Do I need a schengen visa to travel to Spain

[fayj30]

My husband was born in the UK (parents are spanish lived in the UK for 40 yrs and retired back to Spain about 5 yrs ago). My husband holds a spanish passport and I have a residence card based on our marriage.

We have a holiday booked to Spain for 2 weeks in July 2009 (we are travelling together). I have read on some forums that I do not need to apply for a schengen all I need to show at immigration in Spain is our marriage certificate and the EU directive exempting family members of EU nationals from applying for a schengen.

I just wanted to check if any one has recently gone to Spain who is on a residence card and have not applied for a Schengen and what experience you had?

Thanks

[John]

It really would be helpful if you told us your nationality!

[fayj30]

I am south african. I do know South African's need a Schengen but I am not sure if we need one if you are married to a European National?

[86ti]

EU regulations would allow you to travel without visa should you hold a RC which you do.

Practically there may still be problems though. In fact, I remember two cases reported in the past on this forum where the non-EEA national has been even deported by the Spanish authorities (I think one was Colombian and the other Russian). The Spanish implementation of the EU law was faulty in that they only accepted Schengen issued RCs for visa free travel.

I do not know if the situation has improved since then. The other problem of course is the uber-friendlyness of the Spanish embassy in London...

[John]

Adding to what 86ti has already posted, there is another possible problem .... will the check-in staff at the airport let you check in? Yes they should, given you do have the right to enter "Schengenland", but it is not unknown for non-Schengen visa holders, in your situation, being refused check-in.

If you do chance it, suggest you go to the airport and to Spain with printouts from the internet that spell out the right of entry that you have.

[fayj30]

Thank you for your advice. This is our first family holiday to Spain and am concerned that I might have problems entering into the country with out a valid visa even though I have a valid RC. We are flying into La Caruna so I hope that if I do enter without a visa the immigration officers will be aware of the Directive but I suppose I have to be prepared for the worse case scenario.

[knapps]

same situation here i live in ireland with my eu wife and have eufam4 card..the spanish embassy said i do need a shengen visa however, belgium, czech republic,netherland and etc said i do not i can tranvel with my wife on my card but spanish embassy said no....and it has been since 1 week i sent them email to give me date to come to them but no response and phone number never worked. we are going on holidays to majorca in may and im just panicky now...i think i should apply for a slovak visa and use it for spain atleast they are quick to response spanish embassy sucks in Dublin

[knapps]

you should apply for visa otherwise they wont let you enter i guess...they are strict and eu directive is the last thing an officer knows about

[fayj30]

Ok, thanks, I made an appointment with the Spanish embassy in London got an appointment for May.
Do u perhaps know how long the visa takes to process? Do you perhaps know if my inlaws can write the letter of invite and get it certified from the Spanish police or does the spanish police have to write the letter, also can they provide a utility bill as proof of address or does it have to be the deed of sale?

Thanks

[knapps]

here in ireland it says 10 working days so do not know in the uk should find out also it should be dealt on priority as being a eu spouse, you do not need alot of stuff , letters etc check on the embassy website my interview date is in april

[ca.funke]

...My husband holds a spanish passport...
...I have a (my interpretation: UK) residence card based on our marriage...

...I am south african...

Yes, if you are travelling together with your husband you are entitled to travel to Spain (and all other countries of the EU/EEA) without a visa. See >>here<<.

In order to actually be able to travel, I recommend taking all of >>these<< papers.

Good Luck and enjoy the sunshine.

[ca.funke]

...given you do have the right to enter "Schengenland"...

With UK and Irish RC's it's unfortunately no longer correct that you have the right to enter "Schengenland" You "only" have the right to enter all EU/EEA-countries, not Schengen as such.

If you want to know about the how-and-why it's discussed in >>this<< thread.

The very quick summary is: You may enter all of Schengen, with the exception of Switzerland. (Quite ridiculous, but that's the way it is.)

[ca.funke]

This is the same topic as >>this<<.

What do yee all want to do in Spain, especially considering the attitude of their embassies?

If you are looking for "usual" summer-holidays, I'd recommend Malta: It's a lovely place, and they allow you to enter without any problems, as can be seen >>here<< and >>here<<.

[John]

The very quick summary is: You may enter all of Schengen, with the exception of Switzerland. (Quite ridiculous, but that's the way it is.)

Thanks for that. I stand corrected. Of course Switzerland is not in the EU or the EEA, and thus has slightly different rules. However, in reality, and do correct me, if someone travelled to say France or Germany, and then across the land border into Switzerland, the Swiss authorities would not be aware of their presence in the country.

[ca.funke]

...if someone travelled to say France or Germany, and then across the land border into Switzerland, the Swiss authorities would not be aware of their presence in the country.

Yes - and this is actually a problem: Because if you are checked for whatever reason, your presence is illegal.

I wrote an email to the Swiss authorities, telling them that it might even happen that people accidently travel to CH without a visa (through one of the neighboring countries), thinking "it's all Schengen and the sun is shining", thus being "accidetly illegal".

So far the rules haven't changed - the situation remains paradox.

[fayj7]

Hi,

I decided not to go in person to the spanish embassy to apply for my schengen after reading a;; the horror stories. Instead I found a visa agency in London (one of the only agencies to help to process a schengen for travel to Spain).

If anyone needs to apply for a Schengen to travel to Spain and do not want to go to the embassy personally here is the name of the agency I used.
http://www.uk.cibt.com/

If u are married to a EU or UK Naional the cost of the application is £90 +VAT.

[Plum70]

If u are married to a EU or UK Naional the cost of the application is £90 +VAT.

But "free" (travel costs excluded) if done in-person!

[fayj7]

Yes, application is free if done in person. After hearing from a few people I know regarding the very bad experiences they have had at the Spainish embassy I decided to pay an agency to process my visa and avoid to going the spainish embassy. The link is only a reference for people who would rather pay for there visa than go to the spanish embassy in person. Like I said this is one of the only agencies I found that can process a schengen if you are married to a UK or EU National.

[Directive/2004/38/EC]

fayj7,

Do you have a UK issued Residence Card for family member of an EEA citizen based on your relationship to a Spanish citizen, or do you have a different UK issued residence permit?