# Schengen visa required for UK spouse visa holder traveling with spouse?



## WernerK (Apr 7, 2014)

Just a quick question regarding the need for a Schengen visa if I'm traveling with my British spouse to Spain.

After lots of research, I couldn't really find any conclusive outcome to whether or not I need to get a Schengen visa if I'm holding a UK spouse visa and traveling to Spain with my British wife. I found out that it's legal to travel without but that it's always a grey area with airline/airport staff (the forums I came across was all a couple of years old).

But on the Spanish consulate website I found this:

6. 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 and/or children of Spanish Nationals the above condition applies provided that the marriage and/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.

Does my spouse visa (that does say I'm the spouse of xxx xxxx) count as a Residence Card?

Thank you loads for any advice!

PS If I had more time, I would just apply for the Schengen Visa as we'll be traveling into the Schengen region every so often, so next time I'll apply and hopefully get 12 months + as I've held two previous Schengen visas.


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## Joppa (Sep 7, 2009)

No. You don't have residence card under EEA rules but UK spouse visa under UK immigration rules. So Schengen visa will be required. And you will continue to require Schengen visa until you become naturalised as British citizen, some way off. If you don't have Schengen visa, you will be refused boarding your flight to Spain (if the check-in staff do their job correctly). Residence card (a sticker in your passport) states: Residence Documentation - Type of document: Residence Card of a Family Member of an EEA National.


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## zakmuh (Aug 18, 2014)

Joppa said:


> No. You don't have residence card under EEA rules but UK spouse visa under UK immigration rules. So Schengen visa will be required. And you will continue to require Schengen visa until you become naturalised as British citizen, some way off. If you don't have Schengen visa, you will be refused boarding your flight to Spain (if the check-in staff do their job correctly). Residence card (a sticker in your passport) states: Residence Documentation - Type of document: Residence Card of a Family Member of an EEA National.


Hi Joppa,

Im bit confused with your comment above....if it says anywhere in the spouse visa sticker, 'Type of document: Residence Card of a Family Member of an EEA National', would this suffice to take my wife to any European country without a visa? 

Thanks


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## Joppa (Sep 7, 2009)

It will only say so if it's a residence card and not just a spouse visa. So if she has a residence card and you are travelling together or she is joining you at the destination EEA country, Schengen visa won't be needed.


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## zakmuh (Aug 18, 2014)

Joppa said:


> It will only say so if it's a residence card and not just a spouse visa. So if she has a residence card and you are travelling together or she is joining you at the destination EEA country, Schengen visa won't be needed.


Thanks for your instant reply.

Well, we have just applied for the spouse visa and we gotta wait for a couple of weeks to get an answer. We've planned to travel to many parts of Europe (Schengen countries) next year, during my holidays. 

On that note.....when UKVI issue her a visa, what would that be? Are they going to put two stickers; 1- entry clearance sticker and 2- resident permit sticker?


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## Joppa (Sep 7, 2009)

No. Just a spouse visa sticker so she WILL need Schengen visa for European travels. If she is lucky, she may get multi-entry visa valid a year or more so she doesn't need to get separate visa for each trip.


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## zakmuh (Aug 18, 2014)

Joppa said:


> No. Just a spouse visa sticker so she WILL need Schengen visa for European travels. If she is lucky, she may get multi-entry visa valid a year or more so she doesn't need to get separate visa for each trip.


Thanks. So I'll take it as, upon her arrival to the UK, she has to apply seperately to get a resident card issued under EU rules then?


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## zakmuh (Aug 18, 2014)

Yup, she has to apply seperately.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/285973/guideeea.pdf

Thanks


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## Pallykin (Mar 30, 2014)

The resident card would be if you were moving from an EU country other than the UK to live in the UK. It is unrelated to your situation.

What you need to get is a Schengen visa for visiting the Schengen area. You need to apply through the country you are visiting.

Spain Visa Information - London (United Kingdom) - All About Your Visas


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## zakmuh (Aug 18, 2014)

Pallykin said:


> The resident card would be if you were moving from an EU country other than the UK to live in the UK. It is unrelated to your situation.
> 
> What you need to get is a Schengen visa for visiting the Schengen area. You need to apply through the country you are visiting.
> 
> Spain Visa Information - London (United Kingdom) - All About Your Visas


Its crystal clear now. Many thanks


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