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Wife on Spouse Visa - Travel Restrictions?

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James1859
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Wife on Spouse Visa - Travel Restrictions?

Post by James1859 » Tue May 05, 2015 11:11 pm

Hello friends

My wife is a Syrian citizen and has a Spouse Visa. I am a full time working British citizen. Me and her are planning a one week holiday in Greece (a second honeymoon).

Does she require a visa? Or can we simply book our tickets and head off for our holiday?

Any help would be greatly appreciated.

Thank you.

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CR001
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by CR001 » Tue May 05, 2015 11:17 pm

Assuming you mean a spouse visa for the UK. She will need a visa. A UK spouse visa does not permit visa free travel in the Schengen zone.

https://greece.visahq.co.uk/requirement ... d_Kingdom/
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James1859
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by James1859 » Wed May 06, 2015 7:31 am

Thank you CR001, we'll go ahead and apply for a visa to Greece for her.

Much appreciated.

Donutz
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by Donutz » Wed May 06, 2015 11:15 am

Remember that if your spouse joins you (EU UK national) that such a visa is entirely free of costs (unless you chose to use an optional external service provider such as VFS Global), with minimum documents and isseud ASAP (within 2 weeks).
http://europa.eu/youreurope/citizens/tr ... dex_en.htm

James1859
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by James1859 » Wed May 06, 2015 11:20 am

Oh nice! But the Greece Embassy website states that you must go through some other service! am I right?

It states on here that:
The Visa Application Centres are operated by VF Services (UK) Limited.

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Re: Wife on Spouse Visa - Travel Restrictions?

Post by CR001 » Wed May 06, 2015 12:00 pm

The problem with the 'free visa' is that your marriage certificate, if issued abroad, need to be legalised, depending on where you got married. Best would be to contact them to find out.

Mine weren't and I had to pay the full cost of the visa and the facilitation service fee even though my husband is British.

The link I provided indicates to apply directly at the Greek embassy. Might be a good idea to give them a call to check.
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by James1859 » Wed May 06, 2015 12:04 pm

Thanks CR001. By 'apostilled' you mean getting a document legalised correct?

Not sure how the UK can legalise a marriage certificate whose origin is outside the EU.

How much were the fees you paid (total cost)?

Thanks

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Re: Wife on Spouse Visa - Travel Restrictions?

Post by CR001 » Wed May 06, 2015 12:16 pm

The country of origin or embassy would need to legalise it. I chose not as my embassy wouldn't do and wanted to send my documents back to South Africa to be done and said it could take up to 1 year to get them back.

The total cost for the Schengen visa for Spain a couple of years ago was about £75 which included the visa facilitation office fee.

Current Greek visa fees in link below

http://www.greekembassy.org.uk/Consular ... arFee.aspx
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by Donutz » Wed May 06, 2015 1:07 pm

James1859 wrote:Oh nice! But the Greece Embassy website states that you must go through some other service! am I right?

It states on here that:
The Visa Application Centres are operated by VF Services (UK) Limited.
The embassy itself should have instructions on direct applications, bypassing VFS, though some embassies really hide this info or not mention it at all (violating the Schengen rules but they don't care if people do not know any better and get the EU involved to set them straight).

As for the marriage papers, technically there is no requirement that the MUST be legalized or approved by the country of the EU national. You need to show a legal and genuine marriage and commonly the marital paers proof this, and the embassy may request legalisation stamps to make sure the papers are legit. They should not refuse other means of proof though so if you can make evident that the marriage is genuine and legal by other means they should accept such evidence and give yuo the free, fast and easy EU spouse route. Sadly once again not all embassies are helpfull and may stubbornly stick to their own made up rules.

The EU guide for embassies issued by the EU Home Affairs department says:
3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the
Directive, he must establish that he is a beneficiary of the Directive. This is done by
presenting documents relevant for the purposes of the three questions referred to above, i.e.
proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birth certificate,
proof of dependency, serious health grounds, durability of partnerships …) and his
identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).

It is an established principle of EU law in the area of free movement that visa applicants have
the right of choice of the documentary evidence by which they wish to prove that they are
covered by the Directive (i.e. of the family link, dependency …). Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the
existence of marriage), but should not refuse other means of proof.


For further information in relation to the documentation, see Commission Communication
COM (2009) 313 final 22 .

3.7. Burden of proof
The burden of proof applicable in the framework of the visa application under the Directive is
twofold:

Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He must
be able to provide documentary evidence foreseen above as he must be able to present
evidence to support his claim.

If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the Directive.

Additional documents may not be required regarding the purpose of travel and means of
subsistence (e.g. proof of accommodation, proof of cost of travelling), which is reflected in
the exemption for family members of EU citizens from filling in the following fields of the
visa application form:
Source = handbooks on EU-HA webpage: http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

If you encounter problems, chose the " need more help?" page to contact SOLVIT (EU Ombudsman) in the link from my previous post. The experience is meant to be a walk in the park but sadly this is not always the case.

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Re: Wife on Spouse Visa - Travel Restrictions?

Post by James1859 » Mon May 25, 2015 12:54 pm

Guys, I've just seen this:
Family members of EU/EEA/CH nationals who are holders of valid British residence permit documentation do not require a visa in order to enter Greece, under the condition that they are accompanied by the EU citizen or they are going to join him/her. It is advised that members of Family carry marriage/birth certificate in original form, as these documents may be required upon passport control.
Source: http://www.mfa.gr/uk/en/services/servic ... visas.html

I am travelling with her! Wouldn't this mean we do not need a Visa?

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Re: Wife on Spouse Visa - Travel Restrictions?

Post by titi88 » Tue Jun 09, 2015 11:55 am

CR001 wrote:The country of origin or embassy would need to legalise it. I chose not as my embassy wouldn't do and wanted to send my documents back to South Africa to be done and said it could take up to 1 year to get them back.

The total cost for the Schengen visa for Spain a couple of years ago was about £75 which included the visa facilitation office fee.

Current Greek visa fees in link below

http://www.greekembassy.org.uk/Consular ... arFee.aspx
Hi there,

We are in the same predicament as you were in. Our marriage certificate was issued abroad and so I am guessing the embassy (Italian) will say it needs to be apostilled by the embassy here in the UK.

Does that mean my husband need to have travel insurance and provide financial docs etc?

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Re: Wife on Spouse Visa - Travel Restrictions?

Post by Siraj ud-Daulah » Thu Aug 06, 2015 3:57 pm

Any update on this James or from anyone? As I 'm having same issue which states on the VFS official website:

"Family members of EU/EEA/CH nationals who are holders of the British residence documentation below, do not require a visa to enter Greece, under the condition they are accompanied by the EU citizen and that they carry with them their marriage certificate."

James1859
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Re: Wife on Spouse Visa - Travel Restrictions?

Post by James1859 » Thu Aug 06, 2015 5:28 pm

Hello

Update from us: Wife needed a visa, so we applied as usual.

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Re: Wife on Spouse Visa - Travel Restrictions?

Post by Siraj ud-Daulah » Thu Aug 06, 2015 6:52 pm

James1859 wrote:Hello

Update from us: Wife needed a visa, so we applied as usual.
Hiya James,

Looks like I've to do the same, thanks muchly.

Cheers,
Siraj

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