Schengen Visa for the Filipina wife

[georyz]

hi mench, you can go to there site http://www.ambafrance-uk.org/spip.ph...&id_rubrique=2 and click edinburgh. its just easy to get schengen visa, just comply the requirements and its free for spouse.

[menchkin]

hi mench, you can go to there site http://www.ambafrance-uk.org/spip.ph...&id_rubrique=2 and click edinburgh. its just easy to get schengen visa, just comply the requirements and its free for spouse.

Thanks for the reply. I will check the site you sent.

[georyz]

youre welcome mench. my wife applied in london the last week and she gets it today. hopefully we will be able to go to paris soon and then visit her sister in germany. good luck.

[joeceline]

hi! anybody could help me? i have fiance from France and we are planning to get marry in France.. what are the requirements needed for me to be able to get a visa? what are the requirements in marrying a french national? french embassy in manila don't issue such fiance visa. what do we have to do? apply on my own tourist visa or i will let him sponsor me for the purpose of marrying me?

thanks in advance!

[waynedaisy]

Guys, spouse of EU citizens can download the standard Schengen form fill it it, passport copy of EU spouse, wedding certificate, nothing else can be asked!! Please remember its a FREE visa no charge at all. Also cannot be refused and must be issued within 15 days!! My wife applied Manila had hers within two hrs but another friend there one took four days, Norwegian Embassy good choice. Can be any of them where you apply

[mesmo]

HI all, I have read through the posts above and am trying to see what we as a couple need to do.

My Fiancee has just arrived in the UK 2 weeks ago on a Fiancee Visa

We are now planning our wedding and the subsequent honeymoon ..... the latter being Turkey

Neither the UK nor Turkey subscribe to the Schengen Visa scheme.

When I tried to apply for my general tourist visa, I thought I would just enter Merlyn's details and sure enough it says we need the Schengen Visa

Now I am totally lost as to what I should be doing and where I should be applying / sending it to

Can someone please please please tell me in idiot terms what I should be doing?

PS I will post an introductory post this evening about Mine and Merlyns journey thus far

[Terpe]

HI all, I have read through the posts above and am trying to see what we as a couple need to do.

My Fiancee has just arrived in the UK 2 weeks ago on a Fiancee Visa

We are now planning our wedding and the subsequent honeymoon ..... the latter being Turkey

Neither the UK nor Turkey subscribe to the Schengen Visa scheme.

When I tried to apply for my general tourist visa, I thought I would just enter Merlyn's details and sure enough it says we need the Schengen Visa

Now I am totally lost as to what I should be doing and where I should be applying / sending it to

Can someone please please please tell me in idiot terms what I should be doing?

PS I will post an introductory post this evening about Mine and Merlyns journey thus far

Mesmo, Turkey is not a member of the Schengen Zone.

Both you and your wife will need to secure a tourist visa if Turkey is your choice.

Here's a good resource that shows all the countries that Philippine citizens can visit without visa - Visa Requirements for Filipino Citizens

Here's another good resource with visa requirements for both UK Citizens and also for Filipino Citizens

If you wish to visit a country where a visa is required then first stop on how to apply would be to visit the specific website of their Embassy in UK

Good luck

[mesmo]

Mesmo, Turkey is not a member of the Schengen Zone.

Both you and your wife will need to secure a tourist visa if Turkey is your choice.

Here's a good resource that shows all the countries that Philippine citizens can visit without visa - Visa Requirements for Filipino Citizens

Here's another good resource with visa requirements for both UK Citizens and also for Filipino Citizens

If you wish to visit a country where a visa is required then first stop on how to apply would be to visit the specific website of their Embassy in UK

Good luck

Hi Terpe

Thanks for replying

I got to that point yesterday and then fell foul of this section



So back to scratching my head again

[mesmo]

Also .... we are on a Fiancee visa ... Turkey was going to be our honeymoon destination

[Terpe]

You'll need to contact the Turkish Embassy/Consulate to establish your Fiancee's Visa requirements.

