HELP!!! Spanish spouse visa rejected to Spain

[lanalana]

Hello! Please help I don't know what to do.
That's what I got today for my Spanish visa application :

Your visa application reference number:xxxxxx
> is pending and additional documents are required, please contact the Schengen Visa Application Centre for details .

Then I called visa application center and the girls who didn't seem to be any informed told me that I should book another appoitnment and apply as a normal tourist when my ticket is for 27h of August!

All me and my husband who is Spanish citizen wanted and anticipated was going to Spain for our honeymoon. We got married in May but couldn't go further than Brighton because my passport was in UKBA for getting a new residence permit.

I finally got it a month ago, and happilly I went to http://es.vfsglobal.co.uk/ website to book an appointment for a visa to Spain. While filling in the application form, I was asked if I was a family member of EU citizen (I would like to point out, if I am a family member, not if we are travelling together) I put yes and all the "unnessesery" fields were inactive automatically!!! I.e. I wasn't asked about my job, bank, or any other details!!!!

I studied carefully the web-site that stated that I should apply under the EU spouse category if I am travelling with my spouse or travelling with the intention to join him. That was my case. My husband is a Spanish citizen he was going home a week before me to change his ID card as his had expired and visit some family and friends and I would join him.

I would like to pay special attention to the fact that if we were travelling together I wouldn't have to apply for a visa at all under the Directive 2004/28/EC. That is why I was going to apply.

My husband was going to Spain on 20 th of August and I booked my tickets to Tenerife for 27th August according to the closest appoitment date at the visa center that was available 13.08.2013, as stated on the website 2 weeks would be enough to get the visa. (Also from my last years experience it took just 2 days to get the visa to Spain).

Last week on my appointment I had all the documents required under the EU spouse category: Mine and my husbands passports, my residence card, our marriage certificate, photos, all the copies, application form. In case of something I had enclosed my return tickets and our hotel bookings. Then the gentlmen who was taking my documents after a consultation with his boss asked me to prove that I was joining my husband in Spain so I showed him both of our names in the hotel booking. After that my documents were accepted.

And just now I have received an email saying that I have to present more documents. I have called to the visa center and was told that I should apply as a tourist.
This came as a complete shock to me.

I believe my husband as a Spanish citizen has a right to take me to his homeland and me as his spouse to join him there. This is stated in the EU law...
I really believe I should apply as a EU spouse as I am joining my husband and visitng some of his family and friends which we proved by the joined hotel booking. And I presented all the documents required as a EU spose.

Also they wanted me to apply as a tourist they should have asked so a month ago. It was not me but the online system that asked if I was the family member of the EU citizen and switched off all the "tourist" fields of the application form. So on the application date I presented all the documents I was asked to bring! Also I could have been told a week ago to bring all other documents if they were so essential,when applying not now. Now just today my husband went to Spain. Therefore he can't provide me a sponsor letter or something.

And he is waiting me there. We have our tickets and hotel booked for hour honeymoon.

What should I do? Where should I go???
I have wrote some emails that supid girl on the phone told me to email visa application center, which i think doesnt make any sence. And if I go there, I don' even have more documents.... Also the email said my application was pending and she told me to apply again?
Shall I go to Spanish consulate? Will they let me in.

I'm complitely lost I don't know what to do, and the tickets are non-refundable.

[the hurricane]

Hello! Please help I don't know what to do.
That's what I got today for my Spanish visa application :

Your visa application reference number:xxxxxx
> is pending and additional documents are required, please contact the Schengen Visa Application Centre for details .

Then I called visa application center and the girls who didn't seem to be any informed told me that I should book another appoitnment and apply as a normal tourist when my ticket is for 27h of August!

All me and my husband who is Spanish citizen wanted and anticipated was going to Spain for our honeymoon. We got married in May but couldn't go further than Brighton because my passport was in UKBA for getting a new residence permit.

I finally got it a month ago, and happilly I went to http://es.vfsglobal.co.uk/ website to book an appointment for a visa to Spain. While filling in the application form, I was asked if I was a family member of EU citizen (I would like to point out, if I am a family member, not if we are travelling together) I put yes and all the "unnessesery" fields were inactive automatically!!! I.e. I wasn't asked about my job, bank, or any other details!!!!

