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 Post subject: Travelling to Spain & through Europe with my Ukrainian Wife
Post Number:#1  PostPosted: 19 Mar 2014 22:08 
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Hi there, I found your website after conducting a google search and have to say that it has been most informative. I am now hoping that you might be able to help me a bit further with a specific query though.

As some background...

My Ukranian wife, Alyona, and I were married in the UK in December 2013, after she moved permanently to the UK in August 2013 on a Fiance visa. We had been seeing each other for 2 years prior to this with my making numerous trips to Kiev and her coming to the UK several times over that period on Visitor visas.

As I have a home in Spain as well as the UK we also travelled there a few times prior to being married with Alyona having secured multiple access Schengen visas.

First question is:
Now we are married and Alyona has just in the past week been granted her Leave to remain as my wife under the FLR. So far she has received a letter confirming that her application to remain in the UK has been approved and got her passport back, but we are a bit confused as there is nothing in her passport that specifically states that she has the right to reside (unlike previous visas where the put the vignette in her passport). We understand that she completed biometric enrolment so is this somehow linked to her passport or should we be receiving another document of some kind??

Second Question is:
We are travelling to Spain in April for a fortnight and Alyona's last Schengen has now expired. We were going to apply for a new Schengen and so I was just doing some research how to do this from the UK (her previous schengens were issued in Kiev) when I came across Directive 2004/38/EC . A subsequent google search for this led me to your website and and a previous thread all about this. I note however that thread ends in 2012 around the time a new directive was published in the UK. What I would like to know is if Directive 2004/38/EC still applies and whether Alyona can travel with me to Spain (and other parts of Europe later in the year) without the need for a Schengen Visa. I also noticed some comments that a Schengen should be issued free as she is my wife. - Is this the case and if so then perhaps we should still get a Schengen?

Your advice on this subject would be very much appreciated.

Sorry I should add, I am a British Citizen

Many thanks,
Damon [thanks.gif]


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 Post subject: Re: Travelling to Spain & through Europe with my Ukrainian W
Post Number:#2  PostPosted: 20 Mar 2014 06:56 
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Hello Damon

and [welcome1.gif] to the board.

In reply to your questions.....I would suggest the following:

The UKBA has changed now to UKVI and I had no need to visit this site for some years..... and to be honest I don't know the answer to your question.
I suggest you call them and ask about it. I would have thought that you should have a vignette in her passport except if they have changed.... maybe to charge more..... [sad.gif]

Second question: EU Directive 2004/38/EU

You are a British Citizen and I expect while you have a house in Spain, you have not Exercised your Treaty Rights, because you have to live there for sometime.

Your wife cannot travel without Visa under the Directive Rules but has to apply for a visa for the first country you will visit .... France or Spain, which should be FREE.


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 Post subject: Re: Travelling to Spain & through Europe with my Ukrainian W
Post Number:#3  PostPosted: 20 Mar 2014 10:28 
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Morning and thank you for the prompt response, although I am now even more confused.

After receiving your email, I thought this made sense. i.e. if I exercise my treaty rights to live in Spain then Alyona does not need a visa but if I am just travelling there for a few weeks at a time, then she does.

So off I went to the web again to start the process of making an appointment to get Alyona her visa. Following the options on the VFS Global website whom the Spanish consulate have outsourced the processing of visa applications to, I arrived at a page for Spuse of an EU national to be advised that we don't need a visa - See text below copied from that page:

EEA Visa

IMPORTANT NOTICE: 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 Permit are not required of a visa to enter Spain if traveling with or intending to join the EEA family member. If the person travels without the family member, they would be required to apply under the Tourist visa category and provide all of the required documentation for the same, and would be required to pay the visa fee in addition to the service charge.

Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEA National


So it appears that we do not need a visa, but I am very concerned not to arrive at the airport in April not to be allowed entry. Any thoughts on this??

Many thanks,
Damon


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 Post subject: Re: Travelling to Spain & through Europe with my Ukrainian W
Post Number:#4  PostPosted: 21 Mar 2014 07:03 
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Good morning Damon

and [welcome1.gif] to the board.

I apologise for the delay in replying but as you may noticed..... I was busy with my wife's Hanna, Naturalisation procedure..... see announcements! [yahoo.gif]

It has been a long time since, I visited the Spanish website and I was not aware about the latest ....welcomed.... changes.

  1. Your wife has been granted FLR visa..... (Further Leave to Remain), which comes under the UK National Law, therefore you have not exercised treaty rights under the Directive 2004/38/EU.

    I suggest you contact the UKVI and find out why they have not attached a vignette in her passport???

  2. If your wife had been issued (by any State member of the EU) a RESIDENT CARD under the Directive then the vignette in her passport would state ...... Family Member of an EU/EEA National.

    SO "Luckyspin" has advised you correctly. Your wife needs to have a Shegen Visa to visit any Shegen country.

Sorry about the bad news....

If you had found our site before... I would have advised you to apply fore settlement under the Directive.

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