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WARNING: Spain will not issue visas to Filipino wives of Brits

Discussion in 'Europe Wide Visa Discussions' started by CampelloChris, Jan 2, 2017.

  1. CampelloChris
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    CampelloChris Well-Known Member

    As many of you know, I had almighty problems with the Spaniard's interpretation of 2004/38/EC (which guarantees an entry visa to direct family members of EU citizens who have settled in another member state)

    The Spanish Ombudsman agreed when I complained to them about the abuse(s) of the law by the Spanish Consulate in Manila and made a suggestion to the Spanish Ministry of Foreign Affairs that the visa refusals be revoked and a visa issued forthwith.

    The Spanish MFA refused, stating that we do not have a genuine and stable relationship.

    A fellow Brit in similar circumstances recently wrote to the Spanish for clarification......

    Dear Sir/Madam I noticed on your list of requirements for a Schengen visa for a non EU spouse it states the following.... For spouses of Spanish/EU nationals – Spanish/EU marriage certificate (issued not more than 6 months ago) recognised by the Government of the corresponding EU national. Marriages that are not registered/recognised by the corresponding EU Government will not be processed as an EU spouse visa. Only marriages recognised/registered by the corresponding EU Government are free of charge. As a British national the UK doesn't register foreign marriages but does recognise a foreign marriage obtained legally in the laws of the country the marriage was obtained in this case the Philippines, so on this basis will the application for the spouse of a British national be exempt from this requirement or does this mean i can not obtain a Schengen visa for my Filipino spouse through the Spanish Embassy? Any information would be most helpful.

    This was their response.....

    We understand that the British Government does not register the marriage of their nationals in a foreign country, as it considers a marriage legal, when considered such, in the place where the marriage took place.

    For purposes of visa application at the Consulate General of Spain, we do not grant a visa if the marriage of the Filipino national to a European national, British included, is not recognized by their respective governments. Since we require from Spanish nationals, following the Spanish Law, that their marriage be registered and recognized by the Spanish Government, we require the same mentioned accreditation from other European nationals as well.

    In view of this requirement, if the visa applicant cannot provide the document that shows that the marriage is registered or recognized by the British Government, he/she has to show proof of the authenticity of the relationship.

    He/she has to prove that there is a real and stable relationship, by showing that they have lived together as domestic partners for at least one year. This can be verified through the corresponding visa of the British national that will show if he/she has continuously stayed in the Philippines as a resident for more than a year. His/her entry and exit stamps to and from the Philippines will show the length of stay in the Philippines as well. If they have lived together in Spain or in another country, proof of this should be submitted as well.

    Aside from this, the official certificates of no- marriage that were submitted, in order to secure the Filipino marriage certificate must also be provided. Without the mentioned certificates of no-marriage, issued by the British authorities to the British national, and the Filipino one issued to the Filipino national (CENOMAR), the visa may still be refused.

    You may confirm in the Article 4.b) of the Spanish Royal Decree 987/2015 the information provided through the following link: https://www.boe.es/boe/dias/2015/11/09/pdfs/BOE-A-2015-12090.pdf


    This is clearly poppycock, and the clumsy attempt to use 987/2015 in their argument is flawed as the law (an addendum to 240/2007 - the Spanish adoption of 2004/38/EC) covers specifically only family members who are not a) husband or wife, b) children or c) parents.

    Similarly, the imposition of the Spanish Civil Code is flawed as it cannot take primacy over a Spanish Royal Decree. A Royal Decree made law 'trumps' all else.

    I have the matter with lawyers at the moment, with litigation against the Spanish MFA imminent. I have received favourable judgements from the aforementioned Ombudsman as well as another from the European Commission, and so I'm quietly confident that the Spanish courts will also agree.

    In the meantime, I would advise that British husbands of Filipinas who wish to apply for a visa under 2004/38/EC choose a different Schengen member state before applying. We obtained Melody's visa by my writing a letter to the Maltese, claiming that I had grown sick of living in Spain and that we wished to settle in Malta - or at least see if that was what we wished to do. And that I needed Melody to help me tie up a few loose ends in Spain selling my business before we moved to Malta to open another.

    Obviously, plans change, and once she arrived, we changed our minds. <cough>

    We have had no problem whatsoever in Melody's application for residency in Spain. The problem in its entirety has been with the Spanish Consulate in Manila.
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  2. Timmers
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    Timmers Well-Known Member Trusted Member

    Sound advice/information Chris.

