Schengen Visa For Family Member Of An EU Citizen

Schengen Visa For Family Member Of An EU Citizen, Citizens of the European Union member states and their family members are eligible to apply for a Schengen visa to enter Portugal. The applicant should obtain an approval within 90 days after the submission of all required documents.

Family member of an EU citizen can apply for a visa to enter Schengen region countries. The family members are:

The visa requirements for family members of EU / EEA citizens are not always what you think they are. This is why we set out to make our blog list of requirements and other important information for family visa applications as precise as possible to aid your research for your personal situation. We tried to look at it both from the perspective of a regular citizen and also that of someone who is NOT European.

Touriangle is the right stop for you to obtain all the relevant information you need on European spouse Schengen visa, rights of family members of EU citizens, do I