Going to Spain

[stockwatch100]

This forum is full of great information, however after reading most of the threads and trying to work out an answer I'm even more confused. It seems even here we have so many different opinions!!

So here's the question, short and sweet.

I am a UK citizen, my wife a Russian. She has a residency card currently for 2 years (we married last year).
We want to go to Spain in August for 3 weeks holiday.

Does she need a visa?

Thats the simple question, hopefully someone can give me a yes or no.
Now, I'd like to ask the collective minds a further question or two.

We will probably fly Easyjet. If we have no visa, are they aware of the EU rules, or will they be their usual pain in the butt?
What about immigration at Malaga, anyone actually turned up with no visa quoting the EU directive?

If we can get a clear, concise answer, then maybe this thread could go sticky!!

[Plum70]

Your wife's a 'visa national' and neither the airline folks nor a bunch of the immigration crew have a clue how a RC is meant to make life easier for non-EEA family members.

Better for her to apply to the Spanish Embassy for a schengen visa. You may have heard that they are just as friendly, if not more, than bulls on steroids and isotonic shots so be prepared!

By the way, why just two years in hr current RC? It's normally issued for an initial 5 year period.

[86ti]

2 years? Does it look like this?

[stockwatch100]

She has 2 years as that’s what you get when you first apply for your wife to stay in the UK, after you have married here.
Once the 2 years are done, provided you are still together (and have all the right paperwork) then you get indefinite leave to remain.
At present it’s called further leave to remain.

Never seen that card before, her's looks nothing like that.

So, it seems there is a rule (and, if you look on the Spanish Consulate in London's website it does say about this, and you DONT need a visa) it’s still better to get one as the guys at the border have no clue?

How f'*@king stupid it that?

Anyone got any other comments?

[Wanderer]

My guess is the missus is on UK immigration rules so will need a Schengen visa, issued for free. EU rules don't apply.

Udachi vam i dobro pozhalovat' or however u spell it!

[djb123]

My guess is the missus is on UK immigration rules so will need a Schengen visa, issued for free. EU rules don't apply.

Yup, need to apply for a schengen visa as the family member of an eu citizen.

[stockwatch100]

Okay, thanks.
A question though, why?

She's the wife of an EU citizen, with a residency card that says on it "spouse".....and travelling with me.
Does that not qualify then, and if not why not?

[Wanderer]

Okay, thanks.
A question though, why?

She's the wife of an EU citizen, with a residency card that says on it "spouse".....and travelling with me.
Does that not qualify then, and if not why not?

Well, the basis of all this is two sets of immigration rules, national ones, in ur case British, or EU rules. U r stuck on British, u can't go on EU immigration rules unless u 'exercise a treaty right' - in simple only if u can't use national rules, either cos u r living in another EU state other than ur own, or use ur own States rules cos ur not resident there anymore. Makes sense really, EU rules cover those scenarios.

U r an EU citizen but ur wife is not here under EU immigration rules - simples!

[stockwatch100]

Thanks, it still leaves me wondering why they make it so complicated and its no supprise that the guys on the border controls struggle.

Have to say though, if I was living in Spain and wanted to go to France, then no visa....or the UK, then no visa..........but because I'm in the UK I need a visa.
Bonkers!

[86ti]

Never seen that card before, her's looks nothing like that.

That's because she doesn't have a residence card as you claim. It's probably a spouse visa. Totally different.

[stockwatch100]

She does though, it says on the thing "Residence Card" and was issued Septemeber 2009.

[Wanderer]

She does though, it says on the thing "Residence Card" and was issued Septemeber 2009.

Residence Card or Residence Permit?