    You must get something for that cough, its quite persistent :)
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  3. Markham
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    Markham Guest

    Great information, Chris, I'm sure it will assist others in the future.

    There are, in fact, direct flights from Malta to Barcelona (Ryanair) and Madrid (Vueling) so Melody could have flown here on Emirates, via Dubai and with a stop at either Larnaca or Tunis, on a Malta-issued Visa and continued on to Spain (although an overnight stay may be involved). From Manila/Cebu/Clark, you can also enter the Schengen Area at Amsterdam (KLM) and Frankfurt (Emirates).
  4. CampelloChris
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    CampelloChris Well-Known Member

    She ended up in poultry class with China Southern, flying to Guangzhou, Paris (where I was supposed to meet her) and on to Madrid. It was the French authorities who queried why she had three visa refused stamps for Spain and a ticket to Spain, plus a visa issued by Malta, but no ticket to Malta. Luckily our story was accepted and she was allowed entry, otherwise I would be in a French prison by now!!!

    I planned to meet her in Paris and fly on to Madrid and then clear immigration but it all went pear-shaped because my flight was late and (as Timmers correctly stated), she cleared immigration in Paris. We crossed twenty minutes out of CDG. Melody then waited in Madrid for me for three hours whilst I completed my wasted journey. And even then they lost her case, which turned up in Alicante the next day.

    Let's hope we don't lose a case when we take the Spanish to court!
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  5. firew0myn
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    firew0myn Active Member

    Hi! Is this only applicable when you apply for the visa from the Spanish consulate in Manila or even when you apply for a Schengen visa from the UK? And is this for folks who got married in the Philippines versus the UK?
  6. CampelloChris
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    CampelloChris Well-Known Member

    The UK is not in the Schengen Zone. Applying to live in the UK from Phils has not changed. This applies to the wife/husband of a British person living in Spain and applying for the equivalent of a spouse visa through the Spanish Consuate in Manila - and then, only if they weren't married in Britain.

    Had I married in Britain, the marriage would be registered in Britain and therefore would not have been a problem for the Spanish. However, Britain does not register marriages carried out abroad, and because the marriage is not registered, the Spanish are refusing to accept the marriage as genuine.

    This is against the law and their decision will be overturned, but as is the case with these things, it will take time. Therefore, for the time being,British spouses should avoid applying to the Spanish consulate for a visa to enter the Schengen Zone, as is their right under 2004/38/EC.

    FROM COM2009-313 -
    COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
    on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

    2.1. Family members and other beneficiaries

    2.1.1. Spouses and partners
    Marriages validly contracted anywhere in the world must be in principle recognized for the purpose of the application of the Directive.

    2.2. Entry and residence of third country family members

    2.2.1. Entry visas
    As provided in Article 5(2), Member States may require third country family members
    moving with or joining an EU citizen to whom the Directive applies to have an entry visa

    Such family members have not only the right to enter the territory of the Member State, but
    also the right to obtain an entry visa. This distinguishes them from other third country
    nationals, who have no such right.
    Third country family members should be issued as soon as possible and on the basis of an
    accelerated procedure with a free of charge short-term entry visa.
    The authorities of the Member States should guide the family members as to the
    type of visa they should apply for, and they cannot require them to apply for long-term,
    residence or family reunification visas.
    As the right to be issued with an entry visa is derived from the family link with the EU
    citizen, Member States may require only the presentation of a valid passport and evidence
    of the family link
    No additional documents, such as a proof of accommodation, sufficient
    resources, an invitation letter or return ticket, can be required.
  7. CampelloChris
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    CampelloChris Well-Known Member

    I forgot to mention when I wrote the original post that I have also been in touch with the Foreign and Commonwealth Office, using a Freedom of Information request, to see what was happening. A helpful minion from an office tucked away somewhere gave me a tip-off that discussions were taking place.

    This is what I found out:

    Chris Whewell made this Freedom of Information request to Foreign and Commonwealth Office

    Dear Foreign and Commonwealth Office,

    As there is no facility for registration in the UK of a marriage carried out in a country other than the UK, what have the FCO done in order to satisfy the requirement of the Spanish authorities (who insist upon registration of a foreign marriage in the UK prior to the issuance of an entry visa - a right under 2004/38/EC)

    Yours faithfully,

    Christopher Whewell

    They replied as follows:

    Dear Mr Whewell

    Please refer to your e-mail of 22 March. I am replying as a member of Consular Directorate in the Foreign and Commonwealth Office with responsibility for the policy on marriage of British citizens overseas. I am very sorry the delay in replying to you on this matter.

