Spanish Consulate in Lima refusing to issue a Schengen Visa!

Answers to your qestions about moving to, and living in, Peru,
User avatar
chelsearob77
Gold Member
Gold Member
Posts: 145
Joined: Thu Jun 06, 2013 6:56 am
Location: Carlow, Ireland
Contact:

Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby chelsearob77 » Tue Mar 31, 2015 6:07 pm

Me & my wife visited The Spanish Consulate here in Lima today to apply for a Schengen Visa for her when we will be flying to Ireland in June via Madrid & they refused to accept our Peruvian marriage certificate (which has an apostille) it doesn't need to be translated as it is already in Spanish, but they told my wife that for them to accept it I would need to register our marriage with the British government, get a certificate from the British embassy here in Lima & then get it officially translated into Spanish! apart from all this being a pain we can do without, The British government no longer accepts foreign marriage registrations!

So basically the Spanish Embassy here in Peru won't issue my wife a Schengen Visa! as according to them the Spanish government can't & won't accept our marriage certificate even with an apostille! as the Spanish government doesn't recognize marriages here in Peru (even though Spain has meant to have a mutual agreement with Peru & all the other Latin American countries & Spain is also listed as one the members for Hauge Convention & accepts Apostilles!)


My wife even quoted them From the Directive 2004/38/EC, Article 5.2 (Right of Entry relating to non EU Family members)

Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.

MemberStates shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.


their response to this was they have their own rules & that EU Law has nothing to do with them!

They also warned my wife if she flies to Madrid without a Schengen Visa the Spanish authorities will deport her back to Peru regardless of the fact she has a valid Irish Visa! (which the Irish embassy had no issues accepting our marriage certificate with the Hauge Convention Apostille stamp on it)

I have since made a complaint to the European Commission regarding the Spanish Embassy here in Lima refusing to accept our marriage certificate with an Hauge Convention Apostille & denying my wife her rights to be issued this visa as the family member of an EU Citizen!


User avatar
gringolandia
Gold Member
Gold Member
Posts: 308
Joined: Mon Jan 07, 2013 5:34 pm

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby gringolandia » Tue Mar 31, 2015 7:11 pm

From what you wrote it sounds like your wife is clearly entitled to a Schengen visa. Any idea why the Spanish consulate is being so obstinate? I'm curious what their motivation might be.
User avatar
chelsearob77
Gold Member
Gold Member
Posts: 145
Joined: Thu Jun 06, 2013 6:56 am
Location: Carlow, Ireland
Contact:

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby chelsearob77 » Tue Mar 31, 2015 7:27 pm

gringolandia wrote:From what you wrote it sounds like your wife is clearly entitled to a Schengen visa. Any idea why the Spanish consulate is being so obstinate? I'm curious what their motivation might be.


They claim that a Peruvian marriage certificate even with an apostille is not recognized by the Spanish authorities!

Like I said I have reported their refusal to issue my wife a Schengen Visa (which she is entitled to under EU Law as the spouse of an EU Citizen) to the European Commision!

I'm sure once they get in contact with the Spanish Consulate here, the Spanish Consulate will be bending over backwards to issue my wifes Schengen Visa...
User avatar
fanning
Gold Member
Gold Member
Posts: 1418
Joined: Sun Aug 17, 2008 8:01 pm
Location: Lima

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby fanning » Tue Mar 31, 2015 8:16 pm

Sorry to hear. The law you quote doesn't really seem to do with your situation. The law you quote seems to apply to spouses of EU citizens who live in that EU country with a valid residence card are exempt from further visa requirements to visit other EU countries.

In your case the embassy doesn't even recognize that you are married in the first place, and she doesn't have any residence in another EU country.

Can your wife not apply for a transit visa or a visa by herself. Not necessarily every tourist from Peru has to be married with a EU citizen.

How are you registered with your British government ? Married, or single ? It wouldn't be a weird requirement from a European country that a EU citizen regularizes their married status, surely the UK has some sort of system in place to allow foreign marriages of their nationals to regularize their married status.
User avatar
chelsearob77
Gold Member
Gold Member
Posts: 145
Joined: Thu Jun 06, 2013 6:56 am
Location: Carlow, Ireland
Contact:

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby chelsearob77 » Wed Apr 01, 2015 9:22 am

Your Europe Advise emailed me this morning saying this:

Dear Mr. Thompson,

Thank you for your enquiry to the Your Europe Advice service.
It is not necessary that you register your marriage with the British authorities. The Spanish authorities appear to be in breach of EU law in insisting that you should register your marriage in the UK. Marriages validly contracted anywhere in the world must be in principle recognized under EU law and for the purpose of entry into Member States of the EU for the purpose of Directive 2004/38/EC.
You are correct that as the wife of a British national, your wife s visa should be granted to her without charge or delay or formality (Article 5(2), Directive 2004/38/EC).
Even if your wife were to fly to Madrid without a visa, she should not automatically be deported to Peru but should be given the opportunity to prove her right to enter Spain with you pursuant to Article 5(4), Directive 2004/38/EC although this is a route we would not recommend.