I studied carefully the web-site that stated that I should apply under the EU spouse category if I am travelling with my spouse or travelling with the intention to join him. That was my case. My husband is a Spanish citizen he was going home a week before me to change his ID card as his had expired and visit some family and friends and I would join him.

I would like to pay special attention to the fact that if we were travelling together I wouldn't have to apply for a visa at all under the Directive 2004/28/EC. That is why I was going to apply.

My husband was going to Spain on 20 th of August and I booked my tickets to Tenerife for 27th August according to the closest appoitment date at the visa center that was available 13.08.2013, as stated on the website 2 weeks would be enough to get the visa. (Also from my last years experience it took just 2 days to get the visa to Spain).

Last week on my appointment I had all the documents required under the EU spouse category: Mine and my husbands passports, my residence card, our marriage certificate, photos, all the copies, application form. In case of something I had enclosed my return tickets and our hotel bookings. Then the gentlmen who was taking my documents after a consultation with his boss asked me to prove that I was joining my husband in Spain so I showed him both of our names in the hotel booking. After that my documents were accepted.

And just now I have received an email saying that I have to present more documents. I have called to the visa center and was told that I should apply as a tourist.
This came as a complete shock to me.

I believe my husband as a Spanish citizen has a right to take me to his homeland and me as his spouse to join him there. This is stated in the EU law...
I really believe I should apply as a EU spouse as I am joining my husband and visitng some of his family and friends which we proved by the joined hotel booking. And I presented all the documents required as a EU spose.

Also they wanted me to apply as a tourist they should have asked so a month ago. It was not me but the online system that asked if I was the family member of the EU citizen and switched off all the "tourist" fields of the application form. So on the application date I presented all the documents I was asked to bring! Also I could have been told a week ago to bring all other documents if they were so essential,when applying not now. Now just today my husband went to Spain. Therefore he can't provide me a sponsor letter or something.

And he is waiting me there. We have our tickets and hotel booked for hour honeymoon.

What should I do? Where should I go???
I have wrote some emails that supid girl on the phone told me to email visa application center, which i think doesnt make any sence. And if I go there, I don' even have more documents.... Also the email said my application was pending and she told me to apply again?
Shall I go to Spanish consulate? Will they let me in.

I'm complitely lost I don't know what to do, and the tickets are non-refundable.

I think the Spanish consulate may be right because the Directive applies only to EU citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. So in your case the Spanish national law is applicable (if I am not mistaken). But on your resident card is it written family member of EEA ( meaning that your husband is exercising his treaty in the UK)? if it is the case, then you could travel to Spain without a visa as long as you have your marriage certificate and a cover letter from your husband explaining that you will join him or apply for a visa a family member of EU national. Otherwise , it'd be a good idea to withdraw your application and apply in Germany as they are more flexible when it comes to the family members of EU national. Good luck!!

[EUsmileWEallsmile]

Basically, Spanish national law applies unless Spanish national exercised treaty rights first, cf Singh.

[lanalana]

I think the Spanish consulate may be right because the Directive applies only to EU citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. So in your case the Spanish national law is applicable (if I am not mistaken). But on your resident card is it written family member of EEA ( meaning that your husband is exercising his treaty in the UK)? if it is the case, then you could travel to Spain without a visa as long as you have your marriage certificate and a cover letter from your husband explaining that you will join him or apply for a visa a family member of EU national. Otherwise , it'd be a good idea to withdraw your application and apply in Germany as they are more flexible when it comes to the family members of EU national. Good luck!!

Thank you very much for your reply!
Well, as far as I understood I can't travel without a visa with the residence card to the country of my husband... But I can apply for the visa as a EU Spouse which I did!
Or I got all wrong?

Anyway, in the visa center noone mentioned anyhting about my husbands nationality when taking the documents...
I went there today and they said nothing about the fact that he was Spanish, it was just that I don't have enough of documens (as I understood cos we're not travelling together) and should apply as a normal toruist... Well maybe the visa center people are really bad-informed, cos they seems to know nothing!
Anyway this reason was never stated or mentioned.

Yes my husband has been living here fore over 2 years and I hava a residence card (its not actually a card its a EEA2 sticker in my passport that staes that I EEA family member thats right). Can you please explain me more? As far as I understood I can go without a visa only with a husband, our 2 passports and a marriage sertificate...
But again anywhere but Spain.

I'm totally confused!

