Non-EU spouse LLR visa-free travel to spain with UK spouse

[EUsmileWEallsmile]

I have since managed to get an appointment with the Maltese embassy on 31st May and without too much hassle (but some expense) can rearrange our flights so that we fly into Malta on 8th

Sorry for not picking this up sooner, but have you checked with the Maltese that they can turnaround a visa in this time? It is possible, but it is short. Do they close 4 / 5 for Her Majesty's Jubilee and associated public hols? It's worth checking with them.

[cleebee]

I have since managed to get an appointment with the Maltese embassy on 31st May and without too much hassle (but some expense) can rearrange our flights so that we fly into Malta on 8th

Sorry for not picking this up sooner, but have you checked with the Maltese that they can turnaround a visa in this time? It is possible, but it is short. Do they close 4 / 5 for Her Majesty's Jubilee and associated public hols? It's worth checking with them.

I did explain this in my email to them so I sincerely hope so as I have now re-booked our flights to go to malta... this is just so complicated. I can see it now, i'll loose the money i've just spent, plus the cost of the original flights, hotel cancellations and we wont have made it to Madrid in time to see my sister...

I'd forgotten about the bank holidays. our appointment is on 31st so we have that day, friday 1st, 6th, 7th then go on the 8th... it's cutting it fine to say the least.... regretting changing our easyjet flights now (at a cost of around £180

what a nightmare. thankfully this is a one-off cost.

[ca.funke]

YourEurope writes stuff like that? Ouch!

Much as one might not like the advice, I believe it may be correct.

I think their advice is not correct:

You have to look at part 2 "EEA family member without Residence Card" within the following post:

http://www.immigrationboards.com/viewtopic.php?t=95372

What I´d write now anyway, answers the follwoing:

(...)This equivalence does not apply to residence permits issued by the United Kingdom and Ireland, since they do not apply the Schengen acquis.

This is consistent and correct. Your spouse does not hold an article 10 residence card, but a permit issued under the UK immigration rules. The UK chose not to enter and enjoy the benefits of Schengen.

There is a difference between Residence Permits (issued to third country nationals under domestic rules) and Residence Cards (issued to third country family members of EU citizens under EU rules).

While a "article 10 residence card" makes entry easier for an EEA-family-member, it is still legal to enter without said card

All explained in the post:
http://www.immigrationboards.com/viewtopic.php?t=95372

So while the OP has no residence-card according to "EEA family member Residence Card holder (Part 1)", he is still legallly allowed to enter as per "EEA family member without Residence Card (Part 2)".

As you can also see in the thread, this version may not work out sometimes, as such it´s always easier with a visa. However I wouldn´t hesitate going without one.

If you do want to apply for a visa, there is no need to worry about anything. Since the OP is a family-member of an EEA national, the visa should be issued without asking for any details (flights, hotels, whatever). As such I´d just apply whichever embassy is deemed the easiest, and (rightfully) refuse to answer silly questions, pointing to the law.

You can then enter with a Maltese/Portugese/Spanish/French visa whereever you like...

[EUsmileWEallsmile]

I did explain this in my email...

I really hope it works out for you.

[EUsmileWEallsmile]

]

While a "article 10 residence card" makes entry easier for an EEA-family-member, it is still legal to enter without said card :!:

I completely agree that it is legal to make an entry without the required documentation (article 5.4). The practical problem may be getting on a plane and then to a border crossing.

The train method from the UK appears to let one reach a border without boarding a plane.