Further to the reply to your enquiry and following your agreement on the enquiry form your case was forwarded to SOLVIT. This is an on-line problem solving network in which EU Member States work together to solve without legal proceedings problems caused by the misapplication of EU law by public authorities.

I also reported the matter to The European Commission so I am optimistic they will solve this error on the Spanish Consulate here in Lima's part...
panman
Gold Member
Gold Member
Posts: 900
Joined: Mon Oct 29, 2012 12:05 pm

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby panman » Thu Apr 02, 2015 9:32 am

You can apply for a Shengen visa from any member country, and then use it to travel to any other member country.
Example. When my wife and I went to England, we had no fixed plans other than visiting my mother, but did think we might venture into Europe. For that reason we applied for a Schengen visa at the German embassy and it was issued in a matter of days free of charge. With the German visa we then went on to visit Rome.
User avatar
chelsearob77
Gold Member
Gold Member
Posts: 145
Joined: Thu Jun 06, 2013 6:56 am
Location: Carlow, Ireland
Contact:

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby chelsearob77 » Fri Apr 10, 2015 9:57 am

panman wrote:You can apply for a Shengen visa from any member country, and then use it to travel to any other member country.
Example. When my wife and I went to England, we had no fixed plans other than visiting my mother, but did think we might venture into Europe. For that reason we applied for a Schengen visa at the German embassy and it was issued in a matter of days free of charge. With the German visa we then went on to visit Rome.


Yes we could do that, but it's knowing what embassy here in Lima won't give us the same kind of hassle the Spanish embassy did?

I've since had replies from the European Commision & it looks like they are going to make the Spanish embassy here in Lima issue my wifes Schengen Visa as we have all the correct documentation required under EU Law!
User avatar
chelsearob77
Gold Member
Gold Member
Posts: 145
Joined: Thu Jun 06, 2013 6:56 am
Location: Carlow, Ireland
Contact:

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby chelsearob77 » Fri Apr 10, 2015 3:45 pm

panman wrote:You can apply for a Shengen visa from any member country, and then use it to travel to any other member country.
Example. When my wife and I went to England, we had no fixed plans other than visiting my mother, but did think we might venture into Europe. For that reason we applied for a Schengen visa at the German embassy and it was issued in a matter of days free of charge. With the German visa we then went on to visit Rome.


I've been looking on the other Schengen countries embassies websites here in Lima, & they state that a Schengen Visa needs to be applied for at the embassy of the country the applicant will be entering, As Spain will be the only Schengen country we will be entering then the Spanish embassy is the only embassy that will be able to issue my wife a Schengen Visa!
Spearhawk
Member
Member
Posts: 18
Joined: Sun Jun 29, 2014 4:11 pm

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby Spearhawk » Sat Apr 25, 2015 3:53 pm

In 2015 the Visa requirements for Tourists from Peru to Shengen is lifted, they are working on it as we speak.
User avatar
JanD
Gold Member
Gold Member
Posts: 325
Joined: Thu Apr 24, 2008 6:12 am
Location: Miraflores/Lima

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby JanD » Mon Apr 27, 2015 5:28 pm

In 2015 the Visa requirements for Tourists from Peru to Shengen is lifted, they are working on it as we speak.


I hear this already for the last couple of years, but sofar nothing.
So I really wonder when this will be efectuated.
mammamia
Gold Member
Gold Member
Posts: 307
Joined: Tue Jul 23, 2013 5:49 pm

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby mammamia » Mon Apr 27, 2015 6:16 pm

JanD wrote:
In 2015 the Visa requirements for Tourists from Peru to Shengen is lifted, they are working on it as we speak.


I hear this already for the last couple of years, but sofar nothing.
So I really wonder when this will be efectuated.


As soon as they switch to biometric passports. At migraciones they say it's a matter of a couple of months. But we know what it might mean in Peru: maybe a year or so. Hopefully, less than that...
sasha_art
Member
Member
Posts: 13
Joined: Sun Jul 04, 2010 6:22 am

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby sasha_art » Tue Apr 28, 2015 8:47 am

teamoperu
Gold Member
Gold Member
Posts: 1709
Joined: Thu Mar 18, 2010 10:07 am

Re: Spanish Consulate in Lima refusing to issue a Schengen Visa!

Postby teamoperu » Tue Apr 28, 2015 8:59 am



In that link: ""Currently, we are awaiting the mandate of the Council of the European Union for the start of negotiations that will define the immigration and consular guidelines, in addition to technical requirements, such as the implementation of electronic or biometric passports," said Sanchez."

Return to “Expat Information”

cron

Login  •  Register