Today I had to talk for an hour with people in the visa center who don't know anyhting about the EU law. I printed the letter explaining our situation and our rights (what I believe) and enclosed to my application that was sent back to the consulate. I'm thinking to pay the visit there tomorrow, cos I have just 2 working days before my fligths.
For this reasons I can't apply to another embassy otherwise I would have done it as I've read in internet that its only the Spanish one make it hard! Also the other problem is that my husband is already in Spani and now i dont have the original of his passport for another application.

I cant believe, last year when we were not married I was granted a visa in 2 days, I've had a lot of visas and never had a problem with any.
If I knew this, I wouldn't apply to the Spanish counsulate, or maybe wouldn't even go to Spain!!! Or at least I would have enclosed all the documents...[/quote]

[lanalana]

I mean yes he Lives in the UK, we both live here and married here and I have a residence card EEA2

[the hurricane]

I mean yes he Lives in the UK, we both live here and married here and I have a residence card EEA2

Yes you can travel to Spain without a visa if you hold EEA2 just bear in mind that some airlines are ignorant about it specially the low-cost carriers. For instance, on the spanish consulate's website in Ireland it states " Family members within the meaning of European law are, irrespective of nationality, the spouse and descendants of these persons dependent on them, as well as the dependent relatives in the ascending line of the person and their spouse. Only holders of 4EUFam residence card will be exempt of the visa requirement provided they accompany or join the EU-EEA citizen" , so the same rule should be applied for the UK residents too. VFS is wrong because Directive also applies when you are joining EU national but again it depends if Spanish national exercised treaty to their own citizens. If I were u I'd had withdrawn the application and travel without a visa as long as your husband can write a letter in Spanish explaining that u'll be joining him in Spain and u've ur marriage certificate with u I don't see any problem with that.

[lanalana]

. If I were u I'd had withdrawn the application and travel without a visa as long as your husband can write a letter in Spanish explaining that u'll be joining him in Spain and u've ur marriage certificate with u I don't see any problem with that.

How can I travel without a visa if I can;t even get one?
Update. I came to the consulate to accelerate my application as it's now just 2 working days left. I sudied all night the EU law, and btw it states I can go to Spain, joing my husband as we are living here and he's exercising rights here.
They didn't le me in and send me to get a letter from the visa center even though at the visa center the day befoe hey told me i could go to the consulate.
I came again to the visa center they said they didn't give any letters, though after some time and consultation they gave me the first letter they ever give autharising me to speak to members of Spanish consulate.
Anywayon my way back to the consulate I hav received the call from there, but the line cut off as I was on the train. Then my husband texted me that he recieved a call as well, but as he is in Spain hes credit ran off, and the woman didn't call back.
The only thing she mentoned was that as our marriage was'nt legalised in Spain and because we' re not travelling together, I should apply as a tourist.
I came o the consulate, they let me to the visa department where I saw the woman studying my application. I tried to speak to her very politely, but she was extremely rude to me and basically she kicked me out. She said that she didn'ttell me to come, and tha she called me only to get the number of my husband, and that he's the only person she's willing to speak to, that she already found the number but the line cut off and that she will call him back whenever she has the time, or he should call her back. She didn't want to hear anyhting abou the directie or european law and didn't want to explain me anything. She just shut me up and kicked me out of the consulate in tears.
Anyway he has tried to call her ever since and had to speak with the machine at the consulate.

I don't know if it's legitimate what she's asking, I don't really think so. We got married here, why would we legalise our marriage in Spain? We r just going there for a holiday.
And again if the rules are like that they should have told me earlier, and state the reasons clearly...

Dear hurricane, does the letter really work? I'm more worried about when I get to Spain... Last year I had the visa and everyhting and still had troubles i entering the country. I can't imagine what they will say if i show them English residence card and a letter.

[Directive/2004/38/EC]

You are correct to apply as the spouse of an EU citizen, as your husband has been working in the UK and so EU law applies.

You should be very clear with them that you will report them to the European Commission (making a formal complaint) if they persist and that they are required to issue the visa on a priority basis. Be sure to right down names.

The Spanish embassy visa section is a little ignorant of the law, and quite rude and arrogant. And in this case they are wrong and can get in a lot of trouble.

If you are a citizen of a South American country, the embassy in London is bound to be especially rude to you.

See page 81 and following of
https://dl.dropboxusercontent.com/u/278 ... ok2010.pdf

[the hurricane]

. If I were u I'd had withdrawn the application and travel without a visa as long as your husband can write a letter in Spanish explaining that u'll be joining him in Spain and u've ur marriage certificate with u I don't see any problem with that.

