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I don't think that would be correct - I think she needs to apply for Schengen visa as a spouse of a British National - ie on UK immigration route. The Family Member quotes relate to those under EEA immigration rules - ie those not living in their home state and are therefore unable to use national rules.PTP wrote:And this is where my 'paranoia' stems from. Unclear rules where everyone seems to have a different opinion.
Thanks to both for replying. I'll try with the EU family member route and hope for the best.
With due respect wanderer, I dont know where you get your information from. There is no need for an applicant to be in UK on eea rules or anything like that. The only requirement is that applicant is married to a eea national, thats all, nothing else to it. Look at the schegen visa form carefully. My cousin has done a million trips to various eu countries and simply applied for visa with his wife's passport and marriage cert. Visa was free.Wanderer wrote:I don't think she can apply as a Family Member since she is not here under EU immigration rules.
Well I am on a bad run! Getting it wrong and getting stick off some humourless numpty on another thread, I must be on a triple-trough bio-rhythmically....mrlookforward wrote:With due respect wanderer, I dont know where you get your information from. There is no need for an applicant to be in UK on eea rules or anything like that. The only requirement is that applicant is married to a eea national, thats all, nothing else to it. Look at the schegen visa form carefully. My cousin has done a million trips to various eu countries and simply applied for visa with his wife's passport and marriage cert. Visa was free.Wanderer wrote:I don't think she can apply as a Family Member since she is not here under EU immigration rules.
I agree with mrlookforward... The application for a schengen short stay visa needs to be made as a family member of an European Union Citizen. Try following the process on for example the French Embassy's website.Casa wrote:I agree with Wanderer. The application needs to be made as spouse of British National. There are separate rules for family members of EU citizens (here under EU regs, not UK law).
Most consulates require proof of Health Insurance.
Can you please point out to any of the eea country's website or any shengen visa regs which says that there is a process of application as "spouse of British National".?Casa wrote:I agree with Wanderer. The application needs to be made as spouse of British National. There are separate rules for family members of EU citizens (here under EU regs, not UK law).
Most consulates require proof of Health Insurance.
I also think that you are all missing the point - making a mountain out of a molehill about Community law etc. etc. when all the OP wants to know is does his spouse have to make an appointment?FAMILY MEMBERS OF EU/EEA/CH CITIZEN
A) For the family members of an EU/EEA/CH citizen the visa application procedure is simplified. The following people are defined as family members of an EU citizen:
The spouse;
The partner with whom the EU citizen has contracted a registered partnership, on the basis of the UK legislation.
The direct descendants who are under the age of 21 or are dependant, either of the spouse or partner; or the dependant direct relatives in the ascending line and those of the spouse or partner as defined above.
Please, Provide the original passport (with a valid UK residence permit) and the passport of the EU citizen.
B) Required documents
Original passport (with a valid UK residence permit) and the passport of the EU citizen.
Original certificate that proves the relationship of the applicant with the EU citizen (marriage certificate, other partnership certificate, birth certificate etc., please note that the marriage or the partnership needs to be registered with the competent authorities. Marriages between a Greek citizen and a third country national need to be registered with the relevant Municipality in Greece according to the Greek legislation). In case the marriage certificate has been issued from another country (other than the UK) an apostille stamp is needed or a validation from the relevant Embassy.
Proof that the applicant is accompanying the EU citizen or is going to join them (flight bookings or hotel accommodation or signed invitation etc).
The FAQ where you got that from also says...Casa wrote:Regarding Schengen visa for France this may be of help.
"As per the current legislation, visa nationals must provide a travel insurance that also covers eventual costs of medical repatriation and emergency care with a minimum coverage of 30 000 Euros. This insurance must be valid within the entire Schengen area and cover the validity of the requested visa.
Please ensure that your insurance certificate clearly states your name as well as the policy cover dates.
Be advised that if you take out an insurance valid for 4 days, your visa will be of 4 days so it is advisable to take out an annual cover policy."
But that refers to the EU citizen with a valid UK residence permit - ie those exercising a treaty right etc. Must admit the wording is confusing but I maintain if the OP is a BC, not under Surinder Singh, with a non-EU spouse the 'Family Member' bit is not applicable.stmellon wrote:Sorry Wanderer - you are wrong in this instance. Another classic case of RTFM - or more specifically, RTF Website.
http://www.greekembassy.org.uk/Consular ... fault.aspx
I also think that you are all missing the point - making a mountain out of a molehill about Community law etc. etc. when all the OP wants to know is does his spouse have to make an appointment?FAMILY MEMBERS OF EU/EEA/CH CITIZEN
A) For the family members of an EU/EEA/CH citizen the visa application procedure is simplified. The following people are defined as family members of an EU citizen:
The spouse;
The partner with whom the EU citizen has contracted a registered partnership, on the basis of the UK legislation.
The direct descendants who are under the age of 21 or are dependant, either of the spouse or partner; or the dependant direct relatives in the ascending line and those of the spouse or partner as defined above.
Please, Provide the original passport (with a valid UK residence permit) and the passport of the EU citizen.
B) Required documents
Original passport (with a valid UK residence permit) and the passport of the EU citizen.
Original certificate that proves the relationship of the applicant with the EU citizen (marriage certificate, other partnership certificate, birth certificate etc., please note that the marriage or the partnership needs to be registered with the competent authorities. Marriages between a Greek citizen and a third country national need to be registered with the relevant Municipality in Greece according to the Greek legislation). In case the marriage certificate has been issued from another country (other than the UK) an apostille stamp is needed or a validation from the relevant Embassy.
Proof that the applicant is accompanying the EU citizen or is going to join them (flight bookings or hotel accommodation or signed invitation etc).
No, OP, you don't need to make an appointment, but get on and make the application ASAP as EU consulates are not renowned for their speed of service, despite Community law.
What a surprise to see my contribution to Wikimedia on an embassy's webpage!Wanderer wrote:Greek Consulate says "Family members of EU/EEA/CH nationals who are holders of the relevant British residence documentation (click to see) [...]"
1. Yes, for practical reasons. Legally, she should be able to enter without a visa but don't count on the airline or even immigration to know the rules.PTP wrote:1. Does she need a visa at all? (I'm pretty sure she does for reasons of practicality if not legality.)
2. If she does, can she apply as a Family member?
2. Does she need an appointment?
1) If she is in the UK under UK immigration laws she legally may actually need a visa. This is the relevant bit from the directive...86ti wrote:1. Yes, for practical reasons. Legally, she should be able to enter without a visa but don't count on the airline or even immigration to know the rules.PTP wrote:1. Does she need a visa at all? (I'm pretty sure she does for reasons of practicality if not legality.)
The relevant bit I was referring to is Article 5(4).djb123 wrote:This is the relevant bit from the directive...