UK Citizen and Vietnamese wife having issues with Spain

[Cruatha]

I'm a British national resident in Spain for the last year or so.

I recently got married to my Vietnamese wife here in Vietnam, and have been stuck here for a couple months now with the wedding and now with the Spanish embassy being crazy.

They've denied the Schengen entry visa for her because the UK doesn't register foreign marriages and since they can't get a document from the UK Embassy saying our marriage is valid, they don't honor it. This is clearly against the EU Directives, but despite me and my Spanish lawyer pointing that out to the head of the consular section, they refuse to budge.

So, they suggested we apply for a tourist visa. However, they're now making noises like they're going to deny that as well, since she clearly doesn't intend to return to Vietnam. One of the suggestions they made was that we prove that we're a legit couple by having lived together for a year or come in for an interview at the Embassy in Hanoi. In general they seem very confused and quite unreasonable.

So - I now am in work around them mode. I'm paying rent on my apartment in Spain and here in Vietnam and this trip is starting to get very expensive. This has got to stop.

I need suggestions about how to sort this in a short amount of time. Things I've thought of, please feel free to add suggestions or ask clarifying questions.

• Apply for a Schengen visa to another EU country. France maybe? Can I invoke freedom of movement to travel to a EU country with my wife where I am not resident? We just need to get in the Schengen area, they've already admitted in writing that the documents we have are sufficient for a residence card, just not good enough for an entry visa.
• Go to Morocco and cross the Med on a ferry to get to the border in Tarifa. This involves getting her a Moroccan tourist or transit visa, but that will probably not be a problem.
• The long and arduous appeals process. I want to avoid this, as I really want to get home.

This is immensely frustrating. I would appreciate any advice on how to sort this out.

[noajthan]

I'm a British national resident in Spain for the last year or so.

...

I need suggestions about how to sort this in a short amount of time. Things I've thought of, please feel free to add suggestions or ask clarifying questions.

• Apply for a Schengen visa to another EU country. France maybe? Can I invoke freedom of movement to travel to a EU country with my wife where I am not resident? We just need to get in the Schengen area, they've already admitted in writing that the documents we have are sufficient for a residence card, just not good enough for an entry visa.
• Go to Morocco and cross the Med on a ferry to get to the border in Tarifa. This involves getting her a Moroccan tourist or transit visa, but that will probably not be a problem.
• The long and arduous appeals process. I want to avoid this, as I really want to get home.

This is immensely frustrating. I would appreciate any advice on how to sort this out.

Wife should be able to get a Schengen visa for a.n.other member/Schengen country - for example, to visit or to move there with you.
You are free to travel ofcourse.
Enjoy a few days break and transfer to Spain.

Other members have reported document-related issues with Spain.
See various links that may help (within these members' posts):
http://www.immigrationboards.com/immigr ... n#p1369461

http://www.immigrationboards.com/europe ... e#p1305128

[Casa]

IMHO, I would avoid entering through Morocco as the border controls are incredibly tight on both sides. I would go with your option of travelling via another Schengen state....unless someone else can come up with a better plan.

Edit: Beaten by noajthan due to his speedier response and my over-editing.

[noajthan]

Edit: Beaten by noajthan due to his speedier response and my over-editing.

Lovely writing though Casa, and all lined up.

[Cruatha]

Thanks guys, much appreciated.

I'm currently still talking via email with the consulate, after having quoted an email from the UK Embassy where they said "Hey, we don't do that"

Thank you for your email. There is no legal requirement for a couple who are already married in a foreign country to re-register their marriage under the UK Law. A marriage certificate with a true translation would be sufficient for administrative purpose, including UK Visa application. The Embassy no longer provides standard wording to comment on the validity of a foreign marriage under UK law nor confirm that a foreign marriage cannot be registered in the UK or at a British Embassy or Consulate for the purpose of a visa application to Spain by a non-EU spouse of a British person. You might want to mention to the Spanish Embassy and your lawyer that this was agreed at a meeting between consular staff at the British Embassy in Madrid and the Ministerio de Asuntos Exteriores y de Cooperación on 8 February 2016. At this meeting the Ministerio confirmed that Spanish embassies consider each visa application on its own merits and would do so without recourse to comment from the UK authorities. The British Embassy Madrid wrote formally by Note Verbale to the Ministerio on 22 March 2016 which was duly acknowledged by the Ministerio on 6 April 2016.

It's kind of sad that the UK Embassy has to tell the Spanish Embassy how to do their job.

But, I've now been told that someone higher up is "monitoring your case" and will get in touch with me. So hopefully that will happen and this will sort itself out soon enough. If it doesn't, I'll see if I can get her a visa in France or something.