Turkey is not a member of the Schengen Zone.
Your Fiancee has a UKVI temporary visa for 6 months max. Even for a Schengen Visa she is unable to apply whilst in UK with a visa of less than 6 months.

She could however, have applied whilst still in Philippines.

[mesmo]

You'll need to contact the Turkish Embassy/Consulate to establish your Fiancee's Visa requirements.

Turkey is not a member of the Schengen Zone.
Your Fiancee has a UKVI temporary visa for 6 months max. Even for a Schengen Visa she is unable to apply whilst in UK with a visa of less than 6 months.

She could however, have applied whilst still in Philippines.

Thank you Terpe.

We have to go to London later this week so will try and get in there to ask their advice

[mesmo]

OK! After a round of phone calls I think I have this sussed now!!

It seems that Merlyn can travel on her Fiancée visa to Turkey as this is a recognised and VALID OECD member state visa. There is no restriction on how long the Fiancee visa has after the holiday, as long as we return before it expires and then the more common requirements of having a return air ticket a hotel reservation and $50 spending money for each day she is there.

I am just emailing them just to confirm this in writing

[Terpe]

OK! After a round of phone calls I think I have this sussed now!!

It seems that Merlyn can travel on her Fiancée visa to Turkey as this is a recognised and VALID OECD member state visa. There is no restriction on how long the Fiancee visa has after the holiday, as long as we return before it expires and then the more common requirements of having a return air ticket a hotel reservation and $50 spending money for each day she is there.

I am just emailing them just to confirm this in writing

Well done

Thanks a lot for the feedback.......that'll surely be helpful for others

[Donutz]

Some posts here mention premium rate numbers, several weeks for making an appointment and some more to get a visa. That cannot be (ain't) right!
Very briefly: assuming you are a Brit married with a Filipino or Filipina: you can directly contact a Schengen embassy, no prenium hotlines, no external party involved, free visa, minimum hassle (proof that you are married, show ID's, show that you will travel together), appointment should be issued within 2 weeks of the request, the visa should be issued as soon as possible, maximum 15 calender days. In theory it should be a no brainer and you should be able to with minimum hassle, costs or delays. In practise... not always...

Even regular Schengen visa's for those who are not married can be done directly via the embassy, with an appointment witin 2 weeks and a standard processing time of 15 calendat days. There cannot be a default slower processing simply because the applicant comes from a certain country.

Some useful recent topics:
- NOTHING to PAY - SCHENGEN VISA (Spouse of an EU Citizen)
- Travel docs needed for France Schengen Visa for Filipina wife?

This is something I wrote, covering both normal applications for unmarried couples aswell as for marrried couples (see the "EU/EEA family member" bit):

Schengen Visa FAQ

A good preparation is essential for any visa application. Below you will find some of the most important items to be aware of. Ofcourse any application is unique so by no means can this topic cover all the possible situations, but it should provide a good starting point for most applicants.

What is a Schengen Visa?
The free movement of persons is a fundamental right guaranteed by the EU to its citizens. It entitles every EU citizen to travel, work and live in any EU country without special formalities. Schengen cooperation enhances this freedom by enabling citizens to cross internal borders without being subjected to border checks. The border-free Schengen Area guarantees free movement to more than 400 million EU citizens, as well as to many non-EU nationals, businessmen, tourists or other persons legally present on the EU territory.

The most common type of Schengen Visa is the "C type" visa also commonly known as "short stay/term" or "tourist visa". It allowed people to reside within the Schengen areas for up to a maximum of 90 days (within any 180 day period). The most common type of C visa are for "tourism", "joining a friend/relative" or "EU/EER nationals travelling to or residing in another member state than that of which he/she is a national."

