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Schengen visa for foreign wife with uk spouse visa

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snappysnap
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Schengen visa for foreign wife with uk spouse visa

Post by snappysnap » Wed Aug 13, 2014 12:26 pm

Hi all,
I know this has been addressed in different ways before, but it is still not clear to me,

I am a UK citizen (UK passport holder), my wife is Chinese (just received her UK Spouse Visa 2 1/2 year validity)

She is currently in China. Coming to UK soon, when she arrives, we would like to take a driving holiday to France,Germany & Switzerland, staying with friends.

She has had a business Schengen Visa in the last 3 years.

Right, what is the easiest way to get a multi entry Schengen visa for her as my wife.

I assume the marriage certificate is required, it is chinese (married in Beijing), what needs to happen to it, in terms of certifying it.
No disrespect to anybody replying before but many just say certify it etc. but by who and where?

Assuming the marriage certficate is now done, i understand I need, both passports, marriage certificate & translation(certified) for her to get the schengen visa

Travelling to France on the ferry, so anybody who has done it before, can you tell me the procedure based on experience and how long it might take, since what they say on embassy websites and doing it is another thing.

to recap

1/ marriage certificate certification details
2/ schengen visa with frrench embassy
3/ anything else i should know.

Any answers greatly appreciated, hopefully this is the last major hurdle after the marriage docs, then spouse visa application.

Thanks
G

Donutz
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Re: Schengen visa for foreign wife with uk spouse visa

Post by Donutz » Wed Aug 13, 2014 10:34 pm

I'll try to point you in the right direction:
1) First see the 2004/38 sticky since this applies to you.
2) Then read: http://europa.eu/youreurope/citizens/tr ... dex_en.htm
3) Then read the directive (PDF in several languages): http://eur-lex.europa.eu/legal-content/ ... 32004L0038

Basically you are entitled to a free visa, issued swiftly and with minimum hassle or documentation. According to the directive you only need to prove that 1) you are related by marriage (marriage papers, official translation in a language the embassy can read) 2) something to verify you are traveling together to an other EU state, such as a statement by the EU spouse (you) but a flight or ferry reservation is generally what they ask for (if you cannot get one you are not obligated to but it makes things easier if you do). 3) ID yourselves with your passports.

As for the marriage document: get it certified by the relevant national authorities, most often the ministry of foreign affairs in the country of the foreign spouse. But your embassy should have country specific instructions. In some nations they want you to also/instead go to the ministry of justice or elsewhere for instance. Also some embassies ask (wrongly!!) by default for the marriage papers to be legalized by their embassy or even that the marriage is registered in your home EU country. This should not be a standard. They could ask for such if they doubt the genuine status of the papers (fraud, fake, ....).

No need for hotelreservations, proof of funds, insurance etc. etc. Some embassies do ask for this though for EU family applicants travelgn with their spouse which is BS.

On the Schengen application form fill in "purpose: other: joining my UK spouse to France/Germany/whatever".
Write on it that you would like a multiple entry visa since you plan to visit the EU more frequently this and next year(s). Ask for 1-2 (max 5) years. They aren't obligated to do so but it would save them and you time. For you the visa should be free anyway so they would be wasting money if they did not issue a multile entry visa. But some embassies are more difficult then others...

ban.s
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Re: Schengen visa for foreign wife with uk spouse visa

Post by ban.s » Thu Aug 14, 2014 4:40 pm

If both countries are signatories to the Hague Apostille Convention, then simple Apostilled document would suffice.
PRC is not a singatory to the treaty hence the document needs to be legalised before it's accepted. The best option is to check with the visa issuing authority i.e. the French embassy regarding their specific requirements.

If you plan to apply for schegen visa in the UK after your wife's arrival, then definitely it needs to be legalised.
If the visa is applied in China, then it may be accepted without legalisation.

Graham Weifang
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Re: Schengen visa for foreign wife with uk spouse visa

Post by Graham Weifang » Mon Aug 18, 2014 3:40 am

We are off on holiday again soon, this time probably to Portugal for a week.

Like you, I am UK citizen, and my wife is Chinese.
My wife has a 5 years vignette in her Chinese passport,
The wording is RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL, EMPLOYMENT AND BUSINESS ACTIVITIES ALLOWED.

The wording is very specific.

I have received confirmation from our UKBA caseworker, that as my wife has the vignette, in her passport, that my wife does not need any visa to travel to any EU country, providing we are traveling together, and should have no problems exit UK, and entry other country.
The case worker did confirm that a few years ago, this RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL, was not to widely understood, and did cause problems at check-in.

I think we will just go a touch earlier to check-in anyway.

GW

snappysnap
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Re: Schengen visa for foreign wife with uk spouse visa

Post by snappysnap » Thu Aug 28, 2014 2:53 pm

Thanks for your replies, i have made the appointment at the TLScontact centre for the french embassy, which still says bring proof of accommodation, travel etc.

