Spain Schengen visa for Moroccan husband

[llama13]

Hello

I'm British and my husband is Moroccan. We married in Morocco in 2008 and had our marriage certificate translated to English in Morocco. He has been living in the UK with a 2 year spouse visa and recently received his indefinite leave to remain in the UK. We are both living together in the UK.

We are planning a trip to Spain in June and he had his appointment to apply for a Dependant Visa. However, they would not accept our Moroccan marriage certificate or the translation and didn't give clear instructions on what we need to do.

Does anyone know what we need exactly for this visa?

I'm also worried as any available appointment dates are AFTER the date we were meant to travel! I am keeping an eye out for cancellations.

Many thanks

[Directive/2004/38/EC]

We are planning a trip to Spain in June and he had his appointment to apply for a Dependant Visa. However, they would not accept our Moroccan marriage certificate or the translation and didn't give clear instructions on what we need to do.

What is a "Dependant Visa" exactly? Can you send a link to the page of requirements that you are reading.

Spain is one of the more difficult countries to deal with the embassy. They can be right prats. But in any case.

For a French or German visa, you could get it by mail and not even visit the embassy. You might want to visit there next time!

[John]

Spain is one of the more difficult countries to deal with the embassy. They can be right prats

Totally agree, but thank goodness Spain does not have a tourist industry which the ignorant and rude people working in their visa sections could damage. Hey, wait a minute, Spain does have a tourist industry! Talk about a country in financial difficulties shooting itself in the proverbial foot!

Both France and Germany are much more friendly about the issue of Schengen visas. Back in 2002 and 2003, before my wife got her British Citizenship, we got French-issued Schengen visas, then on each occasion went to France for a weekend visit. After one such trip we then had a two-week package tour holiday in Lazarote, one of the Canary Islands, controlled by Spain. No problem, the Schengen visa is valid in all Schengen area countries.

[llama13]

http://www.maec.es/subwebs/Consulados/L ... vices.aspx

Hi

I was using this site for documents required for the visa application. The dependant visa requires less documents than the tourist one, and there is also no fee.

My husband got his German schengen visa fine with our marriage certificate - so we were surprised for issues with the Spanish one!! I never thought it would be a problem.

I have emailed the Spanish embassy but no reply yet. I'm guessing it will be something like get a certified translation + apostille?? We shall see

[John]

My husband got his German schengen visa fine with our marriage certificate - so we were surprised for issues with the Spanish one!!

Is the German-issued Schengen visa still in-date? If so just use that to go to Spain.

The dependant visa requires less documents than the tourist one, and there is also no fee.

Because you are British there is no fee for your family member's Schengen visa. I am not exactly sure what sort of visa you are referring to as a Dependent visa. Given that it appears you are not moving to Spain, the Schengen visa is the way to go.

[llama13]

I think it is a tourist visa for dependants - so as my husband is the spouse of an EU citizen, he doesn't have to supply certain documents like 3 months bank statements, invitation letter, etc as a normal tourist would. He *should* be able to just show that he is my spouse and voila! He can travel with me freely.

But they wouldn't accept our marriage certificate. Having looked at other boards, Spain does seem to be quite problematic!

His German visa one is no longer valid... but I'm thinking maybe he can just apply for a German Schengen visa again. There aren't any appointments available until June (we travel on 4th June) but there is an option to send by post that takes 8 - 15 days - that should be enough if we send it this week!

[Directive/2004/38/EC]

It sounds like you have traveled to Germany before and will likely do it again. It is also a wonderful place to go on holiday - Munich for instance, and the neighboring lakes, or Berlin.

Make sure you send anything only using Special Delivery, both because it is fast and because it is tracked.

Seperately from your application for a visa, you might want to book a flight to Germany. Ryanair fly to a number of German cities. Fly out in the morning, they will stamp your passport with a German entry stamp, go to a beer garden in the afternoon, and fly back in the evening. This is European living - it does not get better than that!

[llama13]

I was thinking of applying for the German visa but actually going to Spain instead...

Would we get into too much trouble for that?