More information: http://ec.europa.eu/dgs/home-affairs...n.htm#resp_map

Where can I travel with a Schengen Visa?
You can travel throughout the entire Schengen area. This means that you can enter, move through and leave the Schengen area via all member states. However you must apply at the embassy of the country that is your main destination. If there is no clear main destination you should apply at the embassy of the Schengen country that you will enter first.
More info: http://ec.europa.eu/dgs/home-affairs...y/index_en.htm


Do I need a Schengen Visa?
In most cases Filipino visitors do need a Schengen Visa. If a Filipino person already has a residence permit of a Schengen area member you will not need a visa. As the UK is not a member of the Schengen area, most Filipino who reside temporarily or permanently in the UK will need a Schengen Visa. See: http://europa.eu/youreurope/citizens...t/index_en.htm

What are the requirements for a Schengen Visa?
This varies as embassies may set additional requirements and it depends on the type of visa requested. In most cases it's important that the traveler convinces the embassy that their is a genuine and clear goal, meets the financial requirements, medical travel insurance and can convince that the he or she will leave the Schengen area before the visa expires (overstay, illegal residence). Simply said, they wish to verify if the trip is genuine, that the trip is affordable and that the traveller will leave in time. Details can be found at the websites of the various member states. It might be useful to know that either the host can provide financial guarantee or they applicant may provide evidence that he/she himself/herself has sufficient means of support. The exact amount of money you need per day per person varies from country to country.

Documents you may wish or need to collect: evidence of any previous visas, a letter of invitation by the host (explaining the reasons for the visit and also why the applicant will return), supporting documents that shows ties with the home country such as owning property, having to take care of family, the need to return to studies/employment etc. Make sure the application makes sense: how many people can get 3 months off from work for a holiday? It may not always be wise to apply for the maximum number of days. If this is the first visa application to a western nation you may wish to apply for less days, such as a single month. Every case is unique and judged on it's own merrits ofcourse!

Where / how to apply?
You can apply at the embassy. Most require an appointment, an appointment should be granted within 2 weeks of the request (article 9 of the Visa Code). Be aware that many embassies have outsourced part of their visa application process to external service providers such as VFS Global or TLS Contact. These are just handling agencies and you are not obligated to use their service, let alone to pay their service fee. (Article 17 of the Visa Code states so). Further details are explained in the Visa Code. You can find the Visa Code and Visa Handbook here:

- EU Home Affairs on Schengen
- Handbook for the processing of visa applications (Application procedures in more detail, available in several languages)
- Handbook for the organisation of visa sections (covers right of direct access to the embassy on page 21-22)

You will need to apply at the embassy of the country which the applicant will be traveling to: the country were the applicant will spent the most time, or if there is no clear main destination then you need to apply at the country which you will visit first). For a Friends visa or Family visa this most often will be the country in which the EU partner resides. You may enter and exit the Schengen country via any member state though, as long as you can convince the border guards that you are heading onward to your main destination. Useful incase the host lives near the border and find cheaper tickets a neighbouring country. Exception: in rare cases a visa with Limited Territorial Validity is issued, in which case the visa is only valid in a limited number of countries. This will be clearly noted in the visa if this is the case. Most C and D visa are valid in the entire Schengen area.

How long does it take to process my application?
Most applications should be processed within 15 calendardays, in individual cases this might be extended to 30 days and in exceptional cases to 60 days (article 23 of the Visa Code). You may apply 3 months in advance at the earliest. The earlier you apply the better, since under normal circumstances it may take 2 weeks to grand you an appointment and another 15 days to handle the application, that is nearly a month in total. How long your application takes will depend on how busy the embassy is, their general policy, your unique case etc. It may just be a matter of days or under a week if you are lucky. When your visa is granted and you travel to Europe, you are advised to carry a copy of all the documents you used at the application since the border control may ask you to show that you meet all the requirements for the Schengen Visa. Entry on a Schengen visa is NOT a right, you could be denied entry at the border if the border guards believe you do not meet the requirements.

What are the costs?
The standard fee is 60 euro's. If you chose to use a external service provider such as VFS Global or TLS Contact (you are never obligated to use their services even though some embassies push people towards them, thus violating the Schengen regulations) you will also pay additional service fees. For some types of visa a lower fee applies, for some the fee is waived altogether such as applicants who travel to an other EU/Schengen country of which the EU family member is a resident of. See below for more information on EU/EEA family visas.