    We provide wording, in the form of Information Notes, on a number of issues which British citizens can present to foreign authorities. Such issues include the validity of a foreign marriage in the UK (which I understand our Embassy has already provided) as well as such matters as dual nationality, driving licences and the electoral roll for example. We are aware that some countries do require confirmation of the validity of a foreign marriage in the UK because they have processes to do so in their own country and assume that we have similar mechanisms. Some countries require an Information Note to be stamped by a British Embassy whereas others accept a copy that can be downloaded by the British citizen from a British Embassy website. It is difficult, therefore, to be precise on which countries ask for clarification on the issue of foreign marriages in the UK.

    We do know that the Spanish authorities used to ask for this clarification and we provided Information Notes as appropriate. Consular staff at our Embassy in Madrid met with officials at the Spanish Ministry of Foreign Affairs (MFA) in February this year. At that meeting it was agreed that Spanish consular missions would no longer request confirmation of the validity of foreign marriages in the UK. The MFA confirmed that visa applications are assessed on their own merits without referral to UK marriage registration or recognition. The Spanish MFA told our consular staff that a locally issued marriage certificate should be sufficient for visa applications. The MFA indicated that where a visa has been refused it was for other reasons and not because a foreign marriage could not be registered in the UK.

    I hope this answers your questions

    Yours sincerely

    David Rowe
    Consular Directorate
    Foreign and Commonwealth Office


    It appears that the Manila Consulate are not aware that they should not be asking for registration/recognition. The FOI request was closed in June 16. The letter in the original post was emailed to Manila a week ago.

    This discrepancy between what the Spanish Ministry have stated is how they process applications, and how British EU citizens are actually treated by the Spanish in Manila is, I think, key to me getting a positive result in court.
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  8. Markham
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    Markham Guest

    Oh dear, Chris, I rather think someone in the Spanish Foreign Ministry will shortly discover :poop: in his skivvies and will want to seek an out-of-court accommodation with you!
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  9. CampelloChris
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    CampelloChris Well-Known Member

    I just got a quote from a firm of solicitors in Alicante. The chap I spoke to has had a lot of similar dealings in China, so I have every confidence in him. It's 350 to get Melody's file from Manila and then 1000 to initiate proceedings and suggest a figure for which we might be willing to settle out of court, then 1500 more when the pig-headed Spaniards refuse to see that I have got them over a barrel, and insist that it goes to court. (all plus VAT and expenses)
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  10. Markham
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    Markham Guest

    Is that Pounds, Euros or Pesos; I'm assuming Euros but Pesos would be better!
  11. CampelloChris
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    CampelloChris Well-Known Member

    Euros, but being as costs would also form part of a claim, and I'm about as confident of victory as it is possible to be, I'm less concerned than I might be otherwise.

    Melody and I sat down to have a chat about this. She said she just wants to put the whole thing behind us and move on, but it's got to be one of those occasions where I flex my Husband of the House muscles and insist that she supports me.

    She would phone me up in tears whenever they refused us, and it had been me who built up her courage to go back there in the first place. To present her application to the b*st*rd who made her take her wedding ring off 'for inspection' on her first interview.

    I don't think (or I hope not) that people realise just how helpless I would feel, with her unable to speak because she was crying so much, or how furious I felt that they had denied us our rights once again. And the most infuriating thing was that they constantly made accusations against our marriage without any justification. If I'd been in Manila at the time, I think I would have killed him.

    No matter what hoop they put in our way, we did our best to jump through it, and they defrauded us of 5000 euros in the expenses we incurred as a result. Melody would have been here in July 2015 and would have been working, and it's reasonable to expect, earning around 1000 euros a month.

    Instead, she was unable to accept work in Manila because the requirements of all the above would mean that she continually needed to take time off to jump through a Spanish hoop, and that she couldn't know if she would have the job for two days, weeks, months or years. As a caregiver for old folks, it isn't fair on them either.

    She was staying with friends and sleeping on a bed made from a sheet of plywood. No mattress. Just the plywood. In a squatter type area in Paranaque. I sent her what I could, but it was never much. Tried to keep her spirits up when I thought we would never succeed.

    And all these b*st*rds would do is sneer at us.

    The main b*st*rd was the same chap I met with when I went there in October 2015. He told me that European Law did not apply to Spain, that her application must be for residency and that I should get 'an immigration lawyer.....if I could afford one.'

