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Schengen visas for spouses of EU nationals

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PAPITO
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Schengen visas for spouses of EU nationals

Post by PAPITO » Mon Oct 22, 2007 5:41 pm

HI
Please let me know one thing. I am a bit confused.
I am German, my wife no-eu.
We have plans to go to Spain.

German Embassy said we need to apply in Spain for the schengen visa, Spanish one said we need to apply to the German (because I am German).

I called a Service agent (to get quick visa in Spain) and they said I need better to apply to the German Embassy. Some French web sites claim that Spouses of EU nationals other than the UK should submit their visa applications at their spouse's respective embassy.

Even ukcosa.org.uk/ mention the same as above.
http://66.102.9.104/search?q=cache:RKbi ... 8&gl=ukNow, Can you see why I am confused here? I have even told if we go to French or Spanish Embassy they will not process the application (which I think is wrong)

It is just easy for us to apply in Geman Embassy as I don't need to book an appointment.
Please help!!

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Post by dsab85 » Tue Oct 23, 2007 6:52 am

You should apply for the Schengen Visa with the German Embassy.

We (me being german) just applied for my wifes Schengen visa at the German Embassy without mentioning where we were going and got Issued a mutiple entry Visa valid for one year.

We sent it via mail and all we needed to send were the two passports, our marriage certificate and a return envelope. The turnaround was 4 days from the day they received the application until we received the passports back.

AFAIK Spouses of EU citizens are always supposed to apply via the embassy of the EU citizen, no matter where they are going. Usually it is also cheaper, as they have special free phone lines for their citizens or even allow coming around without appointment for spouses of their citizens.

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Post by PAPITO » Tue Oct 23, 2007 7:45 am

Thanks for your reply.

My wife was given a Schengen Visa 2 years ago, multiple entries and valid for 1 year too. The point is that now we are not going to Germany and over the phone they said I most apply to the embassy where my main destination is, in this case will be Spain.

I am sure she will be given a Visa again at the German Embassy but this can cause complications if we don't go to Germany in the future (not sure about this).
I even found on the Dutch embassy the following:
http://www.netherlands-embassy.org.uk/v ... pply_for_a

on the No. 5 The spouse of a national of one of the Schengen countries should apply at the Embassy of his/her spouse's nationality. For example, the spouse of a Portuguese national should apply at the Portuguese Embassy even if the destination is another Schengen country.


And
I was wondering, I also have been told my wife should apply in person and not by post. I think you've been lucky. I'll give then a call again today.

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UPDATE

Post by PAPITO » Sat Mar 01, 2008 3:27 pm

The French embassy in London have the same message:

Spouses of EU nationals other than the UK should submit their visa applications at their spouse's respective embassy.

I hope all Countries start using the same rule so no one gets confuse...

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Re: UPDATE

Post by Christophe » Sat Mar 01, 2008 6:21 pm

PAPITO wrote:The French embassy in London have the same message:

Spouses of EU nationals other than the UK should submit their visa applications at their spouse's respective embassy.

I hope all Countries start using the same rule so no one gets confuse...
I might get shot down in flames for saying this, but on the basis of anecdotal evidence - the French embassy is likely to be right: they seem to be more prone to know "the rules" and to apply them systematically and sensibly than some of the other EU embassies...

It still seems, to me, to be extraordinary that there is this sort of constant confusion around Schengen visas: what are the people in the visa sections of the embassies and consulates paid to be doing?

[Getting of my soapbox now]

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Post by evil_grrrl666 » Tue Apr 01, 2008 3:07 pm

I dont think applying at the german embassy when you are not actually going to germany will affect any further applications; there are no border check posts so how would anyone know whether or not you actually went there?

When applying, don't tell them where you are going, the form itself states that you need not mention it. i guess its easier to do by post so they don't ask extra unnecessary questions.

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Post by mym » Tue Apr 01, 2008 4:11 pm

evil_grrrl666 wrote:I dont think applying at the german embassy when you are not actually going to germany will affect any further applications; there are no border check posts so how would anyone know whether or not you actually went there?
People should ignore the above bad advice.

On entry to the Schengen Area passports are stamped and visas read. Anyone who does not enter Schengen via the state that issued their visa, or retain proof (receipts, hotel bookings, travel tickets etc) that they spent more time in that state than any other, are very likely to encounter problems (maybe a territorially limited visa, maybe a single entry visa, maybe a short term visa...) if they apply for another visa at the same embassy.

