UK , Spain and now the Philippines and back .

Hi to all.
Great forum have spent many an hour digesting the information here.
Now is my question.
I am a British citizen that has been living and working in Spain for approximately 16 years ( I also own a house there ) I am currently in the Philippines with my intended.
I currently don't have a job in either country.
I have the chance of getting my last job in Spain back when I return to Spain in mid June.
My / our goal would be to set up camp in the UK eventually.
Question is would it be better for the two of us to get married here in the Philippines ( I am a bachelor she is a widow ) before I leave for Spain , apply for the Shengen visa so my new wife could follow me to Spain.
Then in the fullness of time apply for the UK settlement visa under the surender Singh route ?
I have read here that its has been used by Irish passport holders.
I will be keeping you informed of our journey.

yes piece of cake for you as you have Permanent Residence in Spain presuming its less than two years since you left Spain. Get married, your missus will apply for a 90 day schengan family entry visa for Spain (free) arrive spain register her for 5 year residency card carry on working for 4 months keep all evidence either apply for FP for the UK for the missus (free) biometrics will be taken by appointment in Madrid or if she has her Spanish 5 year card you can just arrive in the UK and apply if you like for her five year residency card in the UK,no English test ,No TB, and no life in the UK you dont have to do anything in the UK to qualify. Long live free movement

Another happy singher in the band!

Wish I had known about this one? I only worked in Europe for short stints at a time though and was always domicile in the UK.

We hear so many people slag Europe off but it seems to provide a great route in for spouses.

This is encouraging news.
We are going to take the short UK vistors visa to get married in the UK so as my elderly parents can attend the wedding, we would then high tail it to my house in Spain.
Would we be able to get the Schengen visa in the UK once we are married ?

Yes cant see any problem from the Spanish Have you formalised you PR in Spain?

Ok I not to good with all of the terms PR being one of them.
I have found out that the Schengen visa has to be sought in the Philippines, bit difficult to provide marriage certificate for a wedding which has not taken place in another country.
I intend to call the Spanish embassy on Monday for some clarification.

Permanent residence? Thats a guess.

Permanent Residence is automatically acquired after five years of continuously exersising treaty rights in a host country by EU Citizens (an application for a confirmation in the form of a Permanent Residence Card may be applied for) The Schengan visa,once you are married can be applied for where ever you are in the world (regardless of what Embassy Staff may say) and is governed by European Law not National, you could if you wished , apply for a Schengan visa for anywhere in the Schengan area, for your honeymoon for example, in Disney Land Paris lol , and then perfectly legally travel on to Spain and start the residence application

I would like to be considered as a "permanent resident " in Spain having had a property there for at least 14 years ,had a business partnership,been unemployed claimed benifit while retraining then spent 3 years self employed.
Am on my local padron list.
That should do it !

I have written to the Spanish consulate in the UK asking for them to clarify the point of not being able to apply for the Shengen visa in the UK.
The Schengen visa website states that one can apply ( as you say ) anywhere.
Will keep all here posted as to my reply.

Ok I got a reply from the Spanish consulate in London.
To be able to apply for a vida at this consulate it is necessary to have a UK valid residence permit card,if the visa is type C this is not possible.
I also asked about the official letter of invitation that I have to provide and where i might get this done ?
The reply for this was ; At my nearest police station to where I live..

All very helpful.......
I am going to find some official data on this and write to them again.
Quoting what I find .
Not wanting to pick a fight with the consulate but if they are acting out of the guidelines of the Schengan visa then they need to be corrected.

try Solvit thats what they are here for

http://ec.europa.eu/solvit/index_en.htm

I am afraid but in order to apply for a visa at this Consulate you have to be a resident in UK and have a document as a permit r residence card whit at least three months validity

Kind regards

IG

The above is the reply that I have received today from the Spanish consulate in the UK.
I have written asking for the article number in the Schengan visa guide book and also the name of the person that I am dealing with in the Spanish consulate.
Mentioned that I am going to be consulting a visa specialist.

Let's see what happens next.

Part of your problem I guess is that you are not yet married If I was going to do this route as you I would return to Spain get my PR Marry in the Phils and apply the Schengan there and return with her to Spain alternatively she could apply for a schengan tourist 90 day for Spain( or any where else in the schengan area you fancy) from the Phils to run after your marriage in the UK for honey moon and then deal with it when your both in Spain

QUOTE="KeithAngel, post: 77294, member: 32"]Part of your problem I guess is that you are not yet married If I was going to do this route as you I would return to Spain get my PR Marry in the Phils and apply the Schengan there and return with her to Spain alternatively she could apply for a schengan tourist 90 day for Spain( or any where else in the schengan area you fancy) from the Phils to run after your marriage in the UK for honey moon and then deal with it when your both in Spain[/QUOTE]
Already have my permanent residency for Spain I have been living there for 17 years. I want to get married in the UK so as my parents can attend they are both in their 80,s and not able to make the journey to the Philippines.
The tourist Schengen visa from the Philippines might be the way then once in Spain apply for residence as my wife.
If they kick us out we will return to live in the Philippines.
We are trying to minimise the backwards and forwards and cost of such.
Its going to cost money which ever way it goes ,just trying to keep a cap on it.

This is the reply I got from Solvit,
And the letter I sent them.
Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Dear Sir,

Thank you for getting in touch with Your Europe Advice.

Your question relates to the formalities your spouse must comply with in order to visit you in the UK in order to get married and then accompany you to Spain.

You are a British Citizen and your fiancée is a Philippines citizen. You are a Spanish resident, and you are planning to marry in the UK and travel with your spouse to Spain to live there, as a married couple.

You indicate that your fiancée intends to apply for a UK fiancée visa under the UK immigration rules.