[Directive/2004/38/EC]

In general I would not recommend that you do that. I would tend to go to BOTH. And in the future, do not bother with Spain!

Note that with the Germany/French postal option, you can just keep a continually active Schengen visa and go over whenever you like. e.g. Day trips to Calais for a little lunch and wine?

[llama13]

Such a shame as I love Spain and I would love to share it with my husband! Might just have to wait until he applies for British citizenship one day!

[John]

Nothing to stop you getting a French-issued Schengen visa, flying to southern France, hiring a car, then driving into Spain!

Back in 2002 my wife got a French-issued Schengen visa. We flew to Nice, hired a car then drove to Avignon and spent a week there, except we did have a day trip to Spain. We had a second week at a villa outside Nice, and that included a day trip to Italy and Monaco.

Don't let the ignorant people working in the visa department at the Spanish Consulate defeat you.

[Directive/2004/38/EC]

Such a shame as I love Spain and I would love to share it with my husband! Might just have to wait until he applies for British citizenship one day!

There is another approach to this. And that is your husband's Schengen visa can only be turned down for basically three reasons: national security, public policy, and public health.

You will notice that going to the wrong Schengen member state is not on that list.

So if you got this German (i.e. Schengen visa) but did not visit, then next time they MIGHT not give you a replacement. But you could then fight the rejection, saying that that reason is not one of the three allowed reasons. In the end I suspect, not based on personal experience, that it would work out fine.

Others in the forum will no doubt reject this approach and it would be interesting to hear from them.

[llama13]

Response from VFS helpline (the company who deals with the Spanish visa applications)

Dear Sir/Madam,

Thank you for your email to the Joint Visa Application Centre Helpdesk in London.



If your husband wants to apply for a EU spouse visa to enter Spain, the marriage certificate will need to be legalised (Apostilled) as per the Hague Convention 1961. You will need to get in touch with the Moroccan Embassy for the same OR contact the Foreign and Commonwealth office in Milton Keynes. Alternatively, he can apply as a Tourist.



Kind regards

Schengen Helpdesk

London

[John]

Another interpretation of that is .... pay us some money and you need not supply the marriage certificate!

[Beemybaby]

Just to say I've been having similar problems, my husband is North African and has ILR. The Spanish Embassy said that we must get an apostille on our marriage certificate, he went back to his home country, visited the ministry of foreign affairs, got it stamped etc etc etc especially for use abroad, but they wouldn't accept it. Unfunny thing is, we have now researched the hague conventions members - the majority of Africa is not included and we were given an impossible task by the embassy. UK FCO will not touch our marriage certificate, I have contacted them and they say they will only apostille british documents.

On the other hand, we handed in our visa application to the embassy last week, the dude took the copy of our marriage certificate, proof of address and proof of flights - plus the £51 fee for non spouses and said it should be fine .... - we will see if he gets his visa.

[TracyCK]

That the Spanish are so arrogant and rude to deny the validity of a Moroccan (or any other third country) marriage 3 years after the fact just makes my blood boil!

My husband and I encountered this when we married and met with the Spanish Consul himself when we applied for a visa to enter Spain from Morocco. The solution was to return to the British Embassy where upon explaining the problem and paying another fee, they immediately issued us with a very short document stating that if a marriage was performed according to national law of the third country, although not entered into the UK National Register, the UK recognises such marriages for both Administrative purposes and the Free Movement of People under Directive 2004/38. Armed with an official Spanish translation of this stapled firmly to the official Spanish and English translations of our Moroccan Marriage Certificate, the visa was reluctantly issued.

Since you are in the UK already, perhaps you could obtain such a statement from either your local Registry Office or even UKBA. I believe that the French also play these games but perhaps would not dare after 3 years of marriage and recognised spousal residency held in the UK.

Personally, since you are pressed for time, I would apply for the visa via the German Embassy since you have had success there before and then travel to Spain as you wish - you could simply say that your travel plans changed. I would also consider making a complaint through SOLVIT at the same time as this is not an isolated case and it is quite frankly insulting.

Good luck, and enjoy your holidays!