# Spain Schengen tourist visa (for spouse of British citizen)



## Kimi2490 (Nov 8, 2012)

Hi guys,

Quite active on the British side of this forum, quick question for my Spanish expat friends-

I am the spouse of a Brit. I need a tourist visa to enter Spain for a 4 night Barcelona break.

I am on the official Spanish visa website, and there are two options to chose from- Tourist visa OR EU/EEA Spouse visa.

Which one should I be selecting? Any advice? I am only going for a short break, not to settle, so not sure. I think it should be tourist visa, but then I am also the spouse of a EU national (for now)  ...

Thanks for your helo


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## Kimi2490 (Nov 8, 2012)

Actually, scratch the above query, as I am not travelling with my Brit spouse , I think I will have to apply for a regular tourist visa. (this is a girl's holiday).

Does anyone know if I still have to provide all the tourist visa related evidence, as well as pay the visa fees? I suppose I will have to, and it's not a problem, but I want to double check so I am not collecting all this evidence, that doesn't need to be used. 

Thanks again.


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## Phil Squares (Jan 13, 2017)

Do you have a UK Residence Card? If you do, you don't need a visa at all as you are, until Brexit, a spouse of an EU citizen.


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## Kimi2490 (Nov 8, 2012)

I do have a UK resident permit, but unfortunately a UK are not a part of the Schengen agreement, us NON EU spouses do have to apply for a visa. 

The good thing is- if I am travelling with my Brit (EU citizen) spouse, then the visa is free of charge and they do not ask for any extra supporting documents.

HOWEVER , this time I am not travelling with him , just a girly break, hence I will have to apply for the visa the normal way and also show all the supporting documents. Just confirmed with Spanish consulate 

Unfortuante, but oh well, thems the rules! Thanks for taking the time to respond


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## Juan C (Sep 4, 2017)

Kimi2490 said:


> The good thing is- if I am travelling with my Brit (EU citizen) spouse, then the visa is free of charge and they do not ask for any extra supporting documents.


I believe as long as you are traveling with your EU Spouse, or meeting them there, you do not need a visa.

That is i certainly the case with a non EU spouse, resident in Spain, travelling to UK. No visa required, 

My non EU wife and I went to UK last year without a visa, although we have to convince the airline that we were legally entitled to do so !


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## Kimi2490 (Nov 8, 2012)

Hi Juan,

I believe your wife and you did get incredibly lucky on this. Because, all consulates- Spain, Bulgaria, France (that I know of personally), amongst others, actually have a provision for a "free of charge" EU/EEA Spouse visa.

This is for short stays/visits, made along with your EU citizen partner. Even though the visa is free, it is a must to actually obtain it.


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## Juan C (Sep 4, 2017)

Kimi2490 said:


> Hi Juan,
> 
> I believe your wife and you did get incredibly lucky on this. Because, all consulates- Spain, Bulgaria, France (that I know of personally), amongst others, actually have a provision for a "free of charge" EU/EEA Spouse visa.
> 
> This is for short stays/visits, made along with your EU citizen partner. Even though the visa is free, it is a must to actually obtain it.


We were not lucky being able to travel without a visa. 

It was the Finding of the EU Court.

https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-12/cp140182en.pdf44

Extract

_The Court of Justice confirms that Directive 2004/38 is applicable to the situation of the McCarthy family. 

The directive applies to any EU citizen who has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national and to his family members. 

There is nothing in Directive 2004/38 indicating that the right of entry of family members of the EU citizen who are not nationals of a Member State and the exemption, laid down in the first subparagraph of Article 5(2) of the directive, from the requirement to have a visa are limited to Member States other than the Member State of origin of the EU citizen. 

*Thus, where a family member of an EU citizen who has exercised his right of freedom of movement is in a situation such as that of Ms McCarthy Rodriguez, that family member is not subject to the requirement to obtain a visa or an equivalent requirement in order to be able to enter the territory of that EU citizen’s Member State of origin. 
*
_


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## Kimi2490 (Nov 8, 2012)

You still were lucky. EU courts can find this and that, airlines aren't always up to date with court rulings. 

If the court ruling was that final and accepted, those visa categories would have been long removed from the respective consulates.


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