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I'm from the UK, but I live in Thailand.

I grew up in Spain and was a resident there, but for the last 9 years I've lived in Thailand. I would like to take my Thai wife and our daughter to Spain to see all my family that live there.

We have made one attempt for a family visit visa, using my grandfather as the sponsor. At that time, my wife and I were not married; we had only our daughter to prove our relationship. We got married while that first visa application was in process.

Four days later the application was denied. We appealed it and added in the marriage registration (written in Thai). We also included a doctor's letter from Spain, explaining that my grandmother has recently had several strokes and was partially paralyzed, in order to show urgency. I don't believe we will win the appeal.

Now that we are married, if the appeal is denied, should I apply for the follow your husband visa? If I do, what is needed for that type?

I hope someone can give us some advice, as we are really running out of time. As I said, my grandmother's health is very bad. She is 91 and my grandfather is 97. They really want to meet my wife and see their new great-granddaughter.

closed as off-topic by Nate Eldredge, Gagravarr, Gayot Fow, Mark Mayo, JoErNanO Apr 5 '15 at 19:03

This question appears to be off-topic. The users who voted to close gave this specific reason:

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    I'm having a lot of trouble reading your post as it appears to be one extremely long sentence. If you could edit it to add punctuation, use paragraphs, and reread to ensure that it is clear, it would help a lot. – Nate Eldredge Apr 4 '15 at 18:03
  • However, since this appears to be about applying for a residence visa, it is off topic for this site. You might try expatriates.stackexchange.com but do pay attention to writing a clear and readable question if you post there. – Nate Eldredge Apr 4 '15 at 18:04
  • Sorry all I'm new at this.... gayot fow, yes all correct apart from the refusal is from the Spanish but I'm in the middle of appealing it what I would like to know is if the appeal comes back as denied can We, now that we are married apply again but instead of the family visit visa, apply for the follow your husband visa and if so what do we need documents wise? – Julian Apr 4 '15 at 18:19
  • Thanks remember I'm living in Thailand and I'm from the uk and my thai wife has thai passport and we want to go to Spain. Some say I just fly there and they must give us a visa but others say we must get her a visa before leaving Thailand so I'm confused – Julian Apr 4 '15 at 18:30
  • The Spanish seem to think they can make the rules up as they go along, do you think I should just fly to Spain with my wife and daughter and demand as it states in the European Union website that they must give them the visa as I'm eu citizen and she is married to me – Julian Apr 4 '15 at 18:41
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We have made one attempt for a family visit visa, using my grandfather as the sponsor. At that time, my wife and I were not married; we had only our daughter to prove our relationship. We got married while that first visa application was in process.

Here is the situation as I see it. As your visa was going through the approval process, your marital status changed.

This may have made your application invalid, which is why it was rejected.

As far as I am aware, as you are a EU citizen, the following would apply to you (and your family):

All Union citizens have the right to enter another Member State by virtue of having an identity card or valid passport. Under no circumstances can an entry or exit visa be required. Where the citizens concerned do not have travel documents, the host Member State must afford them every reasonable means in obtaining the requisite documents or having them sent.

Family members who do not have the nationality of a Member State enjoy the same rights as the citizen who they have accompanied. They may be subject to a short-stay visa requirement under Regulation (EC) No 539/2001. Residence permits will be deemed equivalent to short-stay visas.

Source

Therefore, I suggest you immediately apply for a short stay visa for your wife and child to visit Spain. As you are now legally married (please make sure your marriage is registered at the UK mission as well), I do not see an issue here.

  • Thanks so much burhan khalid this makes a lot of seance, last question, can I apply for the short stay visa now or do I need to wait for the appeal of the first one to finish – Julian Apr 5 '15 at 6:53
  • I don't think your appeal will be successful because you do not meet the requirements of the visa. I suggest you apply for a short stay visa immediate at Spain (I am not sure if it is required that your previous visa process be complete so you can apply again) or you can apply for any neighboring EU country - say France or Portugal and then once in the country, you can fly/drive to Spain. – Burhan Khalid Apr 5 '15 at 7:10

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