with Austrian requirements for the issuance of such visas, or in accordance with Maltese requirements (if, indeed, they differ)?
- As there are no direct flights from Lima to Malta, we are intending to first fly to Madrid and then from Madrid to Malta. I assume that by applying for a Schengen visa to the Austrian embassy that represents Malta in Peru, there would be no problems with us entering Madrid on this visa?
- Do I need to buy airline tickets before applying for the Schengen visa or can I apply for the Schengen visa before I book my tickets?
- Is there a requirement for the issuance of a Schengen visa that my wife must have a return ticket to Peru even though we plan to settle in Malta indefinitely? Do I similarly need to provide proof of a return ticket to somewhere outside of the Schengen zone? If not, will we encounter problems if travelling to Malta on one-way tickets?
- As we are looking to settle in Malta, does my wife need to apply for a long stay Schengen visa (i.e. one that would permit her to stay in Malta with me for more than three months)?
- Eventually, we would like to make a couple of short trips from Malta to other countries in the Schengen zone. Does my wife therefore need to apply for a multiple entry Schengen visa?
- What documents, if any, will we need to present on arrival at the Spanish and/or Maltese border(s)?
- Having already contacted the Austrian embassy here in Lima, we have been told that my wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta. I believe this to be incorrect as according to the "Handbook for the processing of visa applications and the modification of issued visas " (see link below, page 88) “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)” What, therefore, is your opinion on this?

http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

- If my wife is required to have travel insurance for the Schengen zone and given the fact that we intend to remain in Malta indefinitely, for what length of time should we purchase cover?
- As we got married here in Peru, our marriage certificate is in Spanish. I assume that we will need an apostille for this. Could we get this done at the UK embassy in Lima, or does this need to be done by a Maltese representative in Peru?
- Does our marriage certificate need to be translated to English in order for us to apply for a Schengen visa?
- Do we need to include a covering letter in the application and if so, what sort of information do we need to provide?

Apologies for the long message but if anyone has any advice, that would be great.

Thanks in advance for your time and assistance.

Craig

[chaoclive]

Just a tip: next time, you might want to number your questions. It's a little hard to follow when the list is so long...

[foggyhorse]

Apologies. I did try and make it more readable and was playing with the "List" option when composing a message but got confused (now that I have hit 30, I seem to be having more and more frequent technical problems!).

I am re-posting for clarity. Hope this is better:

1) We are both currently in Lima, Peru. However, Malta does not have direct representation here and instead, is represented by the Austrian Embassy. Does her application for a Schengen visa therefore need to be made in accordance with Austrian requirements for the issuance of such visas, or in accordance with Maltese requirements (if, indeed, they differ)?

2) As there are no direct flights from Lima to Malta, we are intending to first fly to Madrid and then from Madrid to Malta. I assume that by applying for a Schengen visa to the Austrian embassy that represents Malta in Peru, there would be no problems with us entering Madrid on this visa?

3) Do I need to buy airline tickets before applying for the Schengen visa or can I apply for the Schengen visa before I book my tickets?

4) Is there a requirement for the issuance of a Schengen visa that my wife must have a return ticket to Peru even though we plan to settle in Malta indefinitely? Do I similarly need to provide proof of a return ticket to somewhere outside of the Schengen zone? If not, will we encounter problems if travelling to Malta on one-way tickets?

5) As we are looking to settle in Malta, does my wife need to apply for a long stay Schengen visa (i.e. one that would permit her to stay in Malta with me for more than three months)?

6) Eventually, we would like to make a couple of short trips from Malta to other countries in the Schengen zone. Does my wife therefore need to apply for a multiple entry Schengen visa?

7) What documents, if any, will we need to present on arrival at the Spanish and/or Maltese border(s)?

Having already contacted the Austrian embassy here in Lima, we have been told that my wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta. I believe this to be incorrect as according to the "Handbook for the processing of visa applications and the modification of issued visas " (see link below, page 88) “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)” What, therefore, is your opinion on this?

http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

9) If my wife is required to have travel insurance for the Schengen zone and given the fact that we intend to remain in Malta indefinitely, for what length of time should we purchase cover?