I will have to guess at making a ferry booking and hope the visa is back in a few days, as my wife only has 2 weeks leave before returning to dubai to bring her stuff back to the UK.
G

snappysnap
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Update

Post by snappysnap » Tue Sep 09, 2014 9:35 am

Went to the tons French visa centre, only applicant can enter. my wife was rejected immediately, because no hotel or travel tickets as proof.
I was in the Internet cafe next door which is very good btw. I returned to the tls centre. Spoke to the manager, to say they were not necessary it was a spouse schengen visa. He agreed but said it was the new rules from France all schengen visas need these documents now. I said again European law is the one to be followed in this situation. He said he cannot do anything I should speak to the French consulate. I will email but I imagine they will say 'see website' as usual.
So to point out they know they are breaking the law but typical French don't follow any rules unless it suits them.

I can see it is just another way for the French to try to everybody to use their hotels.

Also our marriage certificate and translation certified by the Chinese foreign affairs office and the British embassy in Beijing is not acceptable now. It has to be done in London, however the Chinese embassy will not do it, they only do documents from the British foreign office and not china, not even their own.

The guy in the Internet cafe was very helpful suggested the German schengen visa.

Checked on my phone, appointment available in 2 hours, got the bus round to the back of paddington station, went to Internet cafe upstairs redid schengen form for Germany. Waited 10-15 min, went in with my wife, marriage pcert and our passports accepted, just waiting for visa now.

Compared to the French it was nice and smooth And easy.

Already complained to my map and French embassy, after I have the contact details Brussels is next.

Donutz
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Re: Schengen visa for foreign wife with uk spouse visa

Post by Donutz » Tue Sep 09, 2014 2:27 pm

You did right, you should be fine.

Know that:
- TLS and VFS are entirely optional for all applicants, especially EU/EEA family member applicants. And that embassies should clearly mention that you have the option of chosing between going via an external service provider (TLS, VFS) or dealing only with the embassy. The maximum waiting time for an direct appointment is within 2 weeks of the request being made with the embassy. Source: Articles 9 and 17 of the EU Schengen Code on Visa. See:
http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

- If you CHOSE to go to TLS/VFS, remember that they are only a handling agency that forwards applications. They do not decide on applications and can only suggest that documents are missing or can be removed. However they should forward the application as presented if so desired. Sadly some people may take the advice from TLS/VFS and add/remove documents even when there is no reason to and may even backfire (especially when removing documents which were meant to support the application).

- The Schengen visa handbook clearly statesthat they cannot ask for hotelbookings etc. Neither can they require that a marriage is acknowled by the authorities of the other partner. The orginal marriage document plus possibly an official translation should be enough, throw in some legalisation by the authortities (generally: Min. of Foreign Affairs) and you should be good to go. If you also have them legalized by the embassy that processes the visa you already got way more then the required minimum. See part 3 of the handbook:
http://ec.europa.eu/dgs/home-affairs/wh ... ted_en.pdf

Surely your application via the Germans will go smoothly. Good luck and do send your experience of the French incompetence, misinformation (lies) to the various authorities higher up the chain (EU Home Affairs, EU representatives -EU mission- in her country, MoFA, ...). If no one does, nothing will change. If enough people stand up, things should change. And nothing ventured, nothing gained right? Keep us posted, cheers!

JayJay1
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Re: Schengen visa for foreign wife with uk spouse visa

Post by JayJay1 » Wed Jan 14, 2015 5:44 pm

Donutz wrote:- TLS and VFS are entirely optional for all applicants, especially EU/EEA family member applicants. And that embassies should clearly mention that you have the option of chosing between going via an external service provider (TLS, VFS) or dealing only with the embassy. The maximum waiting time for an direct appointment is within 2 weeks of the request being made with the embassy. Source: Articles 9 and 17 of the EU Schengen Code on Visa. See:
http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm
These may be the rules, but the French embassy (at least) are not abiding by them. From my experience TLS are now the only way to get a French Schengen visa. Having first gone to the French Embassy next to Hyde Park, I was sent to an office of theirs near South Kensington tube station. This office was locked up with a little sign saying that all applications were now being handled by TLS. There was of course a crappy explanation like 'in order to streamline the experience for all service users' or some nonsense like that. I should have taken a picture.

As I am facing the same problem as the original post (we have a Chinese marriage certificate which needs to be legalised in London in order to get a French Schengen visa, but no-one in London is willing to legalise it), we may consider going to Germany as our main destination instead as per snappysnap's positive experience with the German office.

JayJay1
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Update: Used Czech embassy, got the Schengen visa

Post by JayJay1 » Thu May 14, 2015 11:19 am

My last post:
As I am facing the same problem as the original post (we have a Chinese marriage certificate which needs to be legalised in London in order to get a French Schengen visa, but no-one in London is willing to legalise it), we may consider going to Germany as our main destination instead as per snappysnap's positive experience with the German office.
Update:

We went to the Czech embassy instead and they accepted our documents without hassle. This meant changing our travel plans to make Czech Rep our primary destination - not an ideal solution for most people.

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