Non-EU with ILR travel to Spain with UK spouse

[lou26]

Hi,

Not sure if this is the right section to post - maybe should be ILR?

My (kenyan) husband has ILR and I want to travel with him to Spain this year for a weeks holiday - does he need a visa? I am a little confused with all that I have been reading (I am a british citizen). I have read that because we will be going together and he is my spouse we will not need a visa for him and then on the spanish embassy website kenyans need a visa for spain.

Ideally the answer would be no he doesn't need one - as he has recently gone quite overdrawn in his bank because of family issues and for a Spanish visa I have read that he needs to show bank statements and have sufficient funds.

To cut a long story short (as much as you think we probably shouldn't be going on holiday at all in these circumstances) we have never had a holiday together in the 4 years he has been here, I am not overdrawn and we could both do with a bit of a break!

Please help clarify,

Thanks

[MPH80]

The answer is ... in theory no ... but in reality - it's sensible to get a visa (which is a free and easy process).

*Note: all this is assuming you're a british citizen.

The theory says - you're an EU citizen allowed free movement and your husband has that extended to him. The reality is that a good number of immigration officials in EU countries don't get that and their laws don't necessarily represent that.

HOWEVER, getting a schegen visa for a spouse is a) free and b) easy, as all you need to do is prove you're married. (I've done it multiple times for my wife before she became a BC)

See here: http://www.maec.es/subwebs/Consulados/L ... vices.aspx

The problem with that page is that they say you must have a UK residence card - and the UK doesn't issue residence cards for spouse visas or ILR holders.

So the bit (and document list) below applies to your husband - which basically says 'marriage document', 'visa for uk', 'passport', 'photos', 'tickets'.

And here is where it says it's free: http://www.maec.es/subwebs/Consulados/L ... vices.aspx

[lou26]

Thanks for your reply. That is good news (i hope!) although it still says they can refuse entry on the schegen visa? But presumably if nothing has changed since he got the visa and it carries all the correct info its ok! Yes i am a British citizen.