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Holiday to Spain (UK citizen husband, non-EU wife)

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Samar85
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Joined: Sun Aug 23, 2015 8:42 am
India

Holiday to Spain (UK citizen husband, non-EU wife)

Post by Samar85 » Mon Feb 29, 2016 11:17 am

Dear all,
I am a UK citizen and my wife is a non-EU citizen living with me on a UK Residency Permit.
We want to take a holiday to Spain.

According to the Spanish Embassy website, "Family members of an EU/EEA National in possession of a valid UK Residence Permit are not required of a visa to enter Spain if traveling with or intending to join the EEA family member" but only if "the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required."

My wife's Residence card states: 'Type of Permit: Spouse/Partner; Leave to Enter'
There is no literal mention of "family member of an EU national"

So am I right in assuming she would therefore need to apply for a tourist Schengen visa, rather than being exempt from the visa application process since she is travelling with me?

Any help would be appreciated.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by noajthan » Mon Feb 29, 2016 11:33 am

Samar85 wrote:Dear all,
I am a UK citizen and my wife is a non-EU citizen living with me on a UK Residency Permit.
We want to take a holiday to Spain.

According to the Spanish Embassy website, "Family members of an EU/EEA National in possession of a valid UK Residence Permit are not required of a visa to enter Spain if traveling with or intending to join the EEA family member" but only if "the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required."

My wife's Residence card states: 'Type of Permit: Spouse/Partner; Leave to Enter'
There is no literal mention of "family member of an EU national"

So am I right in assuming she would therefore need to apply for a tourist Schengen visa, rather than being exempt from the visa application process since she is travelling with me?

Any help would be appreciated.
Yes - Schengen visa.

Your wife's id card is a BRP issued under UK immigration regulations.
It is not an EU/EEA RC or Article 10/20 (etc) type of card issued under EU regulations as you are not classed as an 'EEA national' in the context of immigration law (in UK government's eyes).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Samar85
Newbie
Posts: 30
Joined: Sun Aug 23, 2015 8:42 am
India

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by Samar85 » Mon Feb 29, 2016 12:04 pm

Thank you for your quick response.

In that case, I will apply for a regular tourist Schengen visa for her (do you happen to know how long they normally take to process these, if you've been through the same process? The embassy says 5 working days, do you know any different?)

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by noajthan » Mon Feb 29, 2016 12:34 pm

Samar85 wrote:Thank you for your quick response.

In that case, I will apply for a regular tourist Schengen visa for her (do you happen to know how long they normally take to process these, if you've been through the same process? The embassy says 5 working days, do you know any different?)
No, I've not done that & been to Spain.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

bongwozzer
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Posts: 7
Joined: Sun Feb 21, 2016 8:46 am

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by bongwozzer » Mon Feb 29, 2016 3:35 pm

Honestly I don't know about the Residence Card thing.

If you have a UK passport the (current) rules under Free Movement of family members, your wife only has to prove marriage to you (by way of Marriage Certificate) and the short stay visa should be be issued free-of-charge and supposed to be issued under ' accelerated procedure '.

Even though consulates are not supposed to, some do ask for additional information - eg - a hotel reservation, flight itinerary (not paid-for ticket), etc.

I'm a UK citizen and my wife is non-EU. We were issued with short-stay Schengen visas last year and again this year - free of charge. The visa must be endorsed 'family of EU'or words to that effect.

Download a standard Schengen Visa application form and it will show that Family Members, don't have to complete certain sections relating to Employer / Sponsor or Financials.

Hope this helps

fless1
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Joined: Tue Mar 15, 2016 12:39 pm

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by fless1 » Tue Mar 15, 2016 12:49 pm

I am applying for same visa as you guys with on EU wife. I've printed the application form but it states fee will be visa fees - GBP 47,24 and service fees GBP 23,62

Will they waive these fees when I produce marriage cert?

Samar85
Newbie
Posts: 30
Joined: Sun Aug 23, 2015 8:42 am
India

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by Samar85 » Tue Apr 12, 2016 11:30 am

fless1 wrote:I am applying for same visa as you guys with on EU wife. I've printed the application form but it states fee will be visa fees - GBP 47,24 and service fees GBP 23,62

Will they waive these fees when I produce marriage cert?
My wife took our marriage certificate with her to the VFS centre, as it was one of the required documents to facilitate her visa process (to show that she's married to a UK citizen and I will sponsor her). However, she paid the full fee of £70.

So I think unfortunately there is no fee waiver.

Cayos
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Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by Cayos » Tue Apr 12, 2016 12:11 pm

Has your wife provided all these documents (http://www.vfsglobal.com/spain/uk/londo ... pouse.html), including your passport/ID? Because it looks like her application was accepted as if she is not travelling with her EU spouse, that's why she was charged.

oralsurgeon
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Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by oralsurgeon » Fri Jan 27, 2017 4:31 pm

Hi,
I was under the impression that a non EU spouse accompanying his EU wife and family did not need a visa for holiday to Spain. I may be wrong or the rules have changed.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by noajthan » Fri Jan 27, 2017 8:26 pm

oralsurgeon wrote:Hi,
I was under the impression that a non EU spouse accompanying his EU wife and family did not need a visa for holiday to Spain. I may be wrong or the rules have changed.
In theory there is no difference between theory and practice.

But try boarding a plane without a 'visa'.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

chinkyjoana
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Posts: 38
Joined: Wed Jul 13, 2016 2:54 pm

Re: Holiday to Spain (UK citizen husband, non-EU wife)

Post by chinkyjoana » Wed Aug 02, 2017 8:28 pm

Hello..

I am a non-eu spouse of a eu national. I have a UK residence and is visiting Spain on the 9th of September. I have emailed bls and they confirmed that I don't need a visa since I will be traveling with my husband. But I would still want to get a schengen visa for smooth travel! However I got an appointment on the 09th of August and it's says in the website that minimum processing is 15 days!! I'm afraid it might be more and won't have it before the 09th of september.. anyone here have any experience on how long do they process eh spouse schengen visa?? Thank you in advance!

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