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Travelling to Spain

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eera
Newly Registered
Posts: 3
Joined: Sun Aug 31, 2008 4:00 pm

Travelling to Spain

Post by eera » Thu Oct 09, 2008 10:17 am

Hello all
My friend having Pakistani passport and he has live to remain visa as he married British resident. He want go to Spain next month and he just wonder whether he needs visa? Can any one help please?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Travelling to Spain

Post by Wanderer » Thu Oct 09, 2008 10:46 am

eera wrote:Hello all
My friend having Pakistani passport and he has live to remain visa as he married British resident. He want go to Spain next month and he just wonder whether he needs visa? Can any one help please?
Schengen visa from the Spanish Consulate. Good luck with that, cos;

1. It costs a £15 0906 call to book the appointment

2. It's most likely booked up for several months

3. The Spanish Consulate is manned by the rudest Spaniards they could find, and that's saying something....
An chéad stad eile Stáisiún Uí Chonghaile....

joelondon
Member of Standing
Posts: 491
Joined: Wed Oct 01, 2008 11:16 pm
Location: london
United Kingdom

Re: Travelling to Spain

Post by joelondon » Thu Oct 09, 2008 11:52 am

Wanderer wrote:
eera wrote:Hello all
My friend having Pakistani passport and he has live to remain visa as he married British resident. He want go to Spain next month and he just wonder whether he needs visa? Can any one help please?
Schengen visa from the Spanish Consulate. Good luck with that, cos;

1. It costs a £15 0906 call to book the appointment

2. It's most likely booked up for several months

3. The Spanish Consulate is manned by the rudest Spaniards they could find, and that's saying something....
I BELIEVE THAT HE DOESNT NEED A VISA ON THE NEW LAW 2004/38/EC ,u can travel to any shengen countrys without visa , if you hold a uk resident permit , permanent resident or ILR ...goos luck and enjoy your holidays in spain. what u have to take with u just in case ,your married certificate .

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Travelling to Spain

Post by Wanderer » Thu Oct 09, 2008 12:01 pm

Last edited by Wanderer on Thu Oct 09, 2008 1:53 pm, edited 1 time in total.
An chéad stad eile Stáisiún Uí Chonghaile....

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Travelling to Spain

Post by Wanderer » Thu Oct 09, 2008 12:02 pm

joelondon wrote:
Wanderer wrote:
eera wrote:Hello all
My friend having Pakistani passport and he has live to remain visa as he married British resident. He want go to Spain next month and he just wonder whether he needs visa? Can any one help please?
Schengen visa from the Spanish Consulate. Good luck with that, cos;

1. It costs a £15 0906 call to book the appointment

2. It's most likely booked up for several months

3. The Spanish Consulate is manned by the rudest Spaniards they could find, and that's saying something....
I BELIEVE THAT HE DOESNT NEED A VISA ON THE NEW LAW 2004/38/EC ,u can travel to any shengen countrys without visa , if you hold a uk resident permit , permanent resident or ILR ...goos luck and enjoy your holidays in spain. what u have to take with u just in case ,your married certificate .
Wrong mate, the only advantage of ILR is the visa should be free but the Spanish will probably try and charge for it - the dood needs a visa.
An chéad stad eile Stáisiún Uí Chonghaile....

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Thu Oct 09, 2008 12:07 pm

I concur with Wanderer. If you try to use 2004/38/EC, your friend will either be refused boarding by the airline or will be refused at immigration in spain.

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Thu Oct 09, 2008 12:19 pm

paulp wrote:I concur with Wanderer. If you try to use 2004/38/EC, your friend will either be refused boarding by the airline or will be refused at immigration in spain.
I agree. And a friend of mine (Chinese EEA family member) recently obtained a Spanish visa here with no problem or rudeness.

SMOOTH OPERATOR
Member
Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Re: Travelling to Spain

Post by SMOOTH OPERATOR » Thu Oct 09, 2008 3:56 pm

Wanderer wrote:
joelondon wrote:
Wanderer wrote:
eera wrote:Hello all
My friend having Pakistani passport and he has live to remain visa as he married British resident. He want go to Spain next month and he just wonder whether he needs visa? Can any one help please?
Schengen visa from the Spanish Consulate. Good luck with that, cos;

1. It costs a £15 0906 call to book the appointment

2. It's most likely booked up for several months

3. The Spanish Consulate is manned by the rudest Spaniards they could find, and that's saying something....
I BELIEVE THAT HE DOESNT NEED A VISA ON THE NEW LAW 2004/38/EC ,u can travel to any shengen countrys without visa , if you hold a uk resident permit , permanent resident or ILR ...goos luck and enjoy your holidays in spain. what u have to take with u just in case ,your married certificate .
Wrong mate, the only advantage of ILR is the visa should be free but the Spanish will probably try and charge for it - the dood needs a visa.
you do not need an ILR to obtain a Schengen visa "free of charge". a spouse visa holder can also obtain it "free of charge"