How can I travel without a visa if I can;t even get one?
Update. I came to the consulate to accelerate my application as it's now just 2 working days left. I sudied all night the EU law, and btw it states I can go to Spain, joing my husband as we are living here and he's exercising rights here.
They didn't le me in and send me to get a letter from the visa center even though at the visa center the day befoe hey told me i could go to the consulate.
I came again to the visa center they said they didn't give any letters, though after some time and consultation they gave me the first letter they ever give autharising me to speak to members of Spanish consulate.
Anywayon my way back to the consulate I hav received the call from there, but the line cut off as I was on the train. Then my husband texted me that he recieved a call as well, but as he is in Spain hes credit ran off, and the woman didn't call back.
The only thing she mentoned was that as our marriage was'nt legalised in Spain and because we' re not travelling together, I should apply as a tourist.
I came o the consulate, they let me to the visa department where I saw the woman studying my application. I tried to speak to her very politely, but she was extremely rude to me and basically she kicked me out. She said that she didn'ttell me to come, and tha she called me only to get the number of my husband, and that he's the only person she's willing to speak to, that she already found the number but the line cut off and that she will call him back whenever she has the time, or he should call her back. She didn't want to hear anyhting abou the directie or european law and didn't want to explain me anything. She just shut me up and kicked me out of the consulate in tears.
Anyway he has tried to call her ever since and had to speak with the machine at the consulate.

I don't know if it's legitimate what she's asking, I don't really think so. We got married here, why would we legalise our marriage in Spain? We r just going there for a holiday.
And again if the rules are like that they should have told me earlier, and state the reasons clearly...

Dear hurricane, does the letter really work? I'm more worried about when I get to Spain... Last year I had the visa and everyhting and still had troubles i entering the country. I can't imagine what they will say if i show them English residence card and a letter.

Mmm I don't think that the Spanish Consulate will make it easier for u, I dread that they won't issue u a visa if u dont submit these papers unless there is an intervention from their upper institution like ministry of foreign affairs ( which is unthinkable since u are running out of time). The reason why they are forcing u to apply as a tourist is because they can easily refuse a visa without explaining while as a family member of EU they must have it in written which is hard to prove.
I am confident that a letter and marriage certificate will get u into Spain as long as you fight for your right by showing them the Directive 2004/38/, I will recommend u to have it in Spanish and underline it. It is even written on their own website ( Spanish Consulate in Ireland) that a spouse of EU national doesn't need a visa if accompanying or joining EU national (http://www.vfsglobal.com/spain/ireland/ ... req.html#1)
PS; I think u will have to withdraw your application before they put a refusal stamp on your passport not sure what other forum members are think about?

[lanalana]

You are correct to apply as the spouse of an EU citizen, as your husband has been working in the UK and so EU law applies.

You should be very clear with them that you will report them to the European Commission (making a formal complaint) if they persist and that they are required to issue the visa on a priority basis. Be sure to right down names.

The Spanish embassy visa section is a little ignorant of the law, and quite rude and arrogant. And in this case they are wrong and can get in a lot of trouble.

If you are a citizen of a South American country, the embassy in London is bound to be especially rude to you.

See page 81 and following of
https://dl.dropboxusercontent.com/u/278 ... ok2010.pdf

I finally got my visa! She emailed my husband he responded to her yesterday so in the morning she called me and told to come and pick up the visa.
I was extremely happy until I got to the consulate and saw that my visa was a toruist visa with a single entry just for a month. She told me that I have received a tourist visa cos we don't have a family book, and as I'm a spouse of Spanish citizen we should have one. She said a consulate made an exception for this time having isseued me a visa and won't do it again.

I don't know if their requirements of Spanish legalization of our marriage certificate is legitimate cos I've never seenany info about it.
I just know that that while in Russia my friends for the last 2 years are getting 1 year long 90 days multiple visas from Spain!, I'm for the second year failing to get one. In Russia they give 1 years visas to everyone who have had Schengen before, and who had been to Spain, etc. I've had 6 schengen visa, 3 of them for a year, have been to Spain 3 times and have a Spanish husband and can't get a normal visa.
Last year cos of this I couldn't' go to spent a new year with my bf to Spain.

