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

Melody met up with Duncan and Donna, a Brit/Filipina couple. Duncan lives down south, on the Costa Del Sol. As soon as he heard that the Spanish required registration of the marriage, Duncan wisely applied to Malta for Donna's visa as he had lived there when younger.

Of course Melody told me about this but I vetoed it, suspecting that they would run into problems either at the Gates of Europe or when they applied for her residence. Neither happened and I was forced to admit I was wrong. But at the suggestion of the Spanish, we applied for the third time to the Spanish Consulate.

We were refused again. Despite Melody and I having an appointment at the British Consulate in Alicante to obtain a Certificate of Recognition of a Foreign Marriage (300 euros), and her visiting her husband, one of the reasons for refusal was that she had not shown just reason for making the visit.

Another was that (despite showing that she had 600 euros in the bank) she didn't show that she had sufficient funds. Another (despite them suggesting that she applied for residency once in Spain), her return to the Philippines could not be guaranteed.

Clearly they were going to continue to refuse us, and were selecting the reasons completely at random.

Although we appealed, we immediately applied to Malta. Bearing in mind that it was the Easter week and that the application had to be couriered to Beijing, Melody had the passport, complete with visa back in her hands within seven days. This is how the Spanish Consulate should have performed their duty.

I had written to the Maltese, saying that I had grown sick of Spain. That part was entirely true. I said that Melody had been refused three times for a visa but because of the requirement for registration, were unable to get her here. That too was true. I said that we were planning to move to Malta and that Melody would need to travel to Spain first, to help me to tie up a few loose ends selling my business before we moved on to Malta for the duration of her visa. This part was not entirely true, or should I say, entirely not true. By not stating how long the loose-end-tying would take us, we explained that we couldn't fix a date for travel to Malta, hence we had only at that stage reserved tickets to Madrid.

Melody went through the motions of collecting the Final Resolution from the Spanish Consulate. They must have wondered why she did it with such good grace and a beaming smile. I wouldn't normally have bothered to ask her, but I needed it as the entire third application was pure gold in that we complied with everything that they asked of us, yet were still refused. Pure gold in that it is this miscarriage of proper procedure in which the European Commission and my lawyer are most interested.

Luckily, after I wrote the Spanish another letter protesting against their refusal, they wrote back stating that it was the interview of September 9th (2nd application) which swayed their opinion, conveniently tying all of our applications in a nice, neat package of incompetence and prejudice on their part.

Having just given power of attorney to our lawyers so that they are able to get our file from Manila, the next step is to compile a damning case against them and write, suggesting what we will settle for out of court. I'm in two minds as to what their response will be. The evidence that we can provide is clear and indefensible, but the Spanish have until now displayed a spectacular level of arrogance, and may insist on the case going to court.

Meanwhile of course, the European Commission is drawing alongside and about to launch a broadside. One way or another, to continue the nautical parlance, they will be scuppered and sunk.

I'd prefer that the European Commission perform the coup de grace on the Spanish because their decision to do so will carry more weight in the future than them losing a court case against us. If they offered to settle out of court with us, and the European Commission were not simultaneously prosecuting them, they could continue to screw with people's lives.

It appears at the moment that one way or another, they will be force to change their ways.

I'll keep you all updated.

I admire your determination Chris, good luck.

Thanks so much Chris for taking time to outline all that. Quite a story! I'm not clear about the entry via Malta part, you asked Melody to apply to Malta, is that a way into Spain then? No need to explain further, I feel I'm asking about Chapter 3 when you've described Chapters 5-12

Personally, I hope there's no settlement and they get publicly shown up in court. And flogged, if that's still an option.

The way you describe their arbitrary approach is encouraging as it seems they've stitched themselves up like the proverbial kipper. Awesome.

Definitely anticipating the next instalment

Malta is one of the 26 EU countries that have officially abolished passport and border controls. Once in a Schengen state, you can travel to any of the other Schengen states by land, sea or air without once needing to show your ID. So Melody arrived in Spain with a visa from Malta, but cleared immigration in France, and nobody batted an eyelid. As soon as she cleared immigration in Charles De Gaulle airport, she was free to travel wherever she liked (as long as she was with me) within the Schengen Zone.



Melody's visa was valid for 90 days, and as long as we had applied for her residence (family member of an EU citizen) before its expiry, she was free to stay. Had we been turned down for her residency, she would have needed to leave (once all available legal challenges had been exhausted).

