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Binlid

Post Brexit Schengen Visa

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I have booked 10 days in Fuerteventura with the mrs from 27th November. Thing is she is not a British citizen, only a resident, so she has to apply for a Schengen visa from the Spanish Consulate. She will be applying as the Spouse of a Eu citizen (moi). She will be applying mid September and it should be pretty straight forward fulfilling the conditions below taken from the consulate website.

Family members of EU/EEA/Spanish national

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 UK Residence Card specifying its condition as a family member do not require a visa to enter Spain when travelling with the EU/EEA National or joining him/her in Spain. Otherwise, a visa will be still required (Real Decreto 1161/2009, 10th July 2009). For spouses or children of Spanish Nationals the above condition applies provided that the marriage or birth is registered according with the Spanish Civil Register (original Libro de Familia).

 

Please note, that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required under the following conditions:

Original documents and photocopies must be provided at the time of application. Please note that you will not be able to change the dates once the visa is issued. The visa processing time from the day the application arrives at the Consulate is a minimum of least 5 working days and up to 4 weeks depending on the applicant's nationality. To avoid unnecessary complications, please apply well in advance.

  • Passport or travel document valid for at least 3 months beyond the intended departure from Spain and with at least two full blank pages to affix the visa. A passport that has been issued (not extended) during the past 10 years can be endorsed with a visa.
  • UK residence permit and photocopy with a validity of at least 3 months beyond the intended departure from the Schengen area.
  • One completed and signed Application for Schengen Visa - EN.pdfvisa application form.
  • One recent passport colour photograph with a white background. 
  • Original and photocopy of EU passport or national ID card of the EU national or Spanish national. 
  • Original and photocopy of the Libro de Familia (with the marriage registered), applicable to family members of Spanish nationals.
  • Original and photocopy of the marriage certificate and an official translation (Spanish or English).
  • Partnership certificate / accreditation of marital coexistence for one year / proof of joint parenthood.
  • Proof of joint travel to Spain (i.e. confirmed tickets to travel to Spain both for the applicant and the EU/EEA national), or of the intention to join the EU/EEA national who already is in Spain.
  • Dependant children must have original and copy of Birth certificate and an official translation (Spanish or English) and a school letter.
  • Dependant ascendants (parents) must present the original birth certificate for the son/daughter proving the family link to the EEA/EU national and an official translation (Spanish or English).             

I am worried that after we leave the EU on 31st October and I cease to be a EU national whether or not the Spanish will still honor the visa issued before brexit. Any thoughts about this scenario?

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Posted (edited)

If there is no deal you might well have a problem, if they strike a deal (or another extension) I think you will probably be fine as there will be a transition period.

Surely she’s been here long enough to get citizenship (and British passport) sorted? If the time frames work out for that before your holiday I’d get that sorted ASAP tbh.

Edited by Sangsom
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25 minutes ago, Sangsom said:

If there is no deal you might well have a problem, if they strike a deal (or another extension) I think you will probably be fine as there will be a transition period.

Surely she’s been here long enough to get citizenship (and British passport) sorted? If the time frames work out for that before your holiday I’d get that sorted ASAP tbh.

I really should have emphasised that I meant in the event of a No deal Brexit, if we get a deal done then as you say there will be a transition period. Wife is not interested in Citizenship Andy, she says she will go back to Thailand when I`ve expired

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17 minutes ago, Binlid said:

I really should have emphasised that I meant in the event of a No deal Brexit, if we get a deal done then as you say there will be a transition period. Wife is not interested in Citizenship Andy, she says she will go back to Thailand when I`ve expired

Down to Boris then I guess.....with complete respect if Wi had a UK passport It avoids a lot of the hassle of applying for visas when you want to go on holiday somewhere other than Thailand. Sure she might want to stay in Thailand after your not around, but it might be worth reminding her how powerful a UK passport if she changes her mind for some unexpected reason down the line. Up to you guys obviously...... 😊

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30 minutes ago, Sangsom said:

Down to Boris then I guess.....with complete respect if Wi had a UK passport It avoids a lot of the hassle of applying for visas when you want to go on holiday somewhere other than Thailand. Sure she might want to stay in Thailand after your not around, but it might be worth reminding her how powerful a UK passport if she changes her mind for some unexpected reason down the line. Up to you guys obviously...... 😊

I agree . Good advice .

just out of interest how much does citizenship cost these days ? Knowing the UK it won't be cheap.

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A bit off topic, but if she can apply for British passport she should.

Its handy, even if she keeps it.in the drawer.

Same as I applied for HK P.R.   I dont plan to use it, but can be usefull for a job there .