[lanalana]

Mmm I don't think that the Spanish Consulate will make it easier for u, I dread that they won't issue u a visa if u dont submit these papers unless there is an intervention from their upper institution like ministry of foreign affairs ( which is unthinkable since u are running out of time). The reason why they are forcing u to apply as a tourist is because they can easily refuse a visa without explaining while as a family member of EU they must have it in written which is hard to prove.
I am confident that a letter and marriage certificate will get u into Spain as long as you fight for your right by showing them the Directive 2004/38/, I will recommend u to have it in Spanish and underline it. It is even written on their own website ( Spanish Consulate in Ireland) that a spouse of EU national doesn't need a visa if accompanying or joining EU national (http://www.vfsglobal.com/spain/ireland/ ... req.html#1)
PS; I think u will have to withdraw your application before they put a refusal stamp on your passport not sure what other forum members are think about?

I'm not south African, I'm Russian but it seems like they hate us as well, and personally me. Last year they gave me a tourist visa without any problems but when I came out of the plane, the IO who btw spoke only spanish and io could understand him only cos the guy behind me in the que was translating didn't want to let me. He was asking me for hotel booking and I was staying with my bf's family, he was asking to show him money and was unhappy that I had pounds (I wanted to change them in Spain cos the rate was better) and he as well "made me a favour" at the end after i Showed 2 credit cards, to stamp my passport.
So I don't really believe that going there without a visa would ever work for me. Can you imagine if I had a visa I received it in UK, therefore I showed all the documents to the consulate to issue me one, had a student visa in the UK, and yet he didn't want to let me in. What would be with spanish IO if they saw a letter
I don't even want to go to Spain anymore, I've never felt more like a 3d class person without any rights how they make me feel for the last 2 years.

[the hurricane]

You are correct to apply as the spouse of an EU citizen, as your husband has been working in the UK and so EU law applies.

You should be very clear with them that you will report them to the European Commission (making a formal complaint) if they persist and that they are required to issue the visa on a priority basis. Be sure to right down names.

The Spanish embassy visa section is a little ignorant of the law, and quite rude and arrogant. And in this case they are wrong and can get in a lot of trouble.

If you are a citizen of a South American country, the embassy in London is bound to be especially rude to you.

See page 81 and following of
https://dl.dropboxusercontent.com/u/278 ... ok2010.pdf

I finally got my visa! She emailed my husband he responded to her yesterday so in the morning she called me and told to come and pick up the visa.
I was extremely happy until I got to the consulate and saw that my visa was a toruist visa with a single entry just for a month. She told me that I have received a tourist visa cos we don't have a family book, and as I'm a spouse of Spanish citizen we should have one. She said a consulate made an exception for this time having isseued me a visa and won't do it again.

I don't know if their requirements of Spanish legalization of our marriage certificate is legitimate cos I've never seenany info about it.
I just know that that while in Russia my friends for the last 2 years are getting 1 year long 90 days multiple visas from Spain!, I'm for the second year failing to get one. In Russia they give 1 years visas to everyone who have had Schengen before, and who had been to Spain, etc. I've had 6 schengen visa, 3 of them for a year, have been to Spain 3 times and have a Spanish husband and can't get a normal visa.
Last year cos of this I couldn't' go to spent a new year with my bf to Spain.

Congrats! Well that is totally bullshit because the given visa is issued on basis of Directive 2004/38. Saying that she made an exception for this time is completely nonsense since there is a visa code that all Member State Consular must follow. It is your right period. Don't buy that story because at the first she was rude to you and asking unnecessary documents, and suddenly she helped u? who is she? The new mother Terresa? That's just crap, she simply applied the EU-law and u were entitled for that free entry visa. I think u could enter Spain without a visa because I'd hardly imagine that they deport u since u are a spouse of EU, of course it wouldn't have been easy but ultimately they'd have let u in. So it has nothing to do with ur nationality. So please don't be discouraged by that they are just ignorant about the EU-law. Perhaps u could fill in a complaint to the European Commission, and this will may for the future application. At least have a safe trip and hopefully u'll have a good time in Spain!!

[Directive/2004/38/EC]

Good that they finally issued the visa.

I urge you to complain in writing the the European Commission.
And send a copy to the embassy.

When you get back you should apply for another visa, even if you do not plan to travel. That gives you time to complain and to have it handled properly.

Will you be travelling with your husband when you enter Spain? Or will he be meeting you at the airport?