spouse schengen visa help please!

[youssef needs helf]

hello all....i could use some help please

i am a male Moroccan citizen married to my Dutch wife! we both live in morocco, she holds due Dutch/Moroccan citizenship. we would like to go visit my uncle in France and have a 2 week holiday in Paris. i would just like to know what is the best way to go about this as i understand that spouses of EU citizen have some rights...i cant prove my work on paper as i work for my uncle so can anyone please just give me some guidance and let me know the best way to go about getting my schengen visa thank you all very much

please let me know what paper work i will need thank you again

[Donutz]

If the embassy respects the EU rules then it should tell you exactly what is or is not required.
You can also find the info here: http://europa.eu/youreurope/citizens/tr ... dex_en.htm

Basically you'll need to show that 1) you are family (by marriage, provide the marriage papers ofcourse in a language that they can read so bring an official translation if need be) , 2) confirm your identiy (passports of the both of you) and 3) That you are going to travel together or join eachother (written statement from your NL spouse, optionally flight ticket booking).

On the form you can write under "purpose of stay" : Other: joining NL spouse to France. The questions with a * such as proof of funds, accomodation etc can be left empty. The visa should be issued within 15 calenderdays and for free ofcourse.

More detail can surely be found in other topics. Or read Directive 2004/38/EC , especially article 5 and 6:
http://eur-lex.europa.eu/legal-content/ ... 32004L0038

PS: I hope the French embassy sucks less then the Dutch one. The Dutch violate the Schengen and EU rules on mulitple fronts such as incomplete information regardng visa applications and a stupid online calender for appointments with makes it impossible to get an application within 2 weeks during peak seasons and not even any mention at all that you should be granted an appointment within 2 weeks and a decision within (standard) 15 days (can be extended to 30 days for missing docs, futher review etc or 60 for exceptional cases).

[youssef needs helf]

hi DONUTZ

thank you so much for your fast and great reply! I already have our Moroccan marriage certificate translated into French and legalized by the Dutch embassy! my Moroccan passport arrived yesterday! so ill b going tomorrow morning to make copies of my passport and my wife's Dutch passport and both our Moroccan ID cards and ill go to travel agents and get them to give me confirmation of flights to prove that we are travelling together! and i will also get insurance to cover me for the 2 week stay encase something happens just to b safe! i will give you an update

ps sorry the Nl messed you around

[Donutz]

Best of luck mate and save travels. Most of the EU webpages and laws (directives, regulations) are available in most EU languages. You should be able to get the text in French or Dutch aswell if that makes things easier. Those official regulations are dull boring texts, so reading them in the language you are most profficient with easens that burden.
Indeed always smart to get travel insuranc even though it's optional for EU/EEA spouse traveling together.

I haven't dealt with the NL embassy in Marocco (Rabat) but I know other who have and got BS from them (such as cocky Maroccan local staff acting like they were the embassador themselves, or the embassy not respecting the EU visa or family rules). And I checked out their website myself, which is't entirely in line with the Schengen Visa Code (which regulates visa rules). More on Schengen including a Handbook with more details can be found here:
http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

[youssef needs helf]

quick update!

so i went Spanish embassy in Agadir morocco this morning....went so smooth i just sat down the women from VFS global was nice, i handed her my Moroccan passport and my Dutch wife's passport and my application form, i also handed her our marriage certificate but she she did say i would have to pay the fall visa fees as our marriage is not registered in the Netherlands...i thought legalizing it was enough but turns out its not, but money is not really an issue, i was just happy that the appointment went so smooth and the lady was very nice! they said they will contact me when to come pick it up...

ill post another update when i go pick up my passport wish me luck

[Donutz]

Registration of a marriage in the EU is not a requirement, you simply need to be married and have the documents to show this.

If you would not be eligable for some reason (read: you are not married) you'd need to to pay the full fee but also all documents required for a normal app that you do not need ad EU spouse (insurance, bookings/accomodation, reason for return, financial funds).

In short: VFS was talking crap. One more reason not to chose them (VFS is entirely optional: rule 17.5 of the Schengen Code on Visa 819/2009/EC, and embassies should communicate this clearly) since they are incompetent and cost you a needless service fee. Contact the embassy directly by mail and ask for your money back as EU/EAA spouse. Registration, tickets can strenghten an application (that it is genuine) but that's it.

I'm sure you will be alright better get those 60 euro's back though.