SMOOTH OPERATOR
Member
Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Re: Travelling to Spain

Post by SMOOTH OPERATOR » Thu Oct 09, 2008 4:05 pm

Wanderer wrote:
Wrong mate, the only advantage of ILR is the visa should be free but the Spanish will probably try and charge for it - the dood needs a visa.
I dont quite agree with you Wanderer, A spouse visa holder could also be issued a Shengen visa free of charge if travelling with his or her partner.
That said, an ILR holder can still be charged if travelling alone where there is no intent to "travel with" or "to be with" their EU or EEA family member.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: Travelling to Spain

Post by 86ti » Thu Oct 09, 2008 4:29 pm

SMOOTH OPERATOR wrote:
Wanderer wrote:
Wrong mate, the only advantage of ILR is the visa should be free but the Spanish will probably try and charge for it - the dood needs a visa.
I dont quite agree with you Wanderer, A spouse visa holder could also be issued a Shengen visa free of charge if travelling with his or her partner.
That said, an ILR holder can still be charged if travelling alone where there is no intent to "travel with" or "to be with" their EU or EEA family member.
Sorry, that I ask this here but can anybody tell where the DIrective (so not applicable to the OP obviously) says that the travel must be "with" or "to be with" the EEA family member.

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Re: Travelling to Spain

Post by paulp » Thu Oct 09, 2008 5:52 pm

Schengen visas should be free for spouses of British Citizens. They are at the french embassy.

eera
Newly Registered
Posts: 3
Joined: Sun Aug 31, 2008 4:00 pm

Post by eera » Fri Oct 10, 2008 4:21 pm

Hello every one
Thanks for all your advise. My friend is going to Spanish embassy next week.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Oct 10, 2008 4:32 pm

eera wrote:Hello every one
Thanks for all your advise. My friend is going to Spanish embassy next week.
Has he made an appointment?
An chéad stad eile Stáisiún Uí Chonghaile....

SMOOTH OPERATOR
Member
Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Re: Travelling to Spain

Post by SMOOTH OPERATOR » Tue Oct 14, 2008 1:30 pm

86ti wrote:
SMOOTH OPERATOR wrote:
Wanderer wrote:
Wrong mate, the only advantage of ILR is the visa should be free but the Spanish will probably try and charge for it - the dood needs a visa.
I dont quite agree with you Wanderer, A spouse visa holder could also be issued a Shengen visa free of charge if travelling with his or her partner.
That said, an ILR holder can still be charged if travelling alone where there is no intent to "travel with" or "to be with" their EU or EEA family member.
Sorry, that I ask this here but can anybody tell where the DIrective (so not applicable to the OP obviously) says that the travel must be "with" or "to be with" the EEA family member.
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 29 April 2004


Article 10
Issue of residence cards
1. The right of residence of family members of a Union citizen who are not nationals of a Member
State shall be evidenced by the issuing of a document called "Residence card of a family member of
a Union citizen" no later than six months from the date on which they submit the application. A
certificate of application for the residence card shall be issued immediately.
2. For the residence card to be issued, Member States shall require presentation of the following
documents:
(a) a valid passport;
(b) a document attesting to the existence of a family relationship or of a registered partnership;
(c) the registration certificate or, in the absence of a registration system, any other proof of
residence in the host Member State of the Union citizen whom they are accompanying or
joining;

(d) in cases falling under points (c) and (d) of Article 2(2), documentary evidence that the
conditions laid down therein are met;
(e) in cases falling under Article 3(2)(a), a document issued by the relevant authority in the
country of origin or country from which they are arriving certifying that they are dependants
or members of the household of the Union citizen, or proof of the existence of serious health
grounds which strictly require the personal care of the family member by the Union citizen;
(f) in cases falling under Article 3(2)(b), proof of the existence of a durable relationship with the
Union citizen.


Right of residence
Article 6
Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: Travelling to Spain

Post by 86ti » Tue Oct 14, 2008 2:39 pm

Thank you SMOOTH OPERATOR.

I misunderstood the meaning of 'being resident'. Travelling to another member country and staying there temporarily for less than 3 months, e.g. for a short holiday, obviously also means being resident there for that time. (Interesting, however, how the Directive speaks of 3 months while some embassy web pages say 90 days...)

SMOOTH OPERATOR
Member
Posts: 182
Joined: Mon Sep 25, 2006 8:22 pm
Location: bolton

Post by SMOOTH OPERATOR » Tue Oct 14, 2008 3:07 pm

well i would have thought the embassies have adhered to the Directive which indicates 3 months by mostly issuing visas for 90 days and it is up to an individual to stay up to 90 days if he or she wants to stay for the lenght of time in the EU countries. that said it is then a different story how the no return within 90 days when issued a 6 months multi entry visa works as i ave no clue on that.

i hope users will be able to shed some light on this.

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