Spanish Visa for non-EU spouse of EU National

[pahadia]

Folks,
I am in a bit of Dilemma here. I am an EU-National and my spouse is NON-EU national. We are planning to Visit Spain in December. I am wondering if my spouse needs a Visa. My understanding from below link is that she does not require a Visa. Am I right? Any thought?

http://www.maec.es/en/MenuPpal/Consular ... cipal.aspx

For citizens of the European Union, Norway, Iceland, Liechtenstein and Switzerland, as well as their spouses, ancestors, and descendents, applicable regulations are found in Royal Decree 240/2007, dated February 16, governing the entry and residency in Spain of citizens of the member states of the European Union and of other states that are party to the European Economic Space Agreement.

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[Obie]

If my assumption is right, your partner holds a Resident Card For Family Members of EEA national (4EUFAM). In which case, the embassy state explicitly that she is exempted from the visa requirement.

[TracyCK]

If your spouse is from any of the countries listed in the first list in the linked document below, then they should apply for a Visa (this should be processed quickly and free of charge).

http://www.maec.es/es/MenuPpal/Consular ... _MAY09.pdf

Schengen Visa Application Form - note that the questions marked with * do not need to be completed.

http://www.maec.es/subwebs/SiteCollecti ... visain.pdf

[pahadia]

Thanks Obie & TracyCK.

Obie,
My wife does not hold 4EUFAM but Irish Stamp 4. Does that make any difference ?

TracyCK,
Her country of citizenship does appear in list you provided. That means she does require a visa ?

FAMILY MEMBERS OF EU CITIZENS
Holders of 4EUFam residence card will be exempt of the visa requirement providing they acompany or join the EU-EEA citizen
If they do not hold a 4EUFam residence card they do require a visa. EU citizens family members’ applications will be processed with due priority and free of charge. Providing they accompany or join them, they will only have to provide the Embassy with:

[Obie]

Sorry mate, i didn't realise that your wife doesn't have 4EUfam.

Due to the fact you metioned you are an EEA/EU national, i thought you are an EU citizen from another member state resident in Ireland.

If she has only Stamp 4, she would need to apply for a Schengen Visa, which would be issued free of charge, if you are travelling together and as part of an accelerated procedure.

I wish you all the best.

[TracyCK]

Yes, Obie has it right.

I am pretty new to all of this and had forgotten that no Visa is necessary if a an EEA Family Member Residency Card was held, but as she doesn't have that type of Residency, your wife should apply for the 90 Day Schengen Visa using the general form.

Enjoy Spain when you visit!

[pahadia]

Thanks to both you for your valuable advice