Certain embassies are incompetent too and ask for ticket resevations, registration of maritial papers in EU etc. none of this is in 2004/38/EC. It only states you need to be married and join the spouse. Maritial act that can be read and is found genuine plus statement that EU national and non EU spouse will travel together should be sufficient. Sadly not all embassies seem to know or respect this (they love paperwork too much?).

[youssef needs helf]

hi Donutz

Hello mate it went very smooth so i didn't mind paying...i had to pay 88 euros!! VFS handles the Spanish visas from Morocco, the women didn't ask me to prove anything at all she didn't ask me what i do for work or anything! she just said that if my marriage was registered in the Netherlands i would only have to pay 28 euros but because its not i had to pay full price!

i just hope i get it ASAP and it don't get rejected for any silly reason!

[silky1234]

Good morning All
I an English and my wife is Russian, We live and work in Oman. We are buying a house in Portugal
Question: I intend to get a UK multiple entry vise for my wife to visit the UK( WE HAVE DONE THIS TWICE BEFORE). If I travel with my wife to Portugal with our marriage certificate, do I still need a separate visa i.e Schengen visa?
We will be staying in Portugal for a month or so.
With thanks for your help
Mark

[Donutz]

hi Donutz

Hello mate it went very smooth so i didn't mind paying...i had to pay 88 euros!! VFS handles the Spanish visas from Morocco, the women didn't ask me to prove anything at all she didn't ask me what i do for work or anything! she just said that if my marriage was registered in the Netherlands i would only have to pay 28 euros but because its not i had to pay full price!

i just hope i get it ASAP and it don't get rejected for any silly reason!

If you don't mind spending money while you are not required to I know some people who would gladyl receive your money.

As an EU spouse the visa is for free, so the 60 euro's you should (will!) get back if you notify the embassy. If neccessary you can contact Solvit (EU Ombudsman) found at the bottom of the "EU travel page" on EU/EEA family:
http://europa.eu/youreurope/citizens/tr ... dex_en.htm

I would definately ask those 60 euro's back!

The service of VFS was also unnecessary since external service providers such as VFS and TLS are etirely optional:

Article 17
5. The Member State(s) concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates.

Source (available in most languages): http://eur-lex.europa.eu/legal-content/ ... 32009R0810

4.4. Direct access
Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice.

The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider (see Part I, point 4.1).

Source: PDF on http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

I had a look at the Spanish embassy and conculate website in Marocco (rabat):
http://www.exteriores.gob.es/Portal/en/ ... lados.aspx#

Neither website seems to mention anything on how to apply for a visa. This would also be a violation of the Visa rules (810/2009/EC). Embassies must provide proper and correct information, including on the options of where and how to apply and the costs. They should mention that you can chose VFS (service fee) or chose to apply directly (no service fee). You could complain about this to the embassy or Spanish ministry of foreign affairs too to ask the VFS fee back aswell due to incomplete information.

Such violations can also be reported to the EU Commission, Home Affairs (I have succesfully done so myself in the past):
http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

Ofcourse it's up to you, if you don't mind paying money while by law the visa should have been free and cannot be denied, and that the service fee should also be refunded since (as far as I could find) the Spanish authorities make no mention of how to apply let alone about applying directly at their embassy or consulate...

Also remember that VFS is just a handling agency, there only task is to accept paperwork and forward it to the embassy. Service providers have no power what so ever, they cannot do interviews, they cannot remove paperwork or demand paperwork (though they could suggest the removal or missing items but that would only be an advice and this should be made very clear: they should have adviced that you COULD also include paperwork to show registration of marriage in NL but under the Freedom of Movement act it is NOT required so the embassy let alone the VFS can not require it.

More info on how embassies process EU/EEA family applications can be found in the Schengen handbook in a dedicated chapter in this document:
http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

====================================================

Good morning All
I an English and my wife is Russian, We live and work in Oman. We are buying a house in Portugal
Question: I intend to get a UK multiple entry vise for my wife to visit the UK( WE HAVE DONE THIS TWICE BEFORE). If I travel with my wife to Portugal with our marriage certificate, do I still need a separate visa i.e Schengen visa?
We will be staying in Portugal for a month or so.
With thanks for your help
Mark

You will need a visa since Portugal is Schengen and the UK is not. However the visa should be free, issued within 15 days, with minimmum paperwork (marriage document and possibly legalsations and translations so that the embassy can read the document and verify it is legit and not a fake, your passports and a statement from you and your spouse that you will be traveling to Portugal joining your EU spouse from .....). See:

EU website on traveling with non EU faily:
http://europa.eu/youreurope/citizens/tr ... dex_en.htm
- Read the directive on freedom of movement 2004/38/EC:
http://eur-lex.europa.eu/legal-content/ ... 32004L0038

Fill in the general Schengen applicationform, questions with a * need not be anwered (funds, insurance etc.). Be aware: this right of a free and ASAP issued visa does not apply if you travel to the home country of the EU spouse. If the EU is British then a visa to Britain won't be free, if the spouse is Danish then it won't be free when traveling to Denmark. If your spouse is British or Danish and travel to Portugal then the visa will be free.

