spouse visa to Italy! (Docs needed)

[redordead]

Hi

My wife has booked an appointment for a visa for next month, and i would like for you to clarify what documents we need to present please. Please be aware that i am an UK citizien, my wife is a Thai citizien, and we are both living in Tenerife. My wife has spanish residency, (although it has expired and we have an appointment to renew it in November) and we both wish to join my father (italian) in italy to live.

On the website esteri.it it stats i need the following...

1. Visa application form (click here)
2. recent passport-style photo
3. Passport or travel document valid for at least three months after visa expiry date.
4. Copy of the EU or European Economic Area citizen’s identity document or passport along with a declaration requesting the presence of the family member in Italy and swearing to be in possession of the requisites foreseen by the law.
5. administrative documentation (marriage certificate, birth certificate, etc.) attesting to the familial relationship.
6.in the case of minor children, written permission from the child's other parent for visa to be issued.

I understand all the points except number 4. What would be a "with a declaration requesting the presence of the family member in Italy and swearing to be in possession of the requisites foreseen by the law".

And point number 5 would be our 'thai marriage certificate' accompanied with an official translation in italian..correct?

Regards, James Daly

[Donutz]

- Your wife probably has no Spanish residence card that says she is a family member of an EU/EEA citizen (not sure of Spanish residence cards for the Canary Islands are different from the Mainland, for the Spanish Mainland she'd be entitled to a " family member of EU/EEA citizen" RC)? if she has/had one she could travel visa free to the EU/EEA member states as per Freedom of Movement 2004/38/EC. See stickied thread.

- If moving from outside the EU/EEA area (thus without EU/EEA RC), you will need a visa, issued with minimum paperwork (marriage certificate, official and certified translation) and for free as part of the before mentioned directive.
-- http://europa.eu/youreurope/citizens/tr ... dex_en.htm
-- http://europa.eu/youreurope/citizens/re ... dex_en.htm

[redordead]

She has a spanish residence card that has expired, september 1st 2014. It was issued in alicante on the mainland. It has my NIE number and name on the back.

[redordead]

So that means she doesnt need a visa?

[Donutz]

AFAIK the islands are part of the Schengen area and your wife has a normal Spanish residence permit. Question is why she does not have one that says she is a family member of an EU/EEA citizen. As a Brit (or any other EU national except Spaniards in Spain) your direct family from outside the EU should get an EU/EEA residence card issue under freedom of movement (2004/38/EC). Which such a card you can travel visa free throughout the EU/EEA.

If she has a normal residence permit (which is still valid), she can use that to travel through the entire Schengen area. But it does not give access to other EU/EEA nations. I assume she still has legal residency but her card expired? Get a new one.

If that fails (she has no valid card to show at the airport/border), she could travel with you (preferably with a free visa) to Italy. As your wife she would have access under the freedom of movement directive. See the before mentioned EU webpages for details, aswell as the stickied threads.