Applying for a Schengen visa early because of another trip

Question

My spouse, an Indian national, was granted a visa to visit the UK on a family visit during the second week of February, 2015. And I, a resident indian, am planning to visit UK during mid May. I'll apply for a UK Visa by April, 2015.

Both of us are planning to visit Germany and Switzerland during the trip to UK.

I do understand the fact that Schengen Visa can be obtained only prior to 3 months. As my spouse is leaving for the UK in the second week of February, will she be able to apply for a Schengen visa now to travel to Schengen Countries during mid May along with me for a month? Is it possible for her to apply for the Schengen Visa by providing the itinerary to travel in mid of May to Schengen countries?

Alternatively, will she be able to apply for the Schengen Visa (to travel to Germany) while she is in the UK on the first visit?

Answer 1

You want to apply for a Schengen visa and your proposed visit is further into the future than the 3 month starting time permitted under the Schengen rules.

If you try to get a Schengen visa that starts further into the future than 3 months from the application date, they will not issue it. There is no discretion on the forward dating of a Schengen visa, it can be up to 3 months. They have option to reject your application and return the fee to you, or to refuse and keep the fee.

Secondarily, your spouse, an Indian national, proposes to apply for a Schengen at the German consulate in London (or its Swiss counterpart). They will not issue it unless she presents a UK residence permit, and there is no discretionary latitude on this requirement. This is not necessarily the case for all Schengen members with consulates in London and you will need to check the requirements of each member to see if you can modify your travel plans in order to qualify. Again, they have the option to reject your application and return the fee to you, or to refuse and keep the fee.

Interestingly, the Swiss require that the UK residence permit be valid, but the Germans do not state this qualification, at least explicitly.