I am British. British passport and my wife and stepdaughter have UK residence permit and Thai Passport. We recently applied to the Spanish consulate for a Schengen visa for the school holidays July 21st through to the 30th August.
We was asked to provide our tickets which we duly did.
They demanded we buy travel insurance which I have found out since is not a legal requirement. They did the same to us in 2012 as well. Additional 120 pounds for nothing.
They failed to advise us that we can apply free to the Spanish consulate for the visa's. They (VFS) have conspired with the Spanish consulate to drive all enquires down the route of VFS.
They then issued my wife a 15 day single entry. Despite showing proof of travel. When I emailed them this was their reply below:
Dear Madam/Sir,
As a general rule, for EU family members, this Consulate grants 15 days long Schengen Visas.
Yours faithfully,
Spanish Consulate General
Visa Department
Tel: +44 20 7594 4905 | Fax: +44 20 7581 7888
Email: cog.londres.vis@maec.es
Consulado General de España / Spanish Consulate General
20 Draycott Place, London SW3 2RZ
http://www.exteriores.gob.es/consulados/londres/en
So NO MORE multi trip Schengen visa's it appears.
With my step-daughters visa, they asked for a consent from my stepdaughters father to signed. Unfortunately we/she doesn't know where her father is or if he even alive. We have never been asked this before as my wife has sole custody and all Home office letters are direct with my wife. We have been married 12 years and my step daughter is 13. We have been issued Schengen visa's before and never had an issue either. We provided the Thai sole custody document and a certified translation. They have refused to accept it. They have requested a letter from the Thai Embassy which I travelled to yesterday. They refused to write a letter. All they would offer is to stamp the custody document, which I have paid for and will be processed in the next few days.
I emailed a copy of the document to an immigration officer in the Swedish Embassy who I have dealt with before and she has indicated that this document is sufficient however the Spanish refuse it. ????
So I have been onto the Europa Advice Service and this is their advice and shows clearly that the Spanish Consulate is Breaking the Law:
Dear Sir/Madam,
A Your Europe Advice expert has re-examined your enquiry, the reply to which we already sent or tried to send to you earlier. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.
Thank you for contacting Your Europe Advice.
We are sorry to hear of your difficulties.
Contrary to the claim of the Spanish consulate, a Schengen visa is usually issued for the duration of the intended stay up to the maximum 90-day permitted period of stay (Articles 21 and 24 of the Schengen Visa Code Regulation 810/2009 applies).
Moreover the Schengen Visa Handbook (COM (2010) 1620, Part II, para 9.1.1.2, pp.67-68) explicitly states that “the period of authorised stay should correspond to the intended purpose of stay or transit, while respecting the general rules in relation to the length of stay. … When a multiple entry visa is issued with a period of validity between 6 months and 5 years, the duration of authorised stay is always 90 days per 180 days-period.”
As a result, we consider that the Spanish consulate breached Articles 21 and 24 of the Schengen Visa Code by failing to issue your wife with a visa for the entire intended period of stay.
Under Article 5 of Directive 2004/38 which governs the travel and residence rights of EU citizens and their family members, your wife and step-daughter have a right to apply for a visa free of charge.
We can confirm that, as the non-EU family member of an EU citizen who is applying for a Schengen visa, your wife and step-daughter must be able benefit from the accelerated procedure under Directive 2004/38, including the possibility of obtaining a visa free of charge from the Spanish consulate.
Indeed, the Schengen Visa Handbook (COM (2010) 1620) specifically explains this at Section 3.2 of Part III relating to applications for a Schengen visa submitted by non-EU family members of EU citizens:
“3.1. Visa Fee No visa fee can be charged.”
This is also made clear on the official standard application form for Schengen visas contained in Annex I of the Schengen Visa Code, which clearly states that the application should be free.
As to the issue of your step-daughter’s application, you should know that the Spanish authorities are entitled to see documentation to show that your wife has sole custody of her child. You mentioned you had provided such documentation but that the Spanish consulate was asking for additional documentation.
Since your wife and step-daughter have been charged a fee for the issue of their visa by the Spanish consulate in breach of Article 5(2) of Directive 2004/38 and failed to issue a visa for the entire duration of your stay, we are referring the matter to our sister service. Please click on the link on our previous message.
We hope this answers your query.
We remain at your disposal, should you require further information.
So the Spanish are rewriting the rules.
I advise everyone to use the Europa advise service Link below:
http://europa.eu/youreurope/advice/index_en.htm
I also advice you to contact your MEP 's to advise them of what is going on. Its clearly racially profiling of my wife and step daughter as unwanted in their country.
Email Juncker as well on: president.juncker@ec.europa.eu
https://ec.europa.eu/commission/2014-20 ... nt/team_en
If enough people raise enough stink and ruffle enough feathers then maybe we will get our rights. Right now many of us are being denied them illegally without justification just because our wives or other family members are born outside the EU. Its disgusting and hateful. Its racially discriminating a set of people who under EU directives have rights that the powers that be have decided to deny them. It f's me off I tell you.
Schengen Visa Handbook describing the RULES they have to apply. By the way the Consulates are instructed to add additional staff in peak times to accommodate issuing family visas free without the use of VFS
http://ec.europa.eu/home-affairs/polici ... 620_en.pdf
And a final rant
I am going to Sue VFS and the Spanish for my money back for this application and the application in 2012. I will update this thread with the outcome.
