schengen visa

[Arthur Little]

That is what we are going to have to do when we go to Italy in April.

Maybe NOT! ... perhaps now - armed with the information Terpe has provided - you can [hopefully] be spared the hassle ...

... gotta be worth a try!

[Terpe]

Maybe NOT! ... perhaps now - armed with the information Terpe has provided - you can [hopefully] be spared the hassle ...

... gotta be worth a try!

As Arthur suggests it's definitely worth a contact to the Embassy.

Normally most folks just want to get their hands on a Schenghen Visa, but If anyone has the inclination then it's quite in order to challenge the Embassy concerned and request treatment in line with EU directives.
It's also quite in order, if time is not pressing, to use Solvit to report the Embassy and don't forget to make a formal complaint to the Ambassador by recorded delivery with a threat to sue for recovery of the fee if they force you to to pay it.

Check out the application form. The latest harmonised form is here
Look for the questions marked "*" and read the note at the bottom of page 1

For those readers who want to read the directives and be able to quote 'chapter and verse' then take a look here at the Schengen Visa Handbook

Don't forget the EU treaty rights which intimates that it's legally possible to in fact take your spouse to ANY EU country (that is not the UK) for as long as you like, You could even set up home and work there, if you like, with no permits or visa's at all.

Technically speaking provided that you're exercising treaty rights all you really need is your passports and marriage certificate to be exempt from having to hold a schengen visa.

The practicality of course may be quite different in that most 'carriers' won't transport your spouse without a valid visa.
European law which applies to family members in all EEA countries (other than that of which the EEA national is a citizen) provides that family members should be admitted with the EEA national if both have their passports and can prove the family relationship,( ie. show the original marriage certificate if applicable with a translation.) It doesn't depend where the couple live.

To be honest, although I've known of cases where this has been successful, it's by no means guaranteed or even suggested unless you are fully familiar with EU law and are carrying all necessary evidence, documents and EU law references. Even then you could face lengthy delays.
So all in all not recommended. Better to be flexible and bending and secure the FREE Schengen visa to which there is an entitlement.

Of course everyone is free to follow whichever route is best suited to their own circumstance and priorities, but it's a always a benefit to be aware of our rights and entitlement.