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I am an EU citizen (French) living in Asia (Indonesia). I would like to take my non-EU spouse on holiday to Holland and am wondering if DIRECTIVE 2004/38/EC applies in obtaining a free short term Schengen visa without having to show bank statements and hotel bookings. We don't want to move to Europe, just visit. We will also visit the UK and Ireland and both of those countries' embassies tell me that my spouse's visa is free but the Dutch embassy says we need to apply and pay like any other tourist and also show bank statements and hotel bookings etc.

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Why not apply for a French spouse visa.... –  MeNoTalk Feb 9 '13 at 13:08
    
Related: travel.stackexchange.com/questions/6807/… –  MeNoTalk Feb 9 '13 at 15:16
    
I think the Dutch embassy is wrong as far as EU law is concerned but it's apparently not uncommon for embassies to refuse to recognize your rights, see europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family for more information and a link to obtain assistance from the EU commission. –  Relaxed Jan 10 at 16:05

1 Answer 1

You'll still be required to obtain an entry Visa for your wife, unless she obtains residency in your home country. Unfortunately, Europe basically won't recognize your marriage in that regard until she obtains her citizenship in France as your spouse.

Are bank account statements really an issue? You just get one and go to the consulate in Indonesia. Here's a link as requested Remember that marriage by itself has no bearing on your partner's citizenship until she applies for citizenship in France.

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Thanks for adding a link. Especially in regards to legal things like visas, it's very useful to include official links in one's answers on this site! –  Mark Mayo Feb 18 '13 at 23:25
    
@MarkMayo No problem. Totally understand and will try to document as much as possible. Thanks! –  Stephen P. Feb 18 '13 at 23:26
    
That's not entirely true. A visa is still required but the marriage does make a difference, see the link I provided in the comments (incidentally, it makes a difference in another way: When seeking moving to another EU country than your own, your spouse has a right to come with you). –  Relaxed Feb 17 at 11:12

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