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Spouse of EU citizen travelling to Malta - Questions

Last activity 10 June 2014 by Spiridonov

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foggyhorse

Hello everyone, long time lurker but first time poster so go easy on me! I have some questions regarding how my wife and I need to go about applying for a Schengen visa for her to accompany me to Malta. Apologies if this is covered elsewhere but I could find no post that provided all the answers I am seeking....

In short, I am a British citizen temporarily living in Peru with my Peruvian wife. We are planning to move to Malta in August of this year and would like to better understand what is required for her to obtain a Schengen visa as the spouse of an EU citizen. We are intending to settle in Malta and as such, I intend to exercise my right of free movement in accordance with Directive 2004/38/EC of the European Parliament. My wife will travel with me on all stages of the journey to Malta.

If anyone could help answer some, if not all, of the following questions, I will be eternally grateful!

1) We are both currently in Lima, Peru. However, Malta does not have direct representation here and instead, is represented by the Austrian Embassy. Does her application for a Schengen visa therefore need to be made in accordance with Austrian requirements for the issuance of such visas, or in accordance with Maltese requirements (if, indeed, they differ)?

2) As there are no direct flights from Lima to Malta, we are intending to first fly to Madrid and then from Madrid to Malta. I assume that by applying for a Schengen visa to the Austrian embassy that represents Malta in Peru, there would be no problems with us entering Madrid on this visa?

3) Do I need to buy airline tickets before applying for the Schengen visa or can I apply for the Schengen visa before I book my tickets?

4) Is there a requirement for the issuance of a Schengen visa that my wife must have a return ticket to Peru even though we plan to settle in Malta indefinitely? Do I similarly need to provide proof of a return ticket to somewhere outside of the Schengen zone? If not, will we encounter problems if travelling to Malta on one-way tickets?

5) As we are looking to settle in Malta, does my wife need to apply for a long stay Schengen visa (i.e. one that would permit her to stay in Malta with me for more than three months)?

6) Eventually, we would like to make a couple of short trips from Malta to other countries in the Schengen zone. Does my wife therefore need to apply for a multiple entry Schengen visa?

7) What documents, if any, will we need to present on arrival at the Spanish and/or Maltese border(s)?

8) Having already contacted the Austrian embassy here in Lima, we have been told that my wife needs to provide personal financial accreditation/employment record, travel insurance valid for the Schengen territory and duration of travel visa, as well as proof of accommodation in Malta. I believe this to be incorrect as according to the "Handbook for the processing of visa applications and the modification of issued visas Additional documents may not be required regarding the purpose of travel and means of subsistence (e.g. proof of accommodation, proof of cost of travelling) What is the reality here?

9) If my wife is required to have travel insurance for the Schengen zone and given the fact that we intend to remain in Malta indefinitely, for what length of time should we purchase cover?

10) As we got married here in Peru, our marriage certificate is in Spanish. I assume that we will need an apostille for this. Could we get this done at the UK embassy in Lima, or does this need to be done by a Maltese representative in Peru?

11) Does our marriage certificate need to be translated to English in order for us to apply for a Schengen visa?

12) Do we need to include a covering letter in the application and if so, what sort of information do we need to provide?

ricky

Hi,

a few answers:

1) A Schengen visa is uniform so there are no different Austrian requirements.
2) No
3) ? in your case I don't think so but should ask Austrian Embassy.
4) ?
5) No. When you are in Malta you register for residency and apply for your wife at the same time.
6) No
7) Passports and Schengen visa ( marriage certificate is always advisable too)
8 ) If the Austrians ask for them that is the reality -))) You will certainly need travel/health insurance valid in all Schengen countries . Do you want to argue with them ? Your wife has no Rights in the EU on her own and none through you until you arrive in the EU.
9) Purchase travel insurance for 3 months. You will need health insurance coverage for yourself and for your wife to apply for residency. It is probably cheaper and better to get that through a Maltese company when you are here and before applying for residency.
10) All documents need to be translated into English and certified by an official authorized to do this.
11) Yes
12) ?

All in all it should not be a big deal to obtain the Schengen visa for your wife.

Cheers
Ricky

foggyhorse

Hi Ricky,

Good to "meet" you, albeit virtually, and thanks for taking the time to reply. Really appreciate it.

Regarding question 4, perhaps I worded things badly, but I was wondering if my wife might encounter problems boarding the plane if she is only in possession of a one-way ticket to Madrid and after that, a one-way ticket from Madrid to Malta. I know some airlines are not clued up on the EU free movement directive and could potentially cause problems. We are toying with buying return tickets with the aim of cancelling the return portions on arrival in Malta (if cancellation policies allow this). As I am an EU citizen, I'll obviously only buy a one-way ticket.

Regarding question 8. Nope, I don't want to argue with them. I want an easy life! I'll happily buy travel insurance if needs be - I just want to be clear on everything before getting started.

Regarding question 12. I was wondering if we needed to include a letter that states why we're going and for what purposes whilst also reiterating the requirements of EU free movement and how it related to non-EU spouses. Seems as though most people do include one of these so I think I will do likewise.

Thanks again for your help!

Craig

ricky

Hi Craig,

it will probably not be the airline looking for return flight tickets but if , then it will be the visa issuing embassy ie the Austrian. The airline will want to see the passport and Schengen visa of your wife .

But as you are an EU citizen accompanied by your wife and do not have to show that you intend to leave the Schengen area there should be no need to book and pay one. MIght be good to write a cover letter that states your intentions .

What did the Austrian Embassy say about this question?

Cheers
Ricky

foggyhorse

Hi Ricky,

I've not yet asked the Austrian Embassy that question but I am planning to email them later today. However, I am not holding out much hope of them telling me anything of any use. When I first emailed them, they told me we needed to pay for a Schengen visa (wrong). Now they are telling me that my wife must provide proof of her financial history and tell them where she will be staying in Malta (wrong again).

I will also email the airlines we are planning to travel with and see what their position is, just in case.

Cheers,

Craig

Spiridonov

Small updates.

6) Yes, if you want to travel before your wife receive residence permit in Malta. But most Schengen visas are issued as multi- by default
10) It doesn't make sense to certify your marriage in UK embassy. Actually, the document issued in Peru, should be translated in English and got the apostille in Ministry of Foreign Affairs in Peru, or certified in Peru embassy in Malta. All other type of 'certifications' are not actually legalization of the documents.

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