non eu spouse schengen visa

[james781978]

dear all

I am british citizen liveing in germany , i am marred to iraqi citizen , now we are both in iraq 2 weeks ago my wife applied for schengen visa tourist to spain in iraq from vfs globle as we maintioned Directive 2004/38/ec we would like to spend 10 days in spain.

12-06-2016 submited from vfs

we have being told document should be in spain emb ankara on 20-06-2016

I do undirstand visa should be free bu vfs cost her visa $96 as i have explined to vfs center maneger this visa should be a free but he did charge her $96.

I have contact spain emmbassy in Turkey,ankara

here is reply

Dear Sir,

We will respond you as son as we will receive your visa application in Akara.


deucment submit

Application form and photo
her passport
copy of eu passport

leglaized and translated to english marrige cirtifcut

booking hotel confirmation

both of us cover letter

my quistion is

I am wondering can she git refuse becuase of marrige cirtifcut translated to english not spanish or to do anythings with Eu refrandum?


kind regard
thanks in advance

[james781978]

updatig

today i have recived email from spanish emmbassy in ankara

Dear Madam,

According to Spanish law you need to submit a document issued by the Brittish Authorities stating that they recognize the marriage. This document can be issued by the local Embassy or Consulate.

Unless we receive this document your application will not be recognized as spouse of EU citizen and therefore you will be charged visa fees.



any one can advice me what to do please.


many thanks

[james781978]

updating

second email from spanish emmbassy

Dear Madam,

Your application will be examined and you will get an answer at its due time.

In the meantime we suggest you try to get the certififcate form the UK Embasy and have it sent to us.

[james781978]

any advice pleace


as we have submited iraqi marrige cirtificut and leglized i dont undirstand what cirtifciut they need?



we would like to hear from you guys plzzz



thank you all

[mgb]

updatig

today i have recived email from spanish emmbassy in ankara

Dear Madam,

According to Spanish law you need to submit a document issued by the Brittish Authorities stating that they recognize the marriage. This document can be issued by the local Embassy or Consulate.

Unless we receive this document your application will not be recognized as spouse of EU citizen and therefore you will be charged visa fees.

You could answer in the following sense:


Dear Madam Sir,

I'm a little bit surprised about this precondition.
Can you point to the clause in the Real Decreto 240/2007 where this precondition is written.

[james781978]

thank you so much mgb for your kind replay





email sent to spanish embasy.

i have contacted british embassy in iraq they said we dont issuer cirtificut any more to spain.





kind regard

[james781978]

updating


email from EU Advice


Dear Madam,

I understand that your spouse is an EU national. Thus, as you point out in your enquiry, in your condition of spouse of an EU national you are entitled to obtain an entry visa for Spain free of charge, according to the EU and Spanish law (Article 5 of Directive 2004/38/EC and Article 4(2) of Spanish Royal Decree 240/2007)

In this respect, you just need to prove your marriage with your spouse, so it is not required that you prove having hotel bookings either (or any other conditions), which is also unnecessary, disproportionate and contrary to the abovementioned EU and Spanish law.

In the light of the above, if the Spanish consular authorities have issued you a visa as a family member of your spouse (as it seems to be the case according to the documents that you have presented for the visa obtaining) it should be free of charge, so any payment that they may have ask you to do is contrary to the abovementioned Spanish and EU law. As a consequence, you may request the help of SOLVIT, our sister organization. SOLVIT is an online problem solving network in which EU countries work together to solve (without legal proceedings) problems caused by breaches of EU law by public authorities. The services provided by SOLVIT are free of charge. The target deadline for finding a solution to the problem is 10 weeks (once all the necessary documents have been received and the case has been accepted by the SOLVIT center of the country where the problem has occurred. Please use the following web form to explain your case (in the language of your choice): http://ec.europa.eu/eu-rights/enquiry-c ... solvit-web. On the "Submit a complaint" screen, please choose the second option "Help to get my EU rights recognised ". Please do not choose the first option as you would simply be submitting a new enquiry to us. To know more about SOLVIT, please visit the SOLVIT website: http://ec.europa.eu/solvit/site/index_en.htm

I hope you find this information useful.

Best regards,

Your Europe – Advice

To submit another enquiry, please visit Your Europe Advice, but do not reply to this

[Sincejune]

updating


email from EU Advice


Dear Madam,

I understand that your spouse is an EU national. Thus, as you point out in your enquiry, in your condition of spouse of an EU national you are entitled to obtain an entry visa for Spain free of charge, according to the EU and Spanish law (Article 5 of Directive 2004/38/EC and Article 4(2) of Spanish Royal Decree 240/2007)

In this respect, you just need to prove your marriage with your spouse, so it is not required that you prove having hotel bookings either (or any other conditions), which is also unnecessary, disproportionate and contrary to the abovementioned EU and Spanish law.