[youssef needs helf]

HI DONUTZ
I didn't mean to sound arrogant about the money, but getting a visa from morocco can b a nightmare sometimes so i was just glad it went so smooth! i will contact the embassy and complain about the 60 euros back after i have received my visa!

how long does it normally take to get the visa through the spouse of EU route?? and is there any chance it can get rejected??

[Donutz]

No worries mate. I detected no arrogance.
I know visa's can be a hassle especially if a country had a negative stereotype (people judging an entire country or continent because some scumbags do bad things..) . Officially applications should be uniform all over the world but I cannot happen to feel the service or (dis)trust (caution??) differens from country to country. Including local staff sometimes being real dicks (morocan staff at the embassy acting like they are the ambassador themselve).

Hope your application will go smoothly and good to hear you were treated with respect even though the woman made some errors.

Applications of EU/EAA spouse should be processed within 15 days and not a day longer. Normal applications
should also be completed within 15 days but in individual cases those can be done in 30 days (missing documents for instance) and in exceptional cases in 60 days. The majority of applications and all EU/EAA applications should be completed in 15 days. Oh and were ansppointment is required, an embassy should grand this within two weeks of the day of request being made. Sources: article 9 and 23 from the Schengen code on visa.

EU/EAA visa cannot be denied if you show you are married Nd traveling together. Embassies could question if a marriage is real and thus demand more evidence if they genuily believe paperwork handed may be forged or false. Or if they cannot verify you and your spouse are indeed the names on the marriage papers ( false passport copy..) or if they are not sure you will travel together. To counter all that: get the marriage papers certified, showd passports of yourself and spouse, have the EU spouse comfirm/state that you will travel together. The process should be fast and easy according to the EU. If it isn't, the authorities might be in error (incompetent, unwilling, ...).

Priority one: get the visa
Two: make sure your rights are respected and if need be stand up for them and inform authorities (higher up) about perceived violations.

Once more, good luck, you should be allright.

[youssef needs helf]

HI DONUTZ

Yes when i handed in my application i also handed the women my spouse's Netherlands/EU passport she looked through it and handed it back to me, she never asked me if we was travelling together?! but we are and if they contact me to ask her to verify she can do so,

1 more question..

Me and my wife want to travel to the Netherlands first to visit her mum and Amsterdam of course! then we plan on getting a train to Paris for my birthday on the 31st of this month and will b staying with my uncle there for about a week before we head to Spain and will b staying there for around 2 weeks as i want to visit the Barcelona stadium and my wife wants to check out a couple of the coastal cities can no wait...

but my question is can i fly from morocco straight to the Netherlands or do i have to go to the country that issued me the visa first..?

[Donutz]

How will the Spaniards know you are doing a EU/EAA family application if no (copy of) your wife's passport is included? Without this they cannot accept your application ad valid unless they are willing to be relaxed about it... Having payed the full fee aswell I would think they will judge your application as a normal one... Better contact the embassy, send them a copy of the passport by e-mail and explain it was a EU/EAA application and therefor should be free. VFS made two mistakes: removing documents ( they should not , there job is to forward applications not to judge anything) and should have asked for the visa fee.

As for going to NL: you can enter Schengen via any member country but perhaps the Dutch will be difficult since freedom of movement does not apply in NL in your case. They may think you will stay in NL and faked the Spanish application to get a free visa. Include some paperwork that you and your wife will stay in Spain. Or consider traveling via Belgium or Germany instead. Best would be if your wife joins you on the flight or have her wait for you at the airport. That way there can be little doubt that you will travel together and head for Spain as your main goal.

[youssef needs helf]

hello mate

VFS didn't remove my wife's passport copy you read my comment wrong, they only gave me back her passport not the copy! as she came to the appointment with me so i took her passport along to show it to them! also we do both live in morocco in the beautiful Agadir, and we will b travelling together on our trip! so the only mistake VFS made was making me pay the 88 euro fee

[youssef needs helf]

UPDATE!
I AM NOT HAPPY AT ALL!

