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1. How strict are the embassies (at least the Czech embassy) on this? Not sure about Czech embassy, but the Spanish embassy refused to accept my marriage certificate because it had not been certified and Apostilled in terms of the Hague Convention by the authorities in my home country. My embassy in London refused to do and said it can only be done by the issuing authorities head office in home country.
2. Anyone know how this might be possible in the UK, to certify it here? Probably not, see above
3. Can my wife apply for the visa as a non spouse? We are happy to pay for the fee. Yes she can, I did this option for Spain as a general tourist and submitted the paperwork asked for. Easier option tbh
3. And if so, what's the likelihood of her getting visa? If her paperwork and funds are in order, should not be an issue at all in getting the visa
Correctthere is nothing that should prevent her from applying as a normal residence?
Not really relevant as it is the marriage certificate they need - Apostilled.in my wives passport on her spouse visa it says "Spouse of XYZ"
It's best to apply directly at the embassy, all applicants have right of direct access to the embassy (thus bypassing any external appointed service partner such as VFS), especially EU/EEA applicants, to avoid arguments with incompetent staff. Some embassies have little experience with these applications, let alone the external service partner. If an appointmentsystem is in place the appointment should be granted within 2 weeks of the request, the visa itself should be processed within 15 calendar days of the application.It is an established principle of EU law in the area of free movement that visa applicants have
the right of choice of the documentary evidence by which they wish to prove that they are
covered by the Directive (i.e. of the family link, dependency ...). Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the
existence of marriage), but should not refuse other means of proof.
3.7. Burden of proof
The burden of proof applicable in the framework of the visa application under the Directive is twofold:
Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He must
be able to provide documentary evidence foreseen above as he must be able to present
evidence to support his claim. If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the Directive.
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),which is reflected in
the exemption for family members of EU citizen s from filling in the following fields of the
visa application form: (..)