geebee1978

Me and my Thai wife want to go to Malta and exercise EU treaty rights. However, Malta doesn't have an embassy in Bangkok and their interests are dealt with by the Austrian embassy. They are being very picky regarding requirements for the Schengen visa compared with the laid back Dutch embassy.

My point is this. Is it feasible to get the Schengen visa from the Netherlands, despite having no intention of going there or could this cause problems when arriving in Malta?

Dukey1

I assume that "very picky" means you actually have to do some work is that it?

Alec

No,you can't get your visa from the Netherlands consulate.

geebee1978

Dukey1....

I don't mind doing "work" if that's what it takes. I what I do mind doing is "work" and paying fees for things that legally I don't have to do simply down to the incompetence of Thai staff at VFS Global. Hope that explains it.

geebee1978

Anyway, I've just emailed the Dutch embassy in Bangkok and they were very helpful. They told me that as my wife is married to an EU/EEA non-Dutch national, we can apply, fast-tracked with no fee and no evidence of itinerary or travel insurance.

They also said it's our prerogative to enter and leave in any Schengen state we choose as itineraries can change all the time.

Thanks for your comments and I hope this clears things for others who may have the same question.

Alec

May be in Bangkok, with special situation of Malta not having diplomatic representation there.
But here in UK, there is no way the Netherlands embassy/consulate will handle applications, from family members of EEA national or not, if NL isn't the main destination or the first arrival point if staying in several states for equal length.

Blueeyedcod

What you're doing sounds dodgy.

You say you're not even going to the Netherlands.

Why are Austria being 'picky' as you call it? I would be wary as they are the 'entry point' for Thai people into Malta. You may get some scrutiny into Malta with a Dutch permission - despite not intending to travel there.

geebee1978

Blueeyedcod...

The problem isn't Austria exactly, its the Thai staff at VFS Global. They are asking for requirements and fees that I know clearly we don't have to pay simply because they are unsure of the law and don't want to "lose face".

As I said, the Dutch (and Finnish just for the record) have said that the Schengen visa is meant to be applied for from the nation you are heading to initially but understand that itineries can change and it's the travelers prerogative.

If it really is an issue, I'll just spend a few nights in Amsterdam first.

geebee1978

Alec.....

Not sure how they'd even know what your first entry point will be. Unlike other applicants, non-EU spouses are not required to show flights or hotel bookings so not sure on what grounds they could refuse.

hetismij2

Surely the no-EU spouse gets an entry stamp in their passport? That would be a bit of a give away.
The Austrian visa site operated by VFS Global has a section for no EU Spouses and tells you what you need. I can't see that it would be any different to any other Schengen countries requirements.

Alec

You still have to give your itinerary, countries to be visited etc.

geebee1978

hetismij.....

It is different in terms that they are insisting in flight bookings - then paid for on collection of visa, hotel bookings, health insurance and worst of all, the Schengen visa fee.

I know full well that these are NOT required for spouses of EU citizens. As I explained before, I don't mind following the law and doing what's required but don't see why I should spend time and money on things I don't need.

geebee1978

Alec....An itinerary is very different to having flights booked and paid for.

Alec

They tell you not to book (and pay for) flights and accommodation until you get your visa, but you still have to show concrete plan, such as cancellable accommodation bookings and proposed flights.