SO I GET A PHONE CALL FROM VFS THIS MORNING SAYING TO COME COLLECT MY PASSPORT! IT HAS BEEN EXACTLY 8 DAYS SINCE I HANDED IN MY APPLICATION..

I GET TO VFS GLOBAL...AND THE LADY AT THE DESK HANDS ME AN ENVELOPE AND WHEN I OPEN IT THERE IS NO VISA JUST MY PASSPORT AND AN A4 PAPER....THE INFORMATION ON IT WAS IN SPANISH SO I HAD TO TRANSLATE THROUGH GOOGLE...

HERE IS WHAT IT SAYS..SOMEONE PLEASE GIVE ME ADVISE ON WHAT TO DO PLEASEEEEE..

HERE IS THE INFORMATION ON THE LETTER

has no evidence of having means of sufficient subsistence for the duration of the intended or for the country of origin or residence, or for the transit to a third country in which it guarantees that will be admitted stay or not in a position to acquire such means lawfully





the information presented to the justification of the purpose and conditions of the intended stay no it reliable


Could not establish his intention to leave the territory of the Member States before the expiry of the visa

THEY REFUSED MY SPOUSE SCHENGEN VISA BASED ON THESE BASIS AND ON TOP THEY MADE ME PAY FOR THE VISA AND BY MY UNDERSTANDING ITS MEANT TO B FREE

PLEASEEEEE HELP

[Donutz]

Contact Solvit and the Spanish embassy (and Spanish ministry) ASAP. Explain your situation and that your application should have been treated as EU/EAA spouse but that by a mistake of VFS it has been processed as a regular application. Ask them to 1) process it as EU/EAA spouse asap 2) your visa fee back.

Even if this would fail (it should't EU/EAA family apps cannot be denied unless their is genuine believe it is a false application ehich you know is not the case) , complain with the Spanish ministry of foreign affairs, you are entitled your money back. Solvit is meant for cases like this such as VFS/embassies making false demands such as "your marriage needs to be registratedin NL" (no, you only need to proof you are legally married in your country).

Your wife can contact the Dutch Solvit. Be sure to explain to them that what you shared with us here.

[youssef needs helf]

Hi Donutz

thanks again bro. we are heart broken as its my birthday on the 31st of this month and we was looking forward to spending it in europe so much,

I will go to the Spanish embassy tomorrow morning and see what i can do there! ill give you an update after thanks again

[Obie]

You can simply obtain a visa at the border with your wife,and they will be obliged to allow you in.

It is a complete waste of time seeking to get visa from Morocco.

Simply get to the morocco -Spanish border with your Dutch Wife and they will be required to let you in .

[youssef needs helf]

hi OBIE

thanks for your reply bro!

have you ever tried this or know anyone that has??

[Obie]

Yes i know people who succeeded in doing it. Under EU law you are entitled to do this.

The Spanish Embassy don't seem to know what they are doing

[youssef needs helf]

I will look into it bro,

But Moroccan police are very rude and most of the time very ignorant to laws specially EU laws!

and i live very far from the Morocco/Spain port! so i don't want to take the chance of going all the way up there to b told to go away!

but i will look into it!

could you please link me to any success stories on this or websites??

[Obie]

I understand your worries and concern.

Why dont you try the french Embassy, or write to the Spanish Embassy explaining to them that your application is on the basis of Directive 2004/38EC, that it should be issued free of charge and as part of an accelerated procedure in accordance with Article 5(2) of directive 2004/38EC

[youssef needs helf]

I called the Spanish embassy but they said that my marriage had to b registered in the Netherlands not just legalized! i contacted SOLVIT and they said that the Spanish are wrong and always ask for more information then you need! and SOLVIT are dealing with it.
So hopefully will know something soon, i also have an Appointment with the French embassy on the 27th of this month so will see how that goes!

[james781978]

hello yousif


sorry to hear what happend to you

here is my non eu spouse storry

i am british citizen

i am living in germany

my wife applied for spanish schengen visa from 20-06-2016 from iraq vfs charged her $96 but i have put on complaint throghu spanish emmbassy in ankra explaimd she applied for visa on bis directive 2004

here is respond from the emmbassy

Dear Sir,

We will respond you as son as we will receive your visa application in Akara.

list of doc
Liglaized marrige cirtifcut
her passport
copy of my passport(british passport)
2 of us cover letter to expliaen we are travleing to gether and bas on dirctive 2004 (tourist) visa

booked hotel confirmation

application form and photos


my wife stile waiting for visa decision be made

good luck to every one