Visa departments (quite rightly IMO) do not like the extra burden on their resources of people that apply for a Schengen Visa at the embassy of a state they are not going to be visiting.
Last edited by mym on Tue Apr 01, 2008 10:34 pm, edited 1 time in total.
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Post by Directive/2004/38/EC » Tue Apr 01, 2008 7:54 pm

mym wrote:
evil_grrrl666 wrote:I dont think applying at the german embassy when you are not actually going to germany will affect any further applications; there are no border check posts so how would anyone know whether or not you actually went there?
People should ignore the above bad advice.

On entry to the Schengen Area passports are stamped and visas read. Anyone who does not enter Schengen via the state that issued their visa, or retain proof (receipts, hotel bookings, travel tickets etc) that they spent more time in that state than any other, are very likely to encounter problems (maybe a refusal, maybe a single entry visa, maybe a short term visa...) if they apply for another visa at the same embassy.

Visa departments (quite rightly IMO) do not like the extra burden on their resources of people that apply for a Schengen Visa at the embassy of a state they are not going to be visiting.
People should ignore the above bad advise.

If you are the family member of an EU citizen and will be travelling with them, then can not deny you a visa based on where you did or did not travel in the past. They can only do it on the basis of national security, public policy or public health. They are required to give you the visa even if you have a minor criminal record in their country.

Mym, do you have any specific example of family of EU citizens being turned down based on not having travelled enough on previous Schengen visas?

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Post by Wanderer » Tue Apr 01, 2008 8:40 pm

Directive/2004/38/EC wrote:
mym wrote:
evil_grrrl666 wrote:I dont think applying at the german embassy when you are not actually going to germany will affect any further applications; there are no border check posts so how would anyone know whether or not you actually went there?
People should ignore the above bad advice.

On entry to the Schengen Area passports are stamped and visas read. Anyone who does not enter Schengen via the state that issued their visa, or retain proof (receipts, hotel bookings, travel tickets etc) that they spent more time in that state than any other, are very likely to encounter problems (maybe a refusal, maybe a single entry visa, maybe a short term visa...) if they apply for another visa at the same embassy.

Visa departments (quite rightly IMO) do not like the extra burden on their resources of people that apply for a Schengen Visa at the embassy of a state they are not going to be visiting.
People should ignore the above bad advise.

If you are the family member of an EU citizen and will be travelling with them, then can not deny you a visa based on where you did or did not travel in the past. They can only do it on the basis of national security, public policy or public health. They are required to give you the visa even if you have a minor criminal record in their country.

Mym, do you have any specific example of family of EU citizens being turned down based on not having travelled enough on previous Schengen visas?
Bugger - does that mean I missed my window!??
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by mym » Tue Apr 01, 2008 10:34 pm

Directive/2004/38/EC wrote:
People should ignore the above bad advice.
It's sensible and practical advice. Remember I am referring to Schengen Visas.
If you are the family member of an EU citizen and will be travelling with them, then can not deny you a visa based on where you did or did not travel in the past. They can only do it on the basis of national security, public policy or public health. They are required to give you the visa even if you have a minor criminal record in their country.
You know as well as I do that there is a mismatch between the Directive and the Schengen Accord which has not yet been settled in the courts. Schengen allows states to require extra documentation for applications, it also allows them to issue visas "free and on the basis of an accelerated procedure" as the Directive requires, but also with whatever limitations on them that they see fit to impose (single entry, short duration etc).
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Post by Directive/2004/38/EC » Wed Apr 02, 2008 6:59 am

I agree the schengen process is a mess. But I know of no examples of family members of EU citizens being denied a visa because they had not travelled enough in the country that previously issued the visa.

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Post by Wanderer » Wed Apr 02, 2008 8:35 am

Directive/2004/38/EC wrote:I agree the schengen process is a mess. But I know of no examples of family members of EU citizens being denied a visa because they had not travelled enough in the country that previously issued the visa.
My mate's wife was. He's a Brit, she's Russian like my partner. They got a French issued Schengen last year, used it to drive to Estonia via Holland. Estonia wasn't in Schengen then. Applied for another this year, refused cos they didn't go to France on the last one. My mate spoke to a woman at the French consulate who said it was denied cos they never went to France, but she would issue another if they provided proof of travel, hotel bookings etc. He told he to stuff it and they got a schengen from Estonia in two days.
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Post by Directive/2004/38/EC » Wed Apr 16, 2008 8:26 pm

How did you resolve this in the end?

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