My application got rejected, can I appeal?
Yes, you can appeal. Be aware that you need to do so in a timely manner. Depending on the national law of the embassy in question you may need to appeal within 4 weeks, a month, 30 days or a few months. You may wish to contact a legal expert when you make an appeal. The most common grounds of rejection are "unclear travel intentions/goal" or "risk of not leaving the Schengen area in time / illegal settlement". You can counter these by making sure that your travel intentions are clear (tickets, bookings/shelter, a travel plan, a letter from the inviting host etc.) and providing evidence that shows bonds with Filipinoland such as a job, school or family that you need to return to, property you own etc. plus ofcourse stating that you are fully aware of the consequences of illegal settlement and you have no desire to violate the law and you/your host will ensure that you leave the Schengen area on time. Ofcourse hopefully you have provided as much evidence with your initial application as to convince the embassy of your genuine and legal travel intentions.

Can I apply for a multiple entry visa?
Ofcourse you can, though the policy of issuing one is different from country to country and embassy to embassy (this may change in the future though, see here). Generally after the first or second trip to the EU you could try and apply for multiple entries. You will then get a visa that is valid for a longer period of time (2-5 years), and which allows you to stat the number of stated (generally 90) days per 180 day window. The worst that can happen would be getting a single entry visa instead because they embassy doesn't believe you need or qualify for a multiple entry visa just yet. You may wish to motivate your request for a multiple entry visa in a seperate letter.


I am a family member (spouse, child) of an EU/EEA citizen:
If the applicant is travelling to another Schengen member state then the one that your EU family member is a national of, and you are travelling together or the non EU/EEA national family member is travelling to join the EU/EEA national family member, then you are entitled to a FREE visa which should be granted swiftly (accelerated procedure) and with minimum hassle. Your application falls under directive 2004/38/EC regarding the Freedom of Movement. A minimum of documentation and requirements apply.
It's important to know who qualifies as a family member of an EU/EEA citizen though.

Who qualifies?:
The non-EU spouse, (grand)children or (grand)parents. And only If they will be travelling together with you, or joining you in another EU country then the country you are a citizen of. Your registered partner and extended family - siblings, cousins, aunts, uncles, and so on - can ask the authorities in an EU country to officially recognise them as family members of an EU national. EU countries do not have to recognise them as your family members but they do at least have to consider the request.
Example: a German and his Filipino spouse have to apply for a regular C type visa if they are applying for a stay in Germany. If they would go on holiday to Spain for instance, they would be able to apply for the EU/EEA family member visa.

Requirements:
A minimum of documentation and requirements apply: travel insurance is not required, hotel bookings are not required, transport bookings (flight) is not required etc. For a spouse the marriage certificate + possibly legalisation by the local ministry of foreign affairs to confirm it's a genuine document + official translation to a language that the embassy can read should be sufficient. Sadly not all embassies apply the Visa Code properly. There should be no need for hotel reservations, insurance or other such things. They may for instance ask that your marriage is registrated in the EU. That most certainly is not a requirement (the EU directive simply requires you to be genuinly married). It could be more efficient to cooperate with such silly demands but if you are unable or unwilling to do so due to cost or time constraints, you would be in your right to point out that the embassy is asking too much.
What is required:
- Show that the applicant (non EU) is first line family of an EU national: provide the marriage certificat (translated if need be, there should be no need to register a Filipino marriage in the EU spouse his/her country).
- Provide passports of the both of you so they can ID you.
- Confirmation that the two of you will be traveling together or joining eachother in the member state: declaration by the EU spouse, optionally as extra evidence a reservation for transport to the EU.

