new married couple (me - british, her - indian)

[theunforgiven]

Hello

Been reading a lot about this on the forum but I just want to get it cleared so that I can make sure there is no confusion.

So I just got married in India last month and we are now both living together in the UK. I am a british citizen with a british passport and she has an indian passport. She had no problem getting her spouse visa but it was only issued for 33 months. No where on the visa does is say residence permit. The visa is called UK entry clearance and under type it says spouse visa and spouse of with my name. It has an expiry date of sometime in 2017 as well.

So with these things on there, would we still be considered ok as my wife and travel europe? I was looking into applying for a schengen visa for her, because it's free anyways and it will take the hassle out of dealing with all the immigration officers but I was looking at the spanish consulate website and it said she has to be a permanent residence of the UK? Or do you guys think its better just to apply for a UK residence card? Or if she will be eligible at all for the freedom of movement under a spouse visa?

Also, we've got a marriage certificate issued in India. Its in English and everything so does it still have to be validated from the embassy here?

Regards,
theunforgiven

ps - oh and it also says no recourse to public funds in her visa. not sure if that makes a difference.

[CR001]

it said she has to be a permanent residence of the UK?

It does not say that. She can apply for a Schengen visa to travel to Europe as long as she meets the requirements.

Or do you guys think its better just to apply for a UK residence card

Not relevant to you as she is already in the UK on a spouse visa under the UK Immigration rules. Residence Permit is relevant to the EU rules for non EU family members of EU citizens (excluding British).

if she will be eligible at all for the freedom of movement under a spouse visa?

She is under UK immigration rules. It is better to obtain a Schengen visa.

does it still have to be validated from the embassy here?

It might need to be yes.

[theunforgiven]

so would that be schengen visa like normal with the 60 euros charge or would it be the free one under the spouse visa?

[CR001]

It should be free with the exception of the visa facilitation office charge but they might ask for marriage certificate to be stamped with the apostille stamp.

When I applied for a Schengen visa, I paid full fee as my marriage certificate was not stamped and it was too much of a hassle to get it done as would have had to be sent back to South Africa to do as embassy would not do as we got married in South Africa.

So I applied for a normal tourist visa and submitted all the paperwork required as it was easier.

[theunforgiven]

right, so i've sorted out out marriage certificate to be apsotille stamped from the Indian Embassy. So from your guys experience, which would be the best embassy to apply for EU spouse visa from for free? and would it be possible to do it without giving any proof of travel?

[Casa]

You need to apply from the foreign Consulate of the country where you will be entering. For example, you can't apply for an Italian Schengen visa if you're travelling to Spain.