10) As we got married here in Peru, our marriage certificate is in Spanish. I assume that we will need an apostille for this. Could we get this done at the UK embassy in Lima, or does this need to be done by a Maltese representative in Peru?

11) Does our marriage certificate need to be translated to English in order for us to apply for a Schengen visa?

12) Do we need to include a covering letter in the application and if so, what sort of information do we need to provide?

[liksah]

Having already contacted the Austrian embassy here in Lima, we have been told that my wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta. I believe this to be incorrect as according to the "Handbook for the processing of visa applications and the modification of issued visas " (see link below, page 88) “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)” What, therefore, is your opinion on this?

First off, this is absolute bullshit. I've been told this several times, but every time, I have pointed them to the directive (you can send them an email with a link to the PDF) and have been able to avoid all that.

Now, here's the basic procedure:
1. Enter Malta on a short stay Schengen visa (it's a regular tourist visa - embassies call it an Entry visa though when it is used for spouses).

2. Apply for a Maltese residence card for your wife (this normally has a procedure like: Register your home address with the police, get a tax number, apply for residence card..). The procedure differs from country to country so best to check with the authorities in Malta.

So, regarding getting a tourist/entry visa. You are only required to supply the documents that the directive lists. Really, at the MOST an embassy can request a ticket to prove that you are traveling together and travel insurance. You should purchase travel insurance anyway. The period of insurance ? The period should be of at least 3 months.

You don't really have to tell the embassy anything about why you're going to Malta. One way tickets should be fine even.

But, sometimes embassies are asses. I've had a German friend in Dubai have a lot of trouble with the German embassy there (for a visa for his Lebanese wife). They just completely ignore the directive and he doesn't feel like fighting with them every single time. I've had better luck with Portuguese embassies.

If your marriage certificate is in Spanish it shouldn't need translation as far as I know because Spanish is an official EU language. For the apostille, that would be done by the PERUVIAN authorities. There must be a procedure that you can follow in Lima to get this done - only if the embassy requests it though.

Also, it's fine to enter any other Schengen country first and then go to Malta.

You'll need to work around a bit of stubborn bureaucracy (don't we all..) but understand that your wife has rights as the wife of an EU citizen. She has a right to reside and work in any EU state with you and the only circumstance that can impede that right is if she were a threat to public security. (and the burden of proof even for this is on the embassy/consulate involved).

As such, you need to follow the directive exactly and let the embassy know that you (and she) know your rights. You will be happy to provide the documents that are within the scope of the directive.

I hope you don't miss Peruvian food too much. It really is good, YUMMY

[foggyhorse]

Having already contacted the Austrian embassy here in Lima, we have been told that my wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta. I believe this to be incorrect as according to the "Handbook for the processing of visa applications and the modification of issued visas " (see link below, page 88) “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)” What, therefore, is your opinion on this?

First off, this is absolute bullshit. I've been told this several times, but every time, I have pointed them to the directive (you can send them an email with a link to the PDF) and have been able to avoid all that.

Now, here's the basic procedure:
1. Enter Malta on a short stay Schengen visa (it's a regular tourist visa - embassies call it an Entry visa though when it is used for spouses).

2. Apply for a Maltese residence card for your wife (this normally has a procedure like: Register your home address with the police, get a tax number, apply for residence card..). The procedure differs from country to country so best to check with the authorities in Malta.

So, regarding getting a tourist/entry visa. You are only required to supply the documents that the directive lists. Really, at the MOST an embassy can request a ticket to prove that you are traveling together and travel insurance. You should purchase travel insurance anyway. The period of insurance ? The period should be of at least 3 months.

You don't really have to tell the embassy anything about why you're going to Malta. One way tickets should be fine even.

But, sometimes embassies are asses. I've had a German friend in Dubai have a lot of trouble with the German embassy there (for a visa for his Lebanese wife). They just completely ignore the directive and he doesn't feel like fighting with them every single time. I've had better luck with Portuguese embassies.