It is always best for non-EU family members to be well informed in advance and have all the necessary documents before starting their journey. However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.
Further details:
- Directive 2004/38/EC on the Freedom of Movement (articles 1, 2, 5 and 6. Available as PDF in most languages. Show these articles if the embassy is making things difficult for you).
- http://europa.eu/you...ly/index_en.htm
- The Visa Handbook

These rights also apply (infact they not need a visa at all) to those who are family members of an EU citizen who gained "freedom of movement" rights: EU citizens who live/work in another EU member state. If an EU citizen lives and works in the country that they are a citizen of then you are not an EU/EEA citizen. The non-EU spouse of an EU national who is or has executed his/her freedom of movement righrs should have a residence card that states "family member of an EU/EEA national".

The embassy is giving me a hard time!
Make sure you know your rights and obligations. Read the information on the embassy website carefully as well as the information provided by the EU (Home Affairs department). Embassy staff are not always perfect or entirely competent, they can make mistakes or even misinform you on purpose. This also applies to external service providers. The main sources are set out in the Freedom of Movement directive, Visa Code and Visa Handbook. If you do encounter problems, see if you can cite the Freedom of Movement directive or Visa Code. If you still encounter problems you may wish to contact one or more of the following options:
- Check: http://europa.eu/youreurope/citizens...t/index_en.htm
- Contact Solvit: https://ec.europa.eu/imi-public/
- Contact the ministry of foreign affairs of the embassy in question
- Contact a legal expert (immigration lawyer)
- Ask the help of a visa agency
- You may also wish to contact other authorities higher up the chain such as the European Commission (Home Affairs) or the EU Commision's Representation abroad such as in Philipines.
- ....
---------------------------------------------------------

Quick references, important rights:

Websites:
- The website of the embassy you will be applying at (see above)
- http://ec.europa.eu/dgs/home-affairs...n/index_en.htm
- http://europa.eu/youreurope/citizens...t/index_en.htm

The Schengen Code (Regulation (EC) No 810/2009 ):
- Article 9: covers practical modalities for lodging an application.
- Article 17: covers service fees by external service providers such as VFS Global and TLS Contact (you aren't obligated to use their services!)
- Article 23: covers the decision (processing time) of an application.

- The Visa Handbook
-- Covers the rules in more detail. Useful for more complicated applications such as those who apply for a EU/EEA family member visa where visa fees should be waived and the visa issued swiftly and with minimum hassle.

- Overstay Calculator (basically on any given day within the Schengen area, count back 180 days and make sure you don't exceed the 90 day limit):
http://ec.europa.eu/dgs/home-affairs...ulator_en.html

- Interesting data and statistics for those interested in the number of visas issued and declined:
http://ec.europa.eu/dgs/home-affairs...x_en.htm#stats

[andyg]

Hi,

Mizel has a multi entry Schengen Visa issued by France. We used this in July for our trip to Paris. As it's still valid, we are planning on going to Iceland next week. From the research I've done this should be fine, but there is a slight element of doubt. If anyone has had first-hand experience of this, we would appreciate hearing from you.

Thanks
Andy & Mizel

[Terpe]

Iceland is a Schengen area member.

Not sure exactly what your doubts are?

My wife had her first Schengen visa issued by the French Embassy for a trip to Paris. We made a number of other trips to Schengen area countries within the visa validity and didn't encounter any problems. Only the usual extra scrutiny of her passport hehehe

[andyg]

There's not much information about Schengen visas once you've exited the zone and want to return at a later date to a different member country.

Why can't UK just join the Schengen Zone and make things so much easier for everyone?

One thing that really does concern me is, yesterday we noticed that the entry stamp for Paris was dated a month after we'd entered and left.

[andyg]

Thank you for your reply Terpe.

This is Mizel, honestly, my worries are:

I thought we have to get/apply separate visas for each of the EU Schengen member countries that we wish to visit. I only want to know that my Schengen Visa I used once to enter Paris will still be the same visa I have to use to enter a Schengen member country like (Iceland) which is within the validity. It was all confusing to me having received conflicting answers on different forums about my problem.

That's why I asked my hubby if we could get advice on this forum. Having read your reply it's all made clear to me now and thank you very much for making me understand it better. Just fingers crossed that they accept the visa. We also just noticed last night about the error on the stamp and time is a factor if ever I really needed to get a new one as its gonna be next week and I cannot find a straight forward reply regarding the matter since it's the weekend and no office to call.