 

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14 minutes ago, Thai Spice said:

A bit off topic, but if she can apply for British passport she should.

Its handy, even if she keeps it.in the drawer.

Same as I applied for HK P.R.   I dont plan to use it, but can be usefull for a job there .

 

Completely, there might be a random situation in which she has to sign stuff to have access to Gazza’s Pension or something that hasn’t even been thought of, considering how hard work it is the get to places with a Thai passport I’d make sure British Citizenship is sorted tbh 😬

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18 minutes ago, Sangsom said:

Completely, there might be a random situation in which she has to sign stuff to have access to Gazza’s Pension or something that hasn’t even been thought of, considering how hard work it is the get to places with a Thai passport I’d make sure British Citizenship is sorted tbh 😬

Yes.

When in HKG I knew a HK chinese girl who pre 97 managed to get a British Overseas Passport, later married a Canadian and got the C passport. As she sayd "I am rather safe now, several options"

And yes, for a while she was on my "pretenders list" !

 

 

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3 hours ago, Binlid said:

I have booked 10 days in Fuerteventura with the mrs from 27th November. Thing is she is not a British citizen, only a resident, so she has to apply for a Schengen visa from the Spanish Consulate. She will be applying as the Spouse of a Eu citizen (moi). She will be applying mid September and it should be pretty straight forward fulfilling the conditions below taken from the consulate website.

Family members of EU/EEA/Spanish national

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 UK Residence Card specifying its condition as a family member do not require a visa to enter Spain when travelling with the EU/EEA National or joining him/her in Spain. Otherwise, a visa will be still required (Real Decreto 1161/2009, 10th July 2009). For spouses or children of Spanish Nationals the above condition applies provided that the marriage or birth is registered according with the Spanish Civil Register (original Libro de Familia).

 

Please note, that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required under the following conditions:

Original documents and photocopies must be provided at the time of application. Please note that you will not be able to change the dates once the visa is issued. The visa processing time from the day the application arrives at the Consulate is a minimum of least 5 working days and up to 4 weeks depending on the applicant's nationality. To avoid unnecessary complications, please apply well in advance.

  • Passport or travel document valid for at least 3 months beyond the intended departure from Spain and with at least two full blank pages to affix the visa. A passport that has been issued (not extended) during the past 10 years can be endorsed with a visa.
  • UK residence permit and photocopy with a validity of at least 3 months beyond the intended departure from the Schengen area.
  • One completed and signed Application for Schengen Visa - EN.pdfvisa application form.
  • One recent passport colour photograph with a white background. 
  • Original and photocopy of EU passport or national ID card of the EU national or Spanish national. 
  • Original and photocopy of the Libro de Familia (with the marriage registered), applicable to family members of Spanish nationals.
  • Original and photocopy of the marriage certificate and an official translation (Spanish or English).
  • Partnership certificate / accreditation of marital coexistence for one year / proof of joint parenthood.
  • Proof of joint travel to Spain (i.e. confirmed tickets to travel to Spain both for the applicant and the EU/EEA national), or of the intention to join the EU/EEA national who already is in Spain.
  • Dependant children must have original and copy of Birth certificate and an official translation (Spanish or English) and a school letter.
  • Dependant ascendants (parents) must present the original birth certificate for the son/daughter proving the family link to the EEA/EU national and an official translation (Spanish or English).             

I am worried that after we leave the EU on 31st October and I cease to be a EU national whether or not the Spanish will still honor the visa issued before brexit. Any thoughts about this scenario?

Hi Gary,

Just get Her Citizenship done mate. Who knows whats going to happen!

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Well I decided probably a good idea to write to the Spanish    embassy and today had this reply from them.

image.png

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On ‎8‎/‎8‎/‎2019 at 6:55 PM, Binlid said:

Well I decided probably a good idea to write to the Spanish    embassy and today had this reply from them.

image.png

Yea, have contacted the Spanish Consulate before, always a prompt reply. Thought they would definitely honour it if already issued. 

I would print that off and bring it with you to the airport Gazza, or at least don't delete it, and have it on your phone to show, if needed. 

Have previously read about people having the most hassle from the airlines, and not being allowed on the plane. 

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My wife started on the UK visa on 17th July. Got that visa early August. 6th August attended the Spanish consul place for schengen visa. All complete and passport returned on 16th August. She flies from Bangkok on 5th September then we will drive thru the channel tunnel and on to southern Spain. She flies back from Manchester on 29th November. Got a multi entry no problem when stated I wanted to pass thru Andorra. Think I need a GB sticker on the car again and a green card. Visas will be honoured if issued.

Sent from my ASUS_X013DA using Tapatalk

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