If your marriage certificate is in Spanish it shouldn't need translation as far as I know because Spanish is an official EU language. For the apostille, that would be done by the PERUVIAN authorities. There must be a procedure that you can follow in Lima to get this done - only if the embassy requests it though.

Also, it's fine to enter any other Schengen country first and then go to Malta.

You'll need to work around a bit of stubborn bureaucracy (don't we all..) but understand that your wife has rights as the wife of an EU citizen. She has a right to reside and work in any EU state with you and the only circumstance that can impede that right is if she were a threat to public security. (and the burden of proof even for this is on the embassy/consulate involved).

As such, you need to follow the directive exactly and let the embassy know that you (and she) know your rights. You will be happy to provide the documents that are within the scope of the directive.

I hope you don't miss Peruvian food too much. It really is good, YUMMY

Thanks liksah and I like your choice of words! It certainly is bullshit! I have informed them of the directive on a number of occasions and they seem to be learning, albeit slowly. They were of the opinion that my wife had to pay for the visa at first.

One thing that does worry me is the issue of return tickets. Now I know the embassy doesn't need to know whether tickets are one-way or return, but I can't help but worry the airline won't let my wife board if she's not in possession of a return. I have emailed them about this but they don't really seem to understand. Iberia, for example, seem to think that this is a question I need to ask of the embassies, whereas I do know some airlines can cause trouble for non-EU nationals not in possession of a return. The only thing I can think to do to avoid this risk is to either buy a return and then not board the flight, or buy a flexible ticket (much higher up-front costs) and then cancel it on arrival.

[foggyhorse]

I emailed SOLVIT earlier this week and it seems even they don't know what they're talking about. Take a look at this I have copied and pasted from their reply:

You can write directly to the Malta Visa Unit in case that you need to confirm further requirements re. your stay in Malta. Your wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta to help you obtain her visa faster.

Just to confirm, she does not need to provide personal financial accreditation/employment record, right? Where do they get this information from? And what can I say to them to prove this is not necessary?

[bluecole2]

Dear foggyhorse,

You worry too much, however I can understand.

Yourself and your wife will be fine as long as you do your research properly and support your wife's application with a detailed cover letter.

VIsa-
Feel free to apply for multiple entry visa.

Single ticket-
- you may get a single ticket for your trip, hopefully the case worker will be knowledgeable enough to deal with your wife's visa in accordance with the directive. You may also provide a cover letter detailing on what ground you're applying and why you do not have a provide some documents.
- or get a single ticket and a separate fully refundable ticket and then cancel it when you get to Malta
- or the Airliners shouldn't be a problem, they are not immigration officials, as long as you provide a valid visa for your trip it is not their business whether or not you do not have a return ticket. Based on experience in UK they seemed well trained on EEA matters, however approach in Peru may be very different. So what you may do in the event you're denied boarding is- 'make sure you get a written confirmation on why, you and your wife have been denied boarding and what document you provided them. Speak to a manager and get his/her details, then pursue compensation.

Wedding certificate-
- I believe you are not required to translate it because official language in Peru is Spanish.
- do not forget to have your marriage certificate with you when you travel.

Malta- when you get to Malta, apply for a residence card for yourself and your wife either as a worker, student or self sufficient person. Remember that if you're applying other than a worker, your will require a health insurance.

Best wishes

[foggyhorse]

Dear foggyhorse,

You worry too much, however I can understand.

Yourself and your wife will be fine as long as you do your research properly and support your wife's application with a detailed cover letter.

VIsa-
Feel free to apply for multiple entry visa.

Single ticket-
- you may get a single ticket for your trip, hopefully the case worker will be knowledgeable enough to deal with your wife's visa in accordance with the directive. You may also provide a cover letter detailing on what ground you're applying and why you do not have a provide some documents.
- or get a single ticket and a separate fully refundable ticket and then cancel it when you get to Malta
- or the Airliners shouldn't be a problem, they are not immigration officials, as long as you provide a valid visa for your trip it is not their business whether or not you do not have a return ticket. Based on experience in UK they seemed well trained on EEA matters, however approach in Peru may be very different. So what you may do in the event you're denied boarding is- 'make sure you get a written confirmation on why, you and your wife have been denied boarding and what document you provided them. Speak to a manager and get his/her details, then pursue compensation.

