EU tour visas for Spouse & Parent of British Passport ho

[bravo]

Good Morning

I was born and raised in the UK and have a British passport as a result.
My wife is Indian Nationality but has been here for 3 years and has Indefinite Leave in her passport.
My father is British Citizen and has been in the UK for over 30 years. However, he has chosen to retain his Indian passport.

We are planning to visit Spain for holiday next year, so would they need visas to enter the country?
Bearing in mind I have relevant birth certificate and marriage certificate (and Birtish passport holding children!) to verify relationship.

If a visa is necessary (we are only visting for 2 weeks), what would be the most appropriate method?
Thanking you in advance

Bravo Singhum

[Wanderer]

Both need visas, ur wife's will be free and attract less questions on the form, ur dad's will cost plus he has to fill the whole form in.

Spanish embassy is no fun, they are rude and arrogant, be warned....

[djb123]

slightly off subject but can your father be British and legally hold an Indian passport?

[lboro]

slightly off subject but can your father be British and legally hold an Indian passport?

I think according to the post, his father hold Indian Passport and hence doesn't hold british passport and that's why he ask if his father would need a visa to go to Spain!

[ca.funke]

I (...) have a British passport (...) my wife is Indian Nationality

Your wife is legally entitled to travel without a visa, however you may bump into some problems due to uninformed borderguards. Full story >>here<<. If you choose to apply for the visa, it must be issued free of charge and in an accelerated manner.

My father is British Citizen and has been in the UK for over 30 years. However, he has chosen to retain his Indian passport.

There seems to be some confusion concerning the difference between "nationality" and "passport":

If your father already is a British Citizen, he can just get a British Passport. There are absolutely no strings attached.

I presume he does not want a British Passport as he feels this could take away some entitlements he may have in India. (I remember some "Indian National" vs. "Indian Overseas Citizen" issue, or similar, whatever these may mean...) Thing is: If being a British Citizen takes away Indian rights, and should your dad really be a British Citizen, these rights are already lost.

• Being a citizen means you have the nationality (and vice versa). This alone comes with all its rights and obligations, for that matter a passport in itslef is meaningless.
• A passport is just an easy way to prove that you possess a nationality, nothing more.

Thus, if your father is a British Citizen, legally nothing changes by applying for a passport.

I don't know how the Indian side handles things, but if your father turned British in the past and looses Indian entitlements through this status, in the best case these entitlements are now only legally lost but no-one realised it.

The worst-case scenario includes (legally) not being an ordinary Indian citizen anymore, thus his Indian passport would now be invalid. (Attempting to) travel with an invalid passport surely isn't a good option.

I'd recommend finding out if your dad is really a British Citizen and, if so, what this implies for his Indian Status.


To answer the original question:

• If your father is a British Citizen, get a passport to avoid any possible problems.
• If your father turns out not to be British but Indian only, and is dependent on you, the same law as for your wife applies. See Article2, section 2 (b) of 2004/38/EC:

  the dependent direct relatives in the ascending line(...)

  In this case you do not need a visa, but can apply for one to avoid hassle if you want.
• If your father is Indian only and does not depend on you, you will need to apply for a visa in any case.

Good luck and enjoy the trip.