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Question on dual nationality Moroccan/British and visa to Spain

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Moors
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Question on dual nationality Moroccan/British and visa to Spain

Post by Moors » Mon Dec 03, 2018 4:28 pm

ello everyone!
I hope you can clarify the problem we faced today at the spanish consulate
my daughter is dual national, with a valid moroccan passport and expired british passport.
she is resident in morocco, i am her father(European) resident in spain.
we assumed that with my daughter having a non eu passport , regardless to her dual nationality, there would be no problem under the directive 2004/38/EC getting a non eu family member visa to travel to spain from the spanish consulate in casablanca but they argued they couldn't issue the visa because she was european, and they can travel without visa.
So basically i need to know in principle is the consulat correct and it's not their concern and we should go to the british embassy and ask for a travel document instead? and not feel foolish by pushing the matter further when they reject application for visa.

In discussion the consulate staff admitted not knowing for sure the law regarding this matter, and would have to find out about it and get back in touch by phone call in a day or two, but did say in their opinion they couldn't issue the visa (moroccan passeport) to our 6 years old daughter to travel with us to spain.

thanks for your advices.

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Casa
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Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Casa » Mon Dec 03, 2018 5:14 pm

Why hasn't your daughter's British passport been renewed? Isn't this a solution :?:
(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.

Moors
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Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Moors » Mon Dec 03, 2018 5:38 pm

since the changes in the British passport system and the hassle we had obtaining my son's british passport that took close to a year to obtain we thought easier to ask for visa in current Moroccan Passport that is a valid travel document.
Maybe it seems we were in fact wrong to think this as we wished to travel soon to spend her birthday and xmas in Spain with her other grandparents who reside there too.

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Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Casa » Mon Dec 03, 2018 5:42 pm

Was it your son's first passport? A renewal may be a quicker process for your daughter :idea:
(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.

Moors
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Spain

Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Moors » Mon Dec 03, 2018 5:51 pm

yes it was.
as stated on the british government website, an oversees passport renewal application would take at least 8 weeks from receiving it in the uk to be processed, this being the best case scenario.
So are the spanish consulate correct to say that our daughter does not meet the requirements for a non eu family member visa in her moroccan passport due to being part british? this is the confusing area for us.

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Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Casa » Mon Dec 03, 2018 6:09 pm

That I'm unable to answer, but hopefully someone else will step in. If the Spanish authorities are wrong, the challenge will be to convince them that they are. I do know from experience however, that the Spanish Ministerio de Asuntos Exteriores aren't the most co-operative in processing a visa application for Moroccan nationals. :|
(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.

Moors
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Spain

Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Moors » Mon Dec 03, 2018 6:45 pm

This is our third visit to the Spanish consulate in Casablanca over a few years. First visit concerning my Moroccan wife i had to convince them the UK was part of the european union and she did have the right to travel with me to Spain. Each visit left us waiting over 3hrs for no particular reason, apart from making us pay with time because the visa is for free i guess. If given the choice i would pay a small admin fee if it made them happy :|
I do understand totally what you mean by a challenge to convince them when they are wrong like we have in the past and find a staff member with common sense regarding these matters. They also told us if they make applications to easy everyone would want to do it. Trouble is, this time i'm half convinced they could be correct this time in regards to my daughters application as non eu family member of the union.

Thank you kindly for your time and effort in replying our question Casa, much apprieciated.

Moors
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Spain

Re: Question on dual nationality Moroccan/British and visa to Spain

Post by Moors » Tue Dec 04, 2018 2:40 pm

Latest update on situation we are facing here in Morocco and our visa application to Spain. The consulate phoned to inform us they could not give our daughter the visa to travel to Spain and get an emergency travel document from the English. I tried to argue we are not going to the UK and my treaty rights are now in Spain with having property and work autonomo in Spain . I knew by her attitude i would get nowhere, so asked for rejection of application in writting from their office. First she argue they could not do this because i guess to them the application was not followed through or just push us away without comeback. Eventually she conceded to give us a paper with reasons for rejection.

Tomorrow i return to the Spanish consulate for the documents we left with the application and hopefully the letter of rejection. During the conversation on the phone she argued about not showing them the expired English passport, i simply said, no one ask for it in the document we took with us and i would have been happy to do so along the usual copies of each page. So now they are rejecting the visa application they want to see the expired English passport... Does anyone know the reason for this request ? for sure i'm baffled by this, to me just proves all we said is true and my daughter Moroccan passport is her only valid travel document we hold.

We also phoned the police department at the airport in Casablanca to see if we could travel with expired British passport and the in date Moroccan passport. He was 100% sure we would have no problems boarding the plane, to him the British passport proves she is european and the other is valid to travel with. I have sent an email to the British Embassy in Rabat to ask about this senario as we plan to travel in next couple of weeks, i've yet to hear back from them thus far.

For the benifit of other readers in similar situation i'll update what happens next. Regardless of outcome i do plane to find out about the rights on the dual national rights as it seems very hard to find info on the net for this too, or maybe i didn't look hard enough. One thing i do know for sure the actions and attitude of the Consulate of Spain in Casablanca stinks and i will complain about the treatment and lack of knowledge of main staff members handling cases.

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