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Do I need a visa to travel with my husband to Spain

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minhpth
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Do I need a visa to travel with my husband to Spain

Post by minhpth » Sun Sep 01, 2013 9:51 am

Hi everyone,

I have read through all of the topics, however, I am still unable to find the answer for my questions. I would really appreciate if someone could help me with this.

I am a non EU spouse of a Spanish national ( I am from Vietnam). My husband and I are both living and working in the UK, and got married in the UK. I have just received the UK residence card. We are planning to travel to Spain in 2 weeks' time. However, we have been so confused since we visited VFS website to see if I need a visa to travel.

The Spouse section of the VFS website states that:

"IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Permit are not required of a visa to enter Spain if traveling with the EEA family member. If the person travels without the family member, they would be required to apply under the Tourist visa category and provide all of the required documentation for the same, and would be required to pay the visa fee in addition to the service charge. Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEA National"

However, when I followed the link "Do I need visa" right under this section, it took me to the website of the Consulate of Spain in London, which says that:

"6. Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, family members of an EU/EEA national in possession of a valid UK Residence Card specifying its condition as a family member do not require a visa to enter Spain when travelling with the EU/EEA National or joining him/her in Spain. Otherwise, a visa will be still required (Real Decreto 1161/2009, 10th July 2009). For spouses and/or children of Spanish Nationals the above condition applies provided that the marriage and/or birth is registered according with the Spanish Civil Register (original Libro de Familia). Please note, that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required."

I have also contacted the Spanish Consulate by phone and was advised that even I travel with my husband to Spain and have UK residence Permit, I still need to get a FAMILY BOOK (LIBRO DE FAMILIA) if I do not want to apply for a visa.

The thing is my husband looked into some websites which say that it will take quite a while to get a FAMILY BOOK and we actually do not know what A FAMILY BOOK is?

If you have experiences, information regarding this, could you please help me with the following questions:
1. Would it be fine to travel to Spain if I do not have a Schengen visa and a Family book in my case.
2. If either a visa or a family book is needed, I would think I should get a family book to avoid applying for a visa whenever I travel to Spain. However, does anyone here know what a family book is and what I have to do to get it.

I really need your help urgently as we already book our flight, which is in 2 week's time.

Thank you very much.
Minh

minhpth
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Posts: 3
Joined: Sun Sep 01, 2013 9:46 am
Location: Bristol

Post by minhpth » Sun Sep 01, 2013 10:09 am

Hi Everybody,

I have just looked at the VFS's website again. When I clicked on the session "apply as a EEA/EU spouse". One of the documents required is the "Libro de Familia". In particular, it states:

Original and photocopy of the Libro de Familia book/document , applicable to family members of Spanish Nationals.

NOTE – if Libro De Familia document is not available/provided, applicant is not eligible to apply under the EU Spouse category and must apply as Tourist and provide the full documentation.

Now I have one more question:

If i have to apply for a visa, should I apply as a Tourist or should I apply as a EU spouse?

Please please help me to straight up my head.

Thanks,
Minh

sheraz7
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Post by sheraz7 » Sun Sep 01, 2013 1:08 pm

An eea2 RC holder if travelling together/joining its EEA national then he/she does not need to apply schengen visa. For member experiences stories and experiences refer to the following thread:
http://immigrationboards.com/viewtopic.php?t=121856
Please donot send PM. Write in open forum to facilitate others too.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 01, 2013 1:40 pm

The only slight complication in your case is that you are visiting Spain, where your spouse is a national. This is not an issue having worked in another member state. It might be worth your while having evidence of that to hand.

mick5
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Post by mick5 » Sun Sep 01, 2013 8:51 pm

EUsmileWEallsmile is right as your husband is spanish and you are traveling with him in his home country they might stop you, In january 2013 i went to spain with my partner she is polish and i had spanish visa on my pakistani passport IO told me next time dont waste your time to get visa you do not need visa when you are traveling together and he did not stamped in my passport,
But now next week we are going to Majorca just to be on a safe side i got visa because they can tell you spanish law has been changed and you can not do anything. I would say if you have time get visa its free and takes only 5 days my visa been done in 3 days at least you wont have any stress or worry.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 01, 2013 9:02 pm

mick5 wrote:EUsmileWEallsmile is right as your husband is spanish and you are traveling with him in his home country they might stop you, In january 2013 i went to spain with my partner she is polish and i had spanish visa on my pakistani passport IO told me next time dont waste your time to get visa you do not need visa when you are traveling together and he did not stamped in my passport,
But now next week we are going to Majorca just to be on a safe side i got visa because they can tell you spanish law has been changed and you can not do anything. I would say if you have time get visa its free and takes only 5 days my visa been done in 3 days at least you wont have any stress or worry.
While Spain tightened up laws last year, they are still within the terms of the directive. No visa required for holders of residence cards.

minhpth
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Joined: Sun Sep 01, 2013 9:46 am
Location: Bristol

Post by minhpth » Thu Sep 05, 2013 10:28 am

Thank you for your replies.

I went to VFS to submit my application. However, the staff there told me as long as I travel with my husband I do not need a visa.

My husband called the Spanish Immigration Department in Spain and the Police Office as well and had the same answer.

So, if someone is in the same situation as mine, you do not need a visa :).

Cheers,
Minh

sheraz7
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Post by sheraz7 » Thu Sep 05, 2013 7:14 pm

Just get print out of vfs website and marriage certificate to deal any inexperienced staff there. Enjoy your journey.
Please donot send PM. Write in open forum to facilitate others too.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Sep 05, 2013 8:12 pm

minhpth wrote:Thank you for your replies.

I went to VFS to submit my application. However, the staff there told me as long as I travel with my husband I do not need a visa.

My husband called the Spanish Immigration Department in Spain and the Police Office as well and had the same answer.

So, if someone is in the same situation as mine, you do not need a visa :).

Cheers,
Minh
Thanks for posting back.

taman85
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Re: Do I need a visa to travel with my husband to Spain

Post by taman85 » Sun Jul 13, 2014 6:19 pm

[quote="minhpth"]Hi everyone,

Hey, in order to get Family book, first you need marriage certificate, then you need to register your marriage in the spanish consulate. and it takes some times, as the roles and processes are slow and some complex. but at the end you will get it

Good luck
Taman

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Casa
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Re: Do I need a visa to travel with my husband to Spain

Post by Casa » Sun Jul 13, 2014 6:23 pm

This thread is almost a year old
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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