Travelling to Spain without a visa. UK ILR holder.

[thetoothfairy]

Hello everyone. I am applying for a Schengen Visa as a spouse of an EU national ( UK ) . I have ILR in the UK.

I have been to the Spanish Consulate twice and I have never in my life met anyone as arrogant as the consular staffs.I was told I needed a flight ticket showing entry and departure.

I have made a third appointment after spending over £120 in travel and the stress of travelling. It was then stated on my email that since I am from a 'third world' country I should not expect a visa any sooner than 3 weeks. They never said anything of such in my previous appointments although it is stated on their website. I just assume they enjoy the pain it causes and having checked the date wants to issue a visa when it is not needed.

I have contacted the EC which said I should take a copy of Article 39 of the Schengen Visa Code (Regulation No 810/2009) just so I could be treated like a human but do not have a right to accelerated procedures under Directive 2004/38 if not travelling with spouse.

Sorry for ranting.

My questions are?

1, Can I travel to Spain without a visa with my spouse ( UK ILR does not say Family of EEA )

2. Can I get my passport back any time I want? As I do not need the visa if I cannot get it for the trip and do not want to go to Spain ever in my life.

3. Are there any other country I can apply to which will be quicker from experience? Go there and then travel to Spain?

4. I have the name of the Consular staff how do I make a complaint? ( Had to ask him over 5 times and he reluctantly wrote a name on the paper, they do not wear badges so I am unsure if that is his name)

5. When do I qualify for British Naturalisation? Been in the UK legally since 2007 as a student till 2009, on a spouse visa till 2011 and ILR granted Sept 2011.

Thank you for your time

[ca.funke]

...as a spouse of an EU national...

your questions should be answered >>here<<.

If not, just ask

[thetoothfairy]

...as a spouse of an EU national...

your questions should be answered >>here<<.

If not, just ask

That answers question 1
Thank you

[ca.funke]

1, Can I travel to Spain without a visa with my spouse ( UK ILR does not say Family of EEA )

2. Can I get my passport back any time I want? As I do not need the visa if I cannot get it for the trip and do not want to go to Spain ever in my life.

3. Are there any other country I can apply to which will be quicker from experience? Go there and then travel to Spain?

4. I have the name of the Consular staff how do I make a complaint? ( Had to ask him over 5 times and he reluctantly wrote a name on the paper, they do not wear badges so I am unsure if that is his name)

5. When do I qualify for British Naturalisation? Been in the UK legally since 2007 as a student till 2009, on a spouse visa till 2011 and ILR granted Sept 2011.

1. yes you may go without visa, see post I linked before
2. passports usually remain the property of the issuing state. You can claim it back any time, if this is not entertained, contact the issuing state, which "should" get angry about this.
3. I personally have very good experiences with Austria.
4. send an email to sg-plaintes@ec.europa.eu, that´s the complaint department of the EU. Don´t expect a first reply before 2 months, and no solution before ~10 years. (Eergh, I mean 10 years, I have complaints running with them for 6 years now, so far nothing happened, still ongoing...)
5. no idea, hope s1 else will reply you well

[Jambo]

Assuming that you are married to a BC and that you meet the requirements, then you are already eligible to apply for naturalisation since September 2011.