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My children live in the UK, and hold a non EU passport. They were refused a Schengen visa to Spain this summer.

Whilst they got a visa last summer, they submit their application travelling with the parents, British nationals.

The documentations provided:

After visa fees payment made.

  • The filled application form, where they clearly state they are children of an EU national.
  • Their passport showing their visa to the UK, and the Schengen visa for our previous holiday in Spain.
  • A copy of mother’s passport.
  • Both children’s copy of birth certificate.
  • Both children’s letter from their respective school, stating that they are students.
  • My daughter (20 years old) bank statement with £800
  • Proof documentation showing my partner, as the owner of the villa in Spain.
  • A support letter from my partner, allowing the children to stay in his property in Spain.
  • A copy of one utility bill of his house in Spain.
  • A copy of my partner’s passport.
  • A parental authorisation from me, the mother, signed and stamped by a solicitor, approving the application for a visa for my son who is minor.
  • Ryanair flight ticket for each of the children to Spain
  • A travel insurance for both children.

The reason of refusal:

  • For my daughter of 20 years old: No sufficient subsidence funds.
  • For my minor son: No sufficient subsidence fund / No document from Spanish consulate in Edinburgh allowing a minor to travel on his own.

Please can you advise if they did the right thing?

  • What kind of visa are they applying for? And will they be travelling alone, or with the British parent? – Gagravarr Aug 11 '15 at 7:46
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    Are they travelling with you this time? If they are not travelling with you/joining you, the regular rules apply so it's not unexpected that getting a visa would be more difficult than last year. You could possibly add some documents about your finance/some statement that you pay for their holiday but you will need to submit a fresh application now. – Relaxed Aug 11 '15 at 9:20
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It seems to me your children did the right thing as they submitted everything they should/could. But if the amount of money is not enough for the trip (see @pnuts' comment for some details), the consulate also did the right thing by refusing to issue the visa. Since your children are travelling alone this time, they are not covered by EU freedom of movement rules and your being a British citizen is not directly relevant so it's not unexpected that getting a visa would be more difficult.

The reason for the refusal is straightforward and the obvious solution is to get (or show that you have) more money. Some documentation of your finances (pay stubs, bank statement…) and a statement that you would pay for living expenses (not unusual for children, certainly for minors) should help. Without that, the consulate only has your word and GBP 800 for two people, which might not be enough to meet their guidelines.

I don't know about this document for minors travelling alone, the consulate can presumably help you with that.

Once you have all that, the only practical course of action at this point is to start a fresh application.

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If you are a British citizen, then your children are too, whether they want to be or not. If this is going to be a frequent problem in the future, it may be time to get them British passports. It takes time and trouble, but when it's done they are Europeans.

(Unless the UK leaves the EU in the meantime, of course.)

Here is the official site: https://www.gov.uk/government/publications/chapter-20-british-citizenship-by-descent-and-otherwise-than-by-descent-nationality-instructions

And I hope I am allowed to mention here that Wikipedia has a lot of useful links too.

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    Do you have any references for your claims? – JoErNanO Feb 26 '16 at 13:58
  • @JoErNanO I added a link so please lose the downvote... – RedSonja Feb 26 '16 at 14:11
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    From your link: "British citizens by descent cannot transmit their citizenship to children born abroad except in the circumstances described in Chapter 4.". Looks like your implication is not always valid. (I didn't downvote) – Some wandering yeti Feb 26 '16 at 14:12
  • Ah. She didn't say how she became British. The rules are not simple. I assumed British with all rights - as I am, that's how I know about it. If you are 2nd or 3rd generation abroad it may not be possible. But she's in Edinburgh. – RedSonja Feb 26 '16 at 14:16

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