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EEA/EU Spouse Visa required

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hacheeb
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Joined: Tue Jun 20, 2017 11:17 am

EEA/EU Spouse Visa required

Post by hacheeb » Tue Jun 20, 2017 11:38 am

Hi,

I am a British passport holder living in the uk with my wife from Pakistan with a spouse visa in her passport

From my understanding she does not need a visa as she has a residents permit(spouse visa with my name mentioned) and spouse of a EU national(me) according to the following statement:

''
Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid 1*UK Residence Permit / 2* British Residence Permit card are not required of a visa to enter Spain if traveling with

1* “Residence Card of a Family Member of an EEA/EU National”
2 * “Residence Card of a Family Member of a Union Citizen”
''

but I have been told by the Visa Application Centre BLS she needs a visa

i don't mind paying for a visa but we are travelling on 3rd July and the next appointment at BLS is 27th June leaving only 3days to process (5-6 days required as i am paying for the premium service)

My question is can i risk showing up at the airport without a visa for her?

Any help would be most appreciated, thanks

Haseeb

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA/EU Spouse Visa required

Post by Casa » Tue Jun 20, 2017 12:17 pm

The airline are unlikely to allow her to travel as she risks being refused entry by Spanish Border Control, which will result in a financial penalty for the airline.

Your wife holds a visa under UK Immigration Rules, not a Residence Permit under EEA Regulations. She needs a Spanish Schengen visa.
(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.

hacheeb
Newly Registered
Posts: 2
Joined: Tue Jun 20, 2017 11:17 am

Re: EEA/EU Spouse Visa required

Post by hacheeb » Tue Jun 20, 2017 9:56 pm

Thank you for responding Casa

Do you think i will be able to get the visa in time?

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA/EU Spouse Visa required

Post by Casa » Tue Jun 20, 2017 10:58 pm

hacheeb wrote:Thank you for responding Casa

Do you think i will be able to get the visa in time?
I can't say. The Spanish authorities aren't generally known for their speed.
(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.

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