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neilscolt

Can my Thai wife apply for schengen visa in the UK

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Posted (edited)

I do find this topic of interest as I did ask the European commission about this and this was part of the reply.

 

Regulation (EC) 810/2009 of the European Parliament and the Council establishing a Community Code on Visas (the Visa Code)1 sets out the procedures and conditions for issuing visas for transit through or intended stays in the territory ofthe Member States of no more than 90 days in any 180 days period.

 

Visa applicants neither have a free choice of where to apply for a visa nor with which Member State they apply. The applicant must apply for a visa in his or her place oflegal residence (Article 6(1) of the Visa Code).

 

The Directive on free movement (EC/2004/38) does not contain any provisions regarding consular territorial competence, so therefore the general rules ofthe Visa Code apply. A Member State may deviate from the general rule and examine an application lodged by a third country national legally present by not residing in its jurisdiction, if the applicant has provided justification for lodging the application at that consulate. The consulate concerned is competent for assessing with the justification is acceptable.

Edited by MaprangHolmes
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Posted (edited)

Thanks for sharing their response but I'd disagree with the answer. The directive does indeed does not specify where to apply but as it takes presidence (community law) over the Visa Code it makes little sense to think that the general provisions of the visa code apply. And if we would reason that somehow the visa code would apply to anything not explicitly in the directive it would also make little sense to allow applying on the border (be it as a last resort since its far from practical for both applicant and authorities). And it would conflict in other areas such as technically one not being illegal if covered by the directive but parachuting down in a member state without visa. 

 

Though I myself lack the capacity of pointing that out in a way a lawyer might. Though if you do browse the net you can find migration lawyers on blogs and forums pointing out that you can apply from anywhere in the world. They obviously do not provide a template letter on how to counter any silly reasoning by embassy (or in this case an EU) official. 

 

But to me, thanks to what immigration lawyers pointed out, refusing to allow a Thai tourist married to a UK national to apply in the UK clearly violated the "authorities will provide EVERY facility" paragraph of the directive. 

Edited by Donutz
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Thanks everyone for the info, we will not have time to apply in Bangkok as we fly in less than ten days, will have to put France on hold this year and spend the time sight seeing in London instead. Will be a bit better organised next time.

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8 hours ago, neilscolt said:

Thanks everyone for the info, we will not have time to apply in Bangkok as we fly in less than ten days, will have to put France on hold this year and spend the time sight seeing in London instead. Will be a bit better organised next time.

As you're going to be in London anyway, why not pop into the French embassy and ask?

 

If you ask, they may say 'Non,' but if you don't ask they wont say 'Oui!'

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On 18/03/2017 at 5:59 PM, English Engineer said:

She must get the Schengen visa in Bangkok. The only exception is if she has UK settlement visa.

Correct. Checked up about this a couple of years ago.

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1 hour ago, Anon999 said:

Correct. Checked up about this a couple of years ago.

It is actually incorrect by EU regulations. But it's indeed true that the French and some others (wrongfully!) insist on a UK residence permit. 

 

Those Thai married to a UK national  who are on holiday in the UK when they decide to hop over the channel will probably run into a brick wall with the French and Spanish embassies but more relaxed and strictly law/treaty/directive abiding embassies such as the Dutch and perhaps the Germans or others may welcome the applicant like they should. So the topic starter may chose to visit NL to see the tulips, and perhaps decide to check Paris while they are on the mainland.  

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Posted (edited)
On 19/03/2017 at 2:57 AM, neilscolt said:

hanks everyone for the info, we will not have time to apply in Bangkok as we fly in less than ten days, will have to put France on hold this year and spend the time sight seeing in London instead.

So many places to see in the UK rather than just London although there are many places to see in London. My wife loves the history of the UK but we have traveled all over.

 

On 18/03/2017 at 11:53 AM, AloisAmrein said:

Once a Schengen visa is given, people can travel freely in all Schengen countries, even if not member of the EU, for ex. Switzerland, as long as the visa is valid.

The problem is that the first Schengen visa seems to be granted based in the dates on the tickets they want to see, to grant you the visa. I know you don't technically need to have tickets to get a visa but the Embassies do ask for them. We have just been to Iceland for 8 days and the Schengen visa lasted for exactly 8 days... What would have happened if another Icelandic volcano had gone off and grounded all the aircraft, I don't know. That was from the Danish Embassy that handles Iceland visas and surprisingly they issued the visa while we waited.

Edited by rasg

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Technically a family member of eu citizen need only a visa for crossing the border.
The stay itself is covered from article 6 of the directive 2004/38 for the first 3 month.
Article 4 give the right to exit a eu country without visa.

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Technically yes. The reality is your wife won’t be allowed to board an aircraft without a visa to the destination country.

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You didn't understand my comment.
A family member cannot overstay a visa if accompanied by the eu citizen.

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BANGKOK 22 October 2017 06:19
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