[Terpe]

Hi Mizel,
A multiple-entry visa will allow you to go in and out of the Schengen area just as you want in line with the validity and limitations indicated on the visa.
It's not normally allowed to stay in the Schengen Area for more than 90 days within a 180 day period so frequent travellers should check their passport stamps.

From the information you've shared you face no issues.
When my wife and I used to travel around the Schengen area we always carried supporting documentation as back up such as marriage certificate and booking docs with name and address etc. I'm not suggesting it's a requirement but sometimes immigration officers can be difficult.

You'll be fine, enjoy the trip

[andyg]

Thanks Terpe

[Donutz]

Apparantly some embassies still don't give a damn about the regular Schengen rules or EU family member rights (freedom of movement directive):
- Ex1: http://filipinaroses.com/showthread....visa-for-Spain
- Ex2: http://filipinaroses.com/showthread....isa-Processing

But remember that:
1- An appointment MUST be given within 2 weeks of the request for regular visa applicants (you can apply up to 3 months in advance though) and ASAP for family (spouse) of EU/EEA family members.
2- Processing time should be max 15 calendar days if the application is complete or if it's an EU/EEA applicantion.
3- The external service providers TLS and VFS are entirely optional, direct contact is always possible (saving you their service fee).
4- an application for the family member (spouse) of an EU/EEA national , such as PH spouse of an UK citizen is entirely free: no visa fee etc. Service costs can only be charged if you chose entirely optional services. These applications need to be handled ASAP and with minimum hassle.
5 - If you are the spouse of an EU national they cannot ask about sufficient funds, medical travel insurance etc. Though obviously you are going to travel with some money and proper insurance regardless, not?

--------

Articles and handbooks:

CHAPTER II

Application

Article 9

Practical modalities for lodging an application

1. Applications shall be lodged no more than three months before the start of the intended visit. Holders of a multiple-entry visa may lodge the application before the expiry of the visa valid for a period of at least six months.

2. Applicants may be required to obtain an appointment for the lodging of an application. The appointment shall, as a rule, take place within a period of two weeks from the date when the appointment was requested.

(...)

Article 23

Decision on the application

1. Applications shall be decided on within 15 calendar days of the date of the lodging of an application which is admissible in accordance with Article 19.

2. That period may be extended up to a maximum of 30 calendar days in individual cases, notably when further scrutiny of the application is needed or in cases of representation where the authorities of the represented Member State are consulted.

3. Exceptionally, when additional documentation is needed in specific cases, the period may be extended up to a maximum of 60 calendar days.

http://eur-lex.europa.eu/legal-conte...LEX:32009R0810

4.4. Direct access
Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice.

The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider (see Part I, point 4.1)."

http://ec.europa.eu/dgs/home-affairs...10_3667_en.pdf

3. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE

3.1. Visa Fee
No visa fee can be charged.

3.2. Service fee in case of outsourcing of the collection of applications
As family members should not pay any fee when submitting the application, they cannot be
obliged to obtain an appointment via a premium call line or via an external provider whose
services are charged to the applicant. Family members must be allowed to lodge their
application directly at the consulate without any costs. However, if family members decide
not to make use of their right to lodge their application directly at the consulate but to use the extra services, they should pay for these services.
If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff)
to the consulate should be put at the disposal of family members respecting comparable
standards to those of "premium lines", i.e. the availability of such lines should be of standards comparable to those in place for other categories of applicants and an appointment must be allocated without delay.

3.3. Granting every facility
Member States shall grant third country family members of EU citizens falling under the
Directive every facility to obtain the necessary visa. This notion must be interpreted as
ensuring that Member States take all appropriate measures to ensure fulfilment of the
obligations arising out of the right of free movement and afford to such visa applicants the
best conditions to obtain the entry visa.