Her visa expired on August 12th but we had already applied for residency which was granted in September and she picked up the card in late October. The card is valid for five years (as my family member) after which she can apply in her own right for permanent residence. This is granted automatically as long as she is no burden on the Spanish state (or wherever she is living within the Schengen area - hopefully with me!)

Chris, I am wondering whether Spain is treating visa applications from the spouses of (non-Spanish) EU nationals living in Spain as though they were Spanish nationals. It's my understanding that countries are free to impose different criteria for the two types of applicants and often make it more difficult for their own national to import his bride than his British neighbour. Malta certainly does this, it is far more difficult for a Maltese to bring his Filipina bride to Malta than it would be for an Italian, British or Spanish guy who is a Malta resident. You see, I don't think any other Schengen country requires visa applicants related to EU nationals to pass an interview or provide evidence of financial wealth but they do need to state that they are exercising their Treaty Rights.

What a great reply, thanks Chris. All I knew of Schengen was that Jasmin would need one if I wanted to take her to Paris while she was visiting here.
Kind of a massive loophole to just visit a nearby country if it's an easier application for whatever reason. Very odd, and incredibly useful. I'm sure she'll be living with you

Those interviews you describe she went through have left a bit of a mark on me. I'm sure you're making her happy now and it has all paid off. I'll be following your story with a lot of interest. Is that a thirst for blood I notice?

Chris...
Not replied to this thread yet at all (apart from now) as I have nothing useful to offer..
That said,I do very much respect and admire your obstinate nature and obvious pride in getting what you and your spouse are entitled too
In-spite of highly educated and obstinate Bureaucrats that had no intention other than to screw you both into the ground...IMO.
**** them...Let them take you to the largest and most superior courts in the land and then humiliate the bastards with their own laws...
I can see a new test case coming on which hopefully will benefit many others in the years to come!
Well done.

If they had been at all helpful and open about why they were turning us down - If they had been receptive to our explanation - If they had been respectful in their dealings with us - If they had admitted their mistake in processing our application, I might just have let it go, wiped my nose and moved on.

But the sheer arrogance of them, and the knowledge that if I don't call them out on this, they will do it again and again - and try to ruin other people's lives the way they tried to ruin ours - gets me angry. Little things, like making people wait downstairs, outside in the rain or heat, rather than allow applicants to come up and sit in the waiting-room annoy me about the way they treat people. The assumption that I was going to be fobbed off by their lies, and the treatment to which they subjected my wife enrage me. I'm English, and as was discussed on another thread recently, you can push an Englishman only so far, and then you get your just desserts.

I think that we will win the case in the same way that I think that the sun will rise tomorrow. And hopefully as a result, the Spanish will learn a lesson in how to treat foreigners. Hopefully.

And if they had not made your lady cry. That's unforgivable.

That's the Spanish Inquisition for you.

A Further Update.

Our lawyers, having secured power of attorney wrote to the Spanish Consulate in Manila, requesting their file on us.

One month later, right on the time limit for them to respond, they sent three pieces of paper - copies of the resolutions (refusal of application) - the three pieces of paper which they knew we already had, as these were the pieces of paper which they handed to Melody each time when they gave her back her passport.

Our lawyers emailed me thusly;
As I explained to you, we requested the files from the consulate and they have replied only giving us the resolutions because their understanding is that the rest of the files are with us.

Really what they are doing is causing us difficulty so as to avoid us claiming from them any responsibility.

We are considering which course of action to take now given their answer.

We will update you as soon as possible.

I have spoken to the lawyers and suggested to them that with the information we already have, perhaps we could begin proceedings anyway, and asked whether the consulate's non-compliance with providing us with requested information would mean that they could not then use it in court (not that they could possibly have any justification anyway).

I haven't had a reply to that question yet, but on Monday, we meet up with the head honcho of the practice to sign the writ against the Spanish foreign ministry. Very happy to finally begin to get redress for their shenanigans.

I wish you well, Chris. A coupler of months ago you mentioned that the EU was about to fire a broadside: has it done so?

Just reading this - I used to live in Spain/Gibraltar...

Seems like they are asking you to prove you have a "genuine and stable relationship" because you got married in the Philippines and as we all know their marriage certificates aren't worth the paper they are written on.

Are you not able to provide them with evidence of you living together for a year and your Cenomars?

Or are you just trying to make the point that the Spanish Embassy in Manila should just accept your marriage certificate and give you the Schengen visa irrespective or whether they believe your marriage to be genuine or not?