In the light of the above, if the Spanish consular authorities have issued you a visa as a family member of your spouse (as it seems to be the case according to the documents that you have presented for the visa obtaining) it should be free of charge, so any payment that they may have ask you to do is contrary to the abovementioned Spanish and EU law. As a consequence, you may request the help of SOLVIT, our sister organization. SOLVIT is an online problem solving network in which EU countries work together to solve (without legal proceedings) problems caused by breaches of EU law by public authorities. The services provided by SOLVIT are free of charge. The target deadline for finding a solution to the problem is 10 weeks (once all the necessary documents have been received and the case has been accepted by the SOLVIT center of the country where the problem has occurred. Please use the following web form to explain your case (in the language of your choice): http://ec.europa.eu/eu-rights/enquiry-c ... solvit-web. On the "Submit a complaint" screen, please choose the second option "Help to get my EU rights recognised ". Please do not choose the first option as you would simply be submitting a new enquiry to us. To know more about SOLVIT, please visit the SOLVIT website: http://ec.europa.eu/solvit/site/index_en.htm

I hope you find this information useful.

Best regards,

Your Europe – Advice

To submit another enquiry, please visit Your Europe Advice, but do not reply to this

Iam also British citizen,One of the Eu embassy said the same thing when I applied for schengen visa under eu free movement law for my wife.

They refused her application and my wife to attest our marriage certificate by British embassy in Afghanistan. I told them they are wrong British embassy never stamp foriegn documents. I complained to solvit and also complained directly to that eu country foriegn ministry public relations office by
email that embassy staff are unprofessional and don't understand the eu laws. And asked them to send me the list of documents required for schengen visa for spouse of Eu citizen.

They send me an email back with required list of documents and said they will contact the embassy if they will reconsider after few days the embassy sent us another appointment and we went they took our application and issued the visa after 10 days.

So my advice is tell solvit to register your complaint to contact the Spanish embassy and also Google to find Spanish foriegn ministry email complain to them about the embassy and forward that solvit email to the embassy and foreign ministry.

Good luck.

[james781978]

thank you for your information


yes i have already emailed uk solvit and spanish solvit and spanish minster i have not heard any replay from any of them yet.i am sure they wrong becouse our marrige is legal and leglized already.

i do hope in the end everything become fine



thanks

[james781978]

Updating..

as i have contacted spanish embassy in turkey.ankara i would to knwing statas of my non eu spouse schengan visa.

here is replay from spanish embassy.


Dear Ms. xxxxx

According to Spanish legislation you will need to submit a legalized copy of your marriage certificate, this legalization should be done at the Spanish Embassy in Baghdad.

This legalization will prove your marriage, but as we previously informed you, it is not enough to exempt you from requirements or visa fees.

You can apply as well for an ordinary Schengen visa, for instance for tourism purposes, but the marriage will not be taken into consideration, in order to consider the non-EU spouse as beneficiary of EU law, as its validity in the UK is not properly proven.
----------------------------------------------------------------
i have replyed back to them.

as i do lives in north of iraq it is not safe for me travle to bahgdad can i please go to any spanish consulat in north of iraq insted baghdad.

i dont undisrtand why they dont accept our leagl iraqi translated and leaglizetion by iraqi authoirty marrige cirtifcut.


I have inform solvit our problem.



best regard
jamy

[DD1978]

i am so unhappy about spanish embassy in turkey,ankara

i have kindly asked about my non eu spouse visa application status here is email from them.

Dear Mrs XXXX

In order to be able to complete visa procedures we kindly ask you to submit the following documents:

- Economic means
- flight reservations.
- travel insurance


It seems that the documents you handed in were missing / incomplete and therefore must be submitted in order to finish your visa procedures. Failing to do so will most possibly mean refusal of the visa.

Yours,

Sección Consular
Embajada de España en Ankara

Consular Section Konsolosluk Bölümü
Embassy of Spain in Ankara İspanya Büyükelçiliği Ankara


I have complained to solvit,I really dont now what eals i can do

any one hade same problems please share your story

kind regard

[james781978]

dear all


any one can advice us please.

whats residence card requirements in germany for non eu spouse ,as i am british citizen lives and just started to work.

i dont have payslips yets

but i have work contract.

i have being told by german authority to bring a payslips.

any one have any information please.

kind regards

[mgb]

The work contract should be enough.
There is no requirement for payslips in the german implementation of the eu directive.