Once married, you would like to know whether your wife can then apply from the UK for a Schengen visa, notwithstanding the fact that your wife will be holders of UK visas, which are valid for a period of 6 months.

The short answer to your question is that the Spanish authorities in the UK are arguably bound to process your spouse s visa application by virtue of Directive 2004/38 (article 5 paragraph 2). There is no obligation for your spouse to have to process their application for Schengen visas at the Spanish Consulate in the Philippines.

Also, once the Schengen visa is issued, your wife will have the right to work and reside in Spain,

Accordingly, the sole conditions that govern whether or not your spouse is eligible by reference to Directive 2004/38 for a Schengen visa are as follows:

1. Is your wife your family member (marriage certificate)? (note however, that Spanish law requires the marriage certificate to be legalized. Given your intention to marry in the UK, you are advised to legalize your UK marriage certificate with an apostille; for more on this, please visit the following link:https://www.gov.uk/get-document-legalised); The marriage certificate must also be translated into Spanish by a recognized translator; please find the list of the official translators in the link that follows;http://www.exteriores.gob.es/Portal/es/ServiciosAlCiudadano/Documents/ListadoTIJ.pdf
2. Are you an EU citizen?
3. And are you travelling together to Spain? (travel bookings)

If the answer to the above question is yes on each count, your wife is eligible for the issue of the entry visa.

EU law does not require your spouse to have lawful residence in the country from which she submits her Schengen Visa application.

Given that your spouse is able to satisfy the conditions cited above, it is arguably incompatible with her entitlements under EU law to require her to have to travel all the way to the Philippines in order to apply at the Spanish Embassy there. In other words, it would be disproportionate to require her to have to apply for the visa in her country of origin, given that the Spanish Consulate in London is able to assess her eligibility for the right of admission into Spain, by virtue of Directive 2004/38.

In the light of the above, and given the obligation by the Spanish authorities to facilitate the issue of the Schengen visa (under article 5 Directive 2004/38), the fact that your spouse s status in the UK is under a limited stay UK visa for a period of 6 months cannot arguably bar the issue of the Schengen visa in question; reference is made to the MRAX caselaw (case C 459/99).

The process of the Visa by the Spanish authorities is regulated under the Visa Code.

The visa code is established by virtue of REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing a Community Code on Visas. The visa must be issued free of charge and on the basis of an accelerated process.

You will also glean very useful information from the European Commission handbook which is meant to provide for uniform guidelines, so as to ensure a uniform application of the Regulation ( the Visa Code ).

For the text of the handbook, please visit the following link:
http://ec.europa.eu/home-affairs/policies/borders/docs/c_2010_1620_en.pdf


Note the New Visa Code is made expressly subject to the rights to be derived from European Free Movement law, which your spouse benefits from under Directive 2004/38 (provided you travel together to another Member State). Accordingly, the visa must be issued free of charge and under an accelerated process.

Alternatively, you may also wish to contact a Spanish lawyer who may be able to assist;
http://www.ccbe.eu/index.php?id=140&L=0

You may also find the following able to assist with advice:

http://www.ccoo.es/comunes/estatico/CSCCOO/documentos/migraciones/direccionesCITE.pdf

http://www.ugt.es/inmigracion/foroinmigracion.htm


The Spanish Red Cross also provides free legal clinics with Immigration Lawyers who will advise you about the steps to take.
http://www.migrar.org/asesoria/equipo/asesores/



I trust the above answers the questions you had and thank you again for getting in touch with Your Europe Advice.

Kind regards.
Your Europe Advice.

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

Your original enquiry was:
Hello,
I am a British citizen that has been living in Spain for sixteen years, I hold a residence card and own my own house there.
I wish to marry my Filipina girlfriend in the UK under the fiancee / marriage visa then following the marriage obtain the Schengen visa so my new wife and I can go to my home in Spain and I can return to work .
I am currently with my fiancee in the Philippines.
I have been writing to the Spanish consulate in London asking if my wife can apply for the Shengen visa in the UK.
I am aware that under a normal tourist visa for the Shengen zones ,Spain mainly that she would need to apply here in the Philippines.
However she will not be travelling to Spain under a tourist visa but as my wife once we are married.
Getting married in the Philippines is out of the questions as both my parents are in their mid 80,s and unable to make the journey to the Philippines.
I have been told in my reply from the Spanish consulate in London that they require that my wife is a resident of the UK in order for them to accept an application for a Schengan visa.
I have read that this is not the case as it would be unreasonable for my wife to have to return to the Philippines just so she can apply for the Shengen visa for Spain in the Spanish consulate in Manila.
I have asked for the name of the person that I have been dealing with and the article number relevant to my wife having to be a resident of the UK so as to be able to apply for the Shengen visa for Spain.
I found your website and this is my story so far.
Many thanks in advance for your help in this matter.
Duncan



Yours sincerely,

Your Europe Advice

So now you can inform them Duncan

[QUOTE"KeithAngel, post: 77438, member: 32"]So now you can inform them Duncan [/QUOTE]
I intend to print this letter as well as copy and pasting to the Spanish consulate in London.
Will also make a personal visit when I get back to the UK if I dont hear back from them.

Update to my journey to a married life.
I had returned to Spain all be it very briefly to collect various documents, my fiancee and I were still going to have our wedding in the UK, but the more people that I spoke with, the lack of interest from my father, my mothers decline in health got me thinking about transferring the location to the Philippines.
So here I am back in the Philippines, affidavit signed and issued ( all done inside of one hour ) at the British embassy in Manila.
Next day we presented our paperwork for a marriage licence then went to the mayors office to book a civil wedding.
This takes place on the 14th of July.
The next challenge will be to get our marriage certificate so as we can apply for the Shengen visa to go to Spain.