    Well now I can afford one. And now I've got one.

    And I want his balls on a plate.

    And if it all works out and we receive a healthy amount of recompense, loss of earnings and damages, we will splash some cash on a late, late honeymoon.

    And then I'm going to send him a thank you letter from our holiday accommodation cottage in el nido in Palawan

    [​IMG]
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  12. JoshuaTree
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    JoshuaTree Active Member

    That post (and story) is one of the best I've read on here. My ire was rising reading it, and I truly hope it concludes as you outline and hope. A plywood f**king bed...took off her wedding ring... I'd like to meet that f**king peacock with you if I could.

    I'd like that address in Palawan too, the one island I know I want to go to next in Phils :D
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  13. CampelloChris
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    CampelloChris Well-Known Member

    An update on my attempts to get satisfaction from the Spanish Foreign Ministry.

    We have begun legal proceedings against the Spanish. This involves getting a copy of the file from Manila which, true to form, the Spanish Consulate in Manila deemed impossible without us giving power of attorney rather than just a letter of authorisation. They now have one month to comply.

    A friend <cough> recently wrote an email to the Spanish Consulate asking for clarification on the registration matter. You may recall that the Spanish Foreign Ministry in a meeting with the FCO said that they do not require registration.

    Dear Sir/Madam
    I noticed on your list of requirements for a Schengen visa for a non EU spouse it states the following.... For spouses of Spanish/EU nationals – Spanish/EU marriage certificate (issued not more than 6 months ago) recognised by the Government of the corresponding EU national. Marriages that are not registered/recognised by the corresponding EU Government will not be processed as an EU spouse visa.


    Only marriages recognised/registered by the corresponding EU Government are free of charge.

    As a British national the UK doesn't register foreign marriages but does recognise a foreign marriage obtained legally in the laws of the country the marriage was obtained in this case the Philippines, so on this basis will the application for the spouse of a British national be exempt from this requirement or does this mean i can not obtain a Schengen visa for my Filipino spouse through the Spanish Embassy?

    Any information would be most helpful.

    The Spanish Consulate in Manila replied as follows:

    Mr. Miles,

    We understand that the British Government does not register the marriage of their nationals in a foreign country, as it considers a marriage legal, when considered such, in the place where the marriage took place.

    For purposes of visa application at the Consulate General of Spain, we do not grant a visa if the marriage of the Filipino national to a European national, British included, is not recognized by their respective governments. Since we require from Spanish nationals, following the Spanish Law, that their marriage be registered and recognized by the Spanish Government, we require the same mentioned accreditation from other European nationals as well.

    In view of this requirement, if the visa applicant cannot provide the document that shows that the marriage is registered or recognized by the British Government, he/she has to show proof of the authenticity of the relationship.

    He/she has to prove that there is a real and stable relationship, by showing that they have lived together as domestic partners for at least one year. This can be verified through the corresponding visa of the British national that will show if he/she has continuously stayed in the Philippines as a resident for more than a year. His/her entry and exit stamps to and from the Philippines will show the length of stay in the Philippines as well. If they have lived together in Spain or in another country, proof of this should be submitted as well.

    Aside from this, the official certificates of no- marriage that were submitted, in order to secure the Filipino marriage certificate must also be provided. Without the mentioned certificates of no-marriage, issued by the British authorities to the British national, and the Filipino one issued to the Filipino national (CENOMAR), the visa may still be refused.


    As you can clearly deduce, the Spanish Consulate in Manila are acting contrary to that which the Spanish Foreign Ministry have stated to the FCO. Either that of the Spanish Foreign Ministry are not telling the truth about what is happening in their consulates.

    I have also complained to the European Commission. I received a reply last week. This is an excerpt:

    On the basis of the factual situation that you describe, we intend to follow up your case with the Spanish Authorities.
    In this context, I would like to inform you that on 6 July 2016 the Commission's services launched an EU-PILOT3 (8682/16/HOME) investigating, inter alia, the application by the Spanish authorities of the Visa Code Handbook provisions. The Commission's services will take the opportunity to link your case to this ongoing EU Pilot file in order to inquire about the facts you present.

    The net is closing in.

    Meanwhile, as you will no doubt appreciate, do not apply to the Spanish Consulate. You will be refused.
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  14. Markham
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    Markham Guest

    That is interesting, Chris, because it would appear that the Spanish will refuse to issue a Schengen visa to the fiancée of an EU national which Malta, France, Poland and Italy I know do not. Also, what happens if the marriage takes place in a third country, such as Hong Kong, which does not require a Cenomar for single applicants (but divorced/widowed need show proof that the previous marriage is legally finished)? You'd be doubly-stuffed in that case.