Wedding certificate-
- I believe you are not required to translate it because official language in Peru is Spanish.
- do not forget to have your marriage certificate with you when you travel.

Malta- when you get to Malta, apply for a residence card for yourself and your wife either as a worker, student or self sufficient person. Remember that if you're applying other than a worker, your will require a health insurance.

Best wishes

Thanks bluecole. Yep, I have been told on many occasion I worry too much!

Cheers,

Craig

[Donutz]

Having already contacted the Austrian embassy here in Lima, we have been told that my wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta. I believe this to be incorrect as according to the "Handbook for the processing of visa applications and the modification of issued visas " (see link below, page 88) “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)” What, therefore, is your opinion on this?

First off, this is absolute bullshit. I've been told this several times, but every time, I have pointed them to the directive (you can send them an email with a link to the PDF) and have been able to avoid all that.

Indeed, though if an embassy gives you BS regarding any aspect of the rules, complain and inform @ the EC Home Affairs. They will take it up though they are a bit slow to do so...

http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

Common violations are directing people to an external service provider, not sticking to maximum processing times, not applying EU/EEA family rights properly, not informing people properly regarding these and other aspects etc. Sadly nothing will change if people don't stand up and complain (after getting the visa) to the various authorities: embassy, ministry of foreign affairs of said country, the EU EC or use Solvit etc. Make me wish there were EU embassies only for all Schengen and UK applications, staffed undr payroll of the EU so that a member state can't BS around.

As for tickets: certainly no need for a return ticket, a reservation would be entirely optional aswell aslong as you make it evident that you are traveling together, a written and signed letter by the EU spouse could accomplish this. Though a ticket reservation ofcourse is extra evidence that you will travel together, but if you cannot provide this for whatever reason, this should be fine. The Schengen Visa Handbook does not require a ticket or reservation for EU family members, it just says that some the applicants must show they are planning to travel together. So I'd write a nice letter, write on the form "reason: other -> joining EU spouse to Malta" and for good measure include a (return?) airplane reservation.

[liksah]

Regarding return tickets, airlines *mostly* ask for return ticket reservations when you are entering a country with visa on arrival or visa free entry. The schengen countries are extremely strict about visas in general and therefore airlines on most occasions just assume that this person will not be turned back at immigration if they have a valid visa.

Furthermore, airline liability ends if the person has a valid visa. Here's the deal:

If you board an airplane without the right entry documents and end up at immigration at the destination country - the airline is liable for deporting you back. Hence the crazy return ticket harassment. They do not want to carry that expense.

A valid visa is a proper entry document, hence the airline has *zero* liability and will not hassle you about a return ticket *in most cases*. There's always the odd ball around who makes it his business to mess with everyone, but speaking to a supervisor usually fixes the issue.

Here's my personal advice on the issue. Your wife is Peruvian. She probably has family in Peru. Maybe you want to visit Peru sometime in the future. Normally trans-atlantic flights when booked one-way are about 80% of the cost of a two way ticket. Meaning, if a return flight is $1000, one way is almost always $800 or so. So if you were to book your return at a future date, it would be $1600 for a return flight in total according to this example.
If you were to book a return ticket 12 months from now, which is mildly flexible (even with a penalty, you still have a $600 difference to burn through in terms of flight changes to actually hit the single ticket two way price). Flight changes are normally $100 or $150 (Iberia's $150 I think.. so even if you were to change your return dates later, you'd still pay $300 for two people to use the ticket later - still savings of $300 in the long term). Of course, you probably don't want to think about all this right now - and want to keep dates open - so you can always get a one way ticket

Make sure you have your marriage certificate with you when you move, you'll need it for several things and it is a very powerful document for your wife because it gives her decent rights in the EU (which you mostly have to fight for, but they exist by law).