Spain/Schengen again - please help!!!

[Rob Van Dam]

I posted a few days ago about the difficulties I was having in gaining an appointment for a visa application for my Russian wife so we can visit Spain for a short holiday. For the record, I am British and my wife has ILR in the UK as my spouse.

I booked my flights thinking that seven weeks would be enough time to get the visa. Silly me! I was told by the Spanish Embassy's automated helpline that they couldn't give me an appointment for two months.

I then went with a visa agency who told me they could get the Spanish Schengen visa for my wife. I sent off our passports and documents (even those I don't technically need as my wife is the Spouse of an EU citizen).

I have now been told that the Spanish Embassy will not accept my documents or issue the visa. The reason is that I didn't supply them with the most up to date bank statements. Actually I did. I gave them all the statements up to June, and a stamped "temporary statement" from the bank showing the balance as of the date of application.

They also said they cannot accept our marriage certificate as proof of marriage. I sent them the original, plus a copy of a translation. My wife's spouse visa also had my name on it. Apparently, however, this is not enough. They need an original signed translation with an Apostelle from the Foreign Office. However, apparently I no longer have time to go and get this done in order for my application to be re-submitted.

Surely none of this is within the rules? We've successfully had Schengen visas for France, Belgium, Austria and Hungary and have never had this problem before.

Is there any way at all we can save our holiday and get a Spanish Schengen visa before the last weekend in August?

RVD

[sakura]

What is the deal with the Spanish embassy (I've read several other cases where they've acted to the extreme and act as though they need to guard their country like a fortress)?

They are wrong on this situation - I fail to see why they cannot accept your original certificate as proof of marriage - it's the original! And....where is the logic in asking the foreign office in the UK to provide you with an apostelle??

If you can, maybe get your agency to send them a letter with a printed out copy of the EU directive - in English and Spanish - and point out that if they do not accept your application and documents, issue the visa free of charge and on time, you will be contacting the relevant EU authorities to lodge a formal complaint.

As for how to get a visa otherwise....I will let the experts answer!

[stmellon]

They are wrong under Directive 2004/38/EC (see the threads on this), however please would you explain where you were married?

I'm guessing it was outside of the UK if the authorities are demanding an apostille?

[Rob Van Dam]

We were married in Russia.

I supplied them with the original marriage certificate and an original translation with the translator's stamp, but apparently this is not enough. I'm not even sure why they need anything from the Foreign Office. I thought they only stamped UK documents. And I don't understand why we need to provide bank statements, etc, when this isn't part of the rules.

We also had to fill in the starred questions on the Schengen form, despite the form telling us that as the Spouse of an EU national we shouldn't!!

[86ti]

We were married in Russia.

I supplied them with the original marriage certificate and an original translation with the translator's stamp, but apparently this is not enough. I'm not even sure why they need anything from the Foreign Office.

What you would need is the Apostille from the Russian side, probably from their Minsitry of Foreign Affairs. You should have done so while still in Russia. Maybe the Russian embassy can help you.

[Kemilly3]

Hi Rob - you will note that I have just posted a question on re the Spanish embassy so my problems are far from over with them but with regards to the timings I called up and the nearest appointment was after we were supposed to come back so I emailed the consulate who responded saying that I should write to the visa section stating my problem (i.e. I had booked tickets already and this would be the second time I was going to have to cancel our trip) which I did and within a week they sent me a new appointment time which is tomorrow so definitely quicker than phoning.
With your wife being on IRL (which I am on too) even though you are married I believe until she applies for citizenship her residency status is the same as a non married non EU resident.
Hope writing to them works!

[Rob Van Dam]

Thanks but I just decided to go with a visa agency. It just wasn't worth the hassle.

[SoloOl]

I posted a few days ago about the difficulties I was having in gaining an appointment for a visa application for my Russian wife so we can visit Spain for a short holiday. For the record, I am British and my wife has ILR in the UK as my spouse.

I booked my flights thinking that seven weeks would be enough time to get the visa. Silly me! I was told by the Spanish Embassy's automated helpline that they couldn't give me an appointment for two months.

I then went with a visa agency who told me they could get the Spanish Schengen visa for my wife. I sent off our passports and documents (even those I don't technically need as my wife is the Spouse of an EU citizen).

I have now been told that the Spanish Embassy will not accept my documents or issue the visa. The reason is that I didn't supply them with the most up to date bank statements. Actually I did. I gave them all the statements up to June, and a stamped "temporary statement" from the bank showing the balance as of the date of application.

They also said they cannot accept our marriage certificate as proof of marriage. I sent them the original, plus a copy of a translation. My wife's spouse visa also had my name on it. Apparently, however, this is not enough. They need an original signed translation with an Apostelle from the Foreign Office. However, apparently I no longer have time to go and get this done in order for my application to be re-submitted.

Surely none of this is within the rules? We've successfully had Schengen visas for France, Belgium, Austria and Hungary and have never had this problem before.

Is there any way at all we can save our holiday and get a Spanish Schengen visa before the last weekend in August?

RVD

Sorry are you British? It's different then

[SoloOl]

They do not consider British as a EEA