3.4. Processing time
The visas must be issued as soon as possible and on the basis of an accelerated procedure and the procedures put in place by Member States (with or without outsourcing) must allow to distinguish between the rights of a third country national who is a family member of an EU
citizen and other third country nationals. The former must be treated more favourably than the latter.
Processing times for a visa application lodged by a third-country national who is a family
member of an EU citizen covered by the Directive going beyond 15 days should be
exceptional and duly justified.

3.5. Types of visa issued
Article 5(2) of the Directive provides that third-country nationals who are family members of
EU citizens may only be required to have an entry visa in accordance with Regulation (EC)
No 539/2001.

3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the Directive, he must establish that he is a
beneficiary of the Directive. This is done by presenting documents relevant for the purposes of the three questions referred to above, i.e. proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birthcertificate, proof of dependency, serious health grounds,
durability of partnerships ...) and his identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).

It is an established principle of EU law in the area of free movement that visa applicants have the right of choice of the documentary evidence by which they wish to prove that they are covered by the Directive (i.e. of the family link, dependency ...) . Member States may, however, ask for specific documents (e.g. a marriage certificate as the means of proving the existence of marriage), but should not refuse other means of proof.

For further information in relation to the documentation, see Commission Communication
COM (2009) 313 final 22.

3.7. Burden of proof
The burden of proof applicable in the framework of the visa application under the Directive is
twofold:
Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He mustbe able to provide documentary evidence foreseen above as he must be able to present evidence to support his claim.

If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the Directive. Additional documents may not be required regarding the purpose of travel and means of subsistence (e.g. proof of accommodation, proof of cost of travelling),which is reflected in the exemption for family members of EU citizens from filling in the following fields of the visa application form: (...)"

http://ec.europa.eu/dgs/home-affairs...lidated_en.pdf

Sources and useful info:
- http://ec.europa.eu/dgs/home-affairs...y/index_en.htm
- http://eur-lex.europa.eu/legal-conte...LEX:32009R0810
- http://europa.eu/youreurope/citizens...y/index_en.htm (<- link to EU Ombudsman SOLVIT at the bottom).

[robbie bobby]

Apparantly some embassies still don't give a damn about the regular Schengen rules or EU family member rights (freedom of movement directive):
- Ex1: http://filipinaroses.com/showthread....visa-for-Spain
- Ex2: http://filipinaroses.com/showthread....isa-Processing

But remember that:
1- An appointment MUST be given within 2 weeks of the request for regular visa applicants (you can apply up to 3 months in advance though) and ASAP for family (spouse) of EU/EEA family members.
2- Processing time should be max 15 calendar days if the application is complete or if it's an EU/EEA applicantion.
3- The external service providers TLS and VFS are entirely optional, direct contact is always possible (saving you their service fee).
4- an application for the family member (spouse) of an EU/EEA national , such as PH spouse of an UK citizen is entirely free: no visa fee etc. Service costs can only be charged if you chose entirely optional services. These applications need to be handled ASAP and with minimum hassle.
5 - If you are the spouse of an EU national they cannot ask about sufficient funds, medical travel insurance etc. Though obviously you are going to travel with some money and proper insurance regardless, not?

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Articles and handbooks:
http://eur-lex.europa.eu/legal-conte...LEX:32009R0810

http://ec.europa.eu/dgs/home-affairs...10_3667_en.pdf

http://ec.europa.eu/dgs/home-affairs...lidated_en.pdf

Sources and useful info:
- http://ec.europa.eu/dgs/home-affairs...y/index_en.htm
- http://eur-lex.europa.eu/legal-conte...LEX:32009R0810
- http://europa.eu/youreurope/citizens...y/index_en.htm (<- link to EU Ombudsman SOLVIT at the bottom).

I am just going to wait until the wife gets her naturalisation in Sept and get her a British Passport before going to Europe.Its getting pathetic and a lot of cost to get a Schengen visa what with living in Guernsay an all.At one time we just sent our doc to London and that was that.Now it's terrible and time consuming.If we were refugees it would be much easier.

[hornash]

Hi, Me and my wife are going to France in May. Can you still go straight to the embassy for the visa or have they changed it so you have to go with TLS?
Cheers