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I'm a Filipina married to a British man. I was refused a fiancé visa when we were not yet married and was refused a tourist visa just recently. He and his kids are going to Spain in April for ten days vacation. I want to go to Spain and join them.

What are my chances of getting a Schengen tourist visa?

Will my previous refusals have a Huge impact if ever I apply for the Schengen visa?

By the way I was unemployed when I applied for my previous visas. Soon I will go back to work and will open a spa business.

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If you are married to an EU citizen (which Brits still are for the time being), then you cannot be denied a visa to accompany him to a different EU country than his home, under the freedom-of-movement directive -- unless the authorities processing the application conclude that the marriage is a sham.

So that's what you should focus on establishing in your visa application. (Once you mention the marriage they will either believe in it or not. In the latter case, your credibility will be shot to pieces in the process, and then your chances of getting the visa on the basis of ordinary tourism are pretty much non-existent anyway).

The refusal you posted in your earlier question shows that the British ECO was not convinced that your marriage is genuine. This doesn't compel the Spanish consulate to reach the same conclusion, of course, but whatever made the UK suspicious in the first place will probably still apply to Spain. Especially if you have never cohabited with your British husband for any significant length of time, you could have a steep climb ahead of you.

We can't give any percentages, though.

(Note that a "genuine" marriage here means more than just having valid legal paperwork. See for example this handbook from the EU for more discussion than you probably thought you wanted about what they consider "genuine").

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    ... unless they conclude that the marriage is a sham or that the applicant is a danger to public safety or public health, or for reasons of public policy. Granted, that isn't particularly likely, but I think it deserves mention. – phoog Jan 9 '17 at 15:24
  • @Henning mkholm ... when i applied for my fiance visa the eco was satisfied with our relationship. Maybe i shud have included the Appeal decision letter when i applied the tourist visa.. 😔 what other documents should i submit next time i apply? – GoddezLouee Jan 11 '17 at 2:57
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Your chances of getting a spanish schengen visa are very high as you're married to an EEA citizen. All you need to provide is your husband's passport and proof of your marriage. They can't refuse you unless you're a threat to an EU member state or your marriage was fake. Note, your free movement rights don't apply to the UK since your husband is a UK citizen. The UK has the right to refuse your visa if your husband doesn't earn enough (18,600 a year, 22,400 with kids & 2400 for every additional kid) or they suspect the wedding is a sham marriage.

  • thank u for the info. Can i submit my husband's income tax return from hmrc website? Last year he earned more than £22,000 before taxes. Can i also include our wedding pictures and chat conversations? To show them that our marriage is genuine. Me and my husband went through a lot of struggle in our 3 year relationship and i found it a bit unfair for the officer to doubt our marriage. – GoddezLouee Jan 20 '17 at 15:47

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