    It seems to me that the Spanish are making-up the rules as they go along.

    You can console yourself with the knowledge that, apparently, the Spanish Prime Minister has been reduced to begging Britain not to leave the EU because he's afraid the Spanish economy will tank as a consequence.
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  15. CampelloChris
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    CampelloChris Well-Known Member

    That's my impression too. They quote RD987/2015 as proof of their following the law. Yet 987 is an addendum to RD240/2007 (which is the adoption of the European Directive 2004/38/EC - the freedom of movement Directive)

    In the opening paragraph it says that 987 applies to all those family members not included in article 2 of 240. Go to 240, find article 2 and you will find that the first family members mentioned are 'conyuge' - husband or wife.

    And so, 987 cannot be used in this legal argument as it specifically states that it does not apply to husbands or wives.

    They claim that Melody and I do not have a 'genuine and stable relationship'. Now they can't have it both ways. Either we are married or not. If they assume that we are not married, and therefore not family members as defined under the Directive, then they should not have accepted our applications, and should not have charged us 2915 php each time.

    Now what is it called when you pay someone for a service that the payee knows that they will not provide?

    Furthermore, on each of our applications, Melody was allowed to present the application on a Friday morning without appointment. Only family members are allowed to do this.

    It appears that when Melody was clutching 2915 pesos in her hand she was considered a family member. As soon as she handed it over, she was apparently no longer so.

    The lawyer and the European Commission seem very interested in our third application - that being the one where we were told that because our marriage was not registered in the UK, we could only apply for a short term visa and would need to apply for residence once in Spain.

    Firstly, of course, we should not have been made to apply for a short term visa. Secondly, it implies that residence would normally be required to be applied for in Manila, which again breaks the Visa Code and the 2004/38/EC Directive. As does, incidentally, charging for a visa which must be provided free of charge.

    The European Commission have already sent me confirmation that we must not be charged. Unfortunately, they suggest that I use Solvit to attempt to get a refund for fees erroneously charged, which is about as useful in making a challenge as throwing marshmallows at them.

    In the Spanish refusal they refer to the sworn statement that Melody was made to sign in September 2015. To formulate this statement they questioned her along the lines of us having been a cohabiting couple in the Philippines prior to me going to Spain. They asked her how much I earned, whether we had a joint bank account, property etc. They asked if I took any medicine. They asked how much I sent to her each month.

    And then they rejected that (the 2nd application) and in the final resolution, clearly stated that her application for an entry permit had been processed as one of family reunification. Again, this breaks the Visa Code and 2004/38/EC. They completely ignored my appeal letter, which stated no less than 13 times that we required an entry permit and not a residential visa.

    Melody presented our 1st application way back in June 2015. Again she was allowed to do so on a Friday morning, and again she was charged 2915 php for the privilege.

    In order to get through the door on a Friday morning, she had to present the wedding certificate. At this point, Melody was accepted (by their own rules) as a family member of an EU citizen. At that point, according to the Visa Code, the consular staff were supposed to provide every assistance and guidance in her obtaining the correct visa type - an entry permit valid for 90 days, supplied as a priority and issued free of charge - even though in our (then) ignorance, we had applied for a normal tourist visa.

    Yet again, she was considered a family member right up to the point where she paid the money over.

    The Spanish consular staff check documents prior to accepting an application. Melody was turned away on September 5th 2015 because her application didn't include my birth certificate (which was not required anyway). Because I complained, she was interviewed on September 9th, otherwise she would have needed to wait until the following Friday.

    But following this, a valid point is raised. If they check documents prior to accepting an application, AND they require a certificate of registration of a marriage, then they should refuse to accept an application which does not include such a document.

    My own perception of this is that to accept an application and take money, knowing that the 'correct' documentation is not present, (and therefore the application cannot succeed) is fraudulent.

    I think we will win our case, as everything I have accused them of in this post (and more) can be backed up by emails and documents produced by the Spanish Consulate. We will wait and see what the courts make of it - if it gets that far.