The European Commission have taken up our case - although they can't decide on reimbursement of the expense of the Spanish wrongdoing, hence the parallel litigation through the Spanish courts.

Hi John -

1) The Spanish Foreign Ministry have stated that a locally produced wedding certificate is acceptable as proof of marriage. It is the consular staff in Manila who appear to be prejudiced against our marriage.

As far as proving our marriage, the law details specific steps which the consular staff must follow should they believe the marriage to be one of convenience. There are also specified trigger points (none of which apply to us) which must apply in the case of a MoC. We must also be given the opportunity to counter their accusation.

In short, if they believe us not to have a genuine and stable relationship, there exist protocols which they must follow, and protocols which allow us to prepare a robust appeal - none of which they have done.

2) We never lived together prior to our marriage. Indeed, doesn't it seems strange to you that 'living in sin' would be evidence of you having a 'real' relationship? And wouldn't suggesting that such a thing might be required as proof of a genuine relationship raise suspicions regarding their interpretation of the laws?

Even a cursory reading of the laws on which they claim to rely reveals their misinterpretation. The 'year of living together prior to the application' comes from Royal Decree 987/2015. This law specifically states in its opening paragraph that it refers only to extended family members, and not direct family members such as husbands and wives, children and parents. These direct family members are legislated for in RD240/2007 - the Spanish adoption of 2004/38/EC - which guarantees an entry visa to the Schengen zone for 90 days (except in exceptional circumstances which would threaten national security or health).

It is an addendum to RD240/2007, not a replacement.

The 90-day visa is a right, not something to be granted, and it is with this that they refuse to comply.

3) If the Spanish Consulate staff believe us not to have a genuine marriage, one or more of the following should apply: We were married having never met before. We speak different languages and have made no attempt to learn. We were married simultaneously with other couples. Money changed hands. There are no plans to cohabit. (There are a few more, but none of them apply in our situation)

Then, if they suspect a Marriage of Convenience, the procedure is to explain why they believe the marriage not to be genuine, and invite us to an interview and be given the opportunity to present documentation which would disprove their argument.

I'm not asking for any special treatment from the Spanish. I'm merely demanding that our rights under the European Directive are honoured. In order to obtain an entry visa, Melody was required to provide proof of identity for both of us, (a passport photocopy will suffice if notarised), evidence of the family link (wedding certificate, NSO registered, authenticated, legalised and translated into Spanish) and a letter (notarised) which explains that Melody will accompany or join me (the EU citizen)

No further documentation may be requested. No insistence on the visa being residential or of family reunification can be required. No proof of income, sufficient funds, flight tickets or accommodation details can be requested.

In short, Melody should have been treated as a (de-facto) European citizen, who would not be subject to such requirements.

She wasn't. She was humiliated by them. Called a liar. When I met the consular officer, he refused to look at the copies of the laws I had brought with me to explain where they were wrong. Point blank refused to discuss our situation and gave me no opportunity to refute the allegations.

That's the 'point I'm trying to make'.

Out of interest Chris, is any of this fiasco costing you money, I see you stated that the European Commission had taken up the case that's why I'm wondering?

The European Commission aspect is free of charge. The litigation in Spain will probably end up costing about 2850 euros plus expenses (such as the lawyer travelling to Madrid or Valencia to attend court).

Of course we will be applying for the court to award costs as well as reimbursement of money we wasted making futile applications, plus loss of earnings that Melody could reasonably be expected to have earned here, and maybe something for all the crap they put us through along the way.

I'm not overly concerned about damages and mental anguish and all that stuff. I'm not even bothered about the loss of earnings. But I have done everything they asked/everything that was required in law and spent around 4,000 making the applications, and maybe 3,500 in legal costs. That, I want back.

But I want them firstly, to apologise to us, and secondly, not to put other couples through this prejudiced and bigoted kangaroo court from within their ivory tower in Makati. Deciding that we have a Marriage of Convenience is one thing. Denying us the right to prove otherwise was appalling.

Hmmm... seems you are not alone:

http://schengenjustice.blogspot.com/2012/10/justice-for-schenge-visa-applicants.html

Chris -- it's an incredible journey and I wish you and Melody success in obtaining justice and a positive outcome

We've all suffered the intense frustrations of dealing with officialdom and dead-hand bureaucracy.... It's hellish and soul-destroying...but your story is off the radar!

Best of British.

Gerry