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Schengen visa needed or not

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sweet fatima
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Posts: 66
Joined: Fri May 03, 2013 12:15 pm
United Kingdom

visa required?

Post by sweet fatima » Wed Jun 29, 2016 10:03 am

me and my husband want to travel to spain. he has a spouse visa, a pakistani passport and a valid spanish recidencia card. im a british citizen, would he need a visa?

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Casa
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Re: visa required?

Post by Casa » Wed Jun 29, 2016 10:31 am

It will be a question of convincing the airline to allow boarding in the UK with a Spanish residencia and without a Schengen visa. Entering Spain should present no problem.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

member
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Re: visa required?

Post by member » Wed Jun 29, 2016 10:32 am

Under what circumstances he got his residency card in Spain?

sweet fatima
Junior Member
Posts: 66
Joined: Fri May 03, 2013 12:15 pm
United Kingdom

Re: visa required?

Post by sweet fatima » Wed Jun 29, 2016 10:44 am

my husbands father was in Spain. he applied for his family from Pakistan to join him. His son was then given this residencia card in Spain.

sweet fatima
Junior Member
Posts: 66
Joined: Fri May 03, 2013 12:15 pm
United Kingdom

Schengen visa needed or not

Post by sweet fatima » Wed Oct 26, 2016 12:27 pm

Hi my spouse has a pakistani passport. A uk biometric reaident permit card. We want to tavel together to spain. I have a british passport. I wanted to know if he needs a schengen visa....even though he has a valid spanish residence card. Thanks.

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Casa
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Re: Schengen visa needed or not

Post by Casa » Wed Oct 26, 2016 1:05 pm

My understanding is that under Spanish law in order to be resident in Spain you must reside in Spanish territory for at least 183 days per year. If the Spanish border control officials believe that your husband has failed to do so it could result in his residencia permit being revoked.

Others may have more to add on this. Is his father still living in Spain?

Although my husband held a Spanish Carta de Residencia, when he travelled to Spain before being granted BC, he always applied for a Schengen visa.

The choice is yours.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sweet fatima
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Posts: 66
Joined: Fri May 03, 2013 12:15 pm
United Kingdom

Re: Schengen visa needed or not

Post by sweet fatima » Wed Oct 26, 2016 1:10 pm

Yes his family lives in spain. I heard thats if he travels with me as spouse then he wouldnt need a visa....we really want to go spain to visit his family...with our little girl

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Casa
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Re: Schengen visa needed or not

Post by Casa » Wed Oct 26, 2016 1:19 pm

Then apply for a Spanish Schengen visa. The airline won't permit him to board in the UK without the correct travel document. Until he is granted BC he will continue to require a visa for any countries for which he is a visa national.

It's your decision whether you risk travelling on the Spanish Residencia. Apart from the airline issue, the Spanish border authorities aren't always the most co-operative.

I am also aware that Moroccan nationals are being refused re-entry on their Carta de Residencia if they have been absent for more than 183 days.

I can't say whether this applies to other foreign nationals, but why risk it? :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: Schengen visa needed or not

Post by noajthan » Wed Oct 26, 2016 1:21 pm

sweet fatima wrote:Yes his family lives in spain. I heard thats if he travels with me as spouse then he wouldnt need a visa....we really want to go spain to visit his family...with our little girl
You have to get on planes as well as cross borders.
If simply travelling with you how will hubby get on the plane with no visa?

If that RC is still valid that should be accepted if airline staff have been properly trained and/or use the IATA Timatic database to check on requirements (however not all budget airlines use this system).
Your mileage may vary.

Schengen visa will eliminate all such messing about, stress and delay.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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