    Once the folder is in our possession, the lawyer will present his findings to the Spanish Foreign Ministry. I assume that at this stage, they might accept our proposal for them to settle out of court because the evidence is damning.
    Last edited: Jan 25, 2017
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  16. DJB
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    DJB Active Member

    Good luck mate
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  17. Markham
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    Markham Guest

    Chris, what you have related is truly shocking and, in view of the Spanish Prime Minister's statements yesterday (virtually begging Britain not to leave the EU), I would seriously consider writing to him; treating EU citizens contrary to EU law isn't exactly going to endear them and encourage them to live and spend money in Spain, is it!

    Your various visa applications were all made at the Spanish Embassy in Manila, I believe. I wonder whether you wouldn't have had a quicker and less stressful outcome had you applied for the Schengen visa at VFS in Makati. I've read a few blog posts by Filipinas who have obtained visas for Spain and many of them - including first-timers - were not required to attend an interview at the Embassy. And certainly none were subjected to the humiliating interviews Melody had to endure.

    Needless to say your experiences are diametrically opposed to those we've experienced with the Maltese authorities. We were given every assistance by the Maltese Embassy (in Beijing) and when they were notified that they'd inadvertently issued a Family Visit visa for our baby son, moved heaven and earth to ensure it was replaced with a Family Reunification one and the Passport couriered directly to us (rather than via VFS) so that we could catch our flights as booked (we received the Passport with the wrong visa a week before travel!). And the Consul emailed me several times during this process to keep me updated.

    My only niggle concerns the issue of our Residence Permits which we all applied for on the same day. Mine was issued after a week but those for my wife and son took three months to arrive ("because we can"!). And the tax office took nearly four months to issue me with a tax code.

    I look forward to reading the next instalment with great interest!
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  18. CampelloChris
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    CampelloChris Well-Known Member

    The beauty of it is that, thanks to Melody meeting up and chatting with a Brit/Filipina Ex-Pat in Spain couple in the Consulate, she was finally able to convince me to apply via Malta, and Melody is now here and legally resident - otherwise we might be up to application number 6 or something. We are settled and working hard and paid off all our debts last year, and so begin this year in a good position.

    Some people have suggested that we let it all go, now that we are finally together. But I suspect they don't understand how frustrating it was to know that you are in the right, but be continually denied by sneering bureaucrats who are clearly abusing their authority and breaking laws. I don't think they have a shred of understanding of how difficult a time it was - how difficult it is to listen helplessly to your wife sobbing on the phone because the Spanish had treated us so unfairly - again. There were times when not a word was spoken over the phone between us because neither of us could get a single word out.

    Of course, many of the same people now advising us to 'let it be' were also the same people who at the time assumed that I had done something wrong and that it was all our fault, who sat and muttered among themselves about how I had somehow got it wrapped around my neck, that we couldn't be really married otherwise the Spanish would have given us a visa, or assumed I had bitten off more than I could chew, and that these things are never easy (even though they would be hard pushed to point out the Philippines on a map with a damned big flashing neon arrow pointing at Manila.)

    Well it wasn't my fault or our fault. It was the fault of the Spanish and their discriminatory practices, and I won't stop until I get a full apology and a refund of expenses and compensation for the hundreds of hours I spent researching, translating and writing to anyone who might help, plus a few quid by way of recompense for the upset they caused us..

    The money is not the important part, although I'd be a fool not to seek some sort of redress. The apology will be worth its weight in gold however, and the knowledge that this sort of abuse will stop.
    Last edited: Jan 25, 2017
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  19. CampelloChris
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    CampelloChris Well-Known Member

    I don't think so because of this requirement for the marriage to be registered in Britain, and no such register existing. Their insistence upon that is a breach of European Law, but they dug in their heels and refused a request from Solvit, and refused a request from the Defensor del Pueblo.

    Someone in Manila is convinced that we have a marriage of convenience, and of course it is to Manila that the Spanish Foreign Ministry will turn for advice.

    We have never been asked by the Spanish Consulate to provide proof of our relationship - no messenger logs, no photos of us together, no details of our wedding. Their assumption is based on the line of questioning to which they subjected my wife in September 2015 - that being along the lines of proving that we lived together in the Philippines before I moved to Spain, and then sought a via for my wife to join me.

    This is about as accurate as me going into a quiz where they ask me questions about Birkenhead town centre, and because I score 0/20, assume that I am not English as a consequence - and then ignore every shred of evidence that I am able to provide to prove them wrong in their assumption.
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  20. JoshuaTree
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    JoshuaTree Active Member

    Hi Chris, awesome story and updates - pursue them to the end. Just curious on the via Malta part - Melody was in Phils, you were in Spain and you came together via Malta? If there's another thread with your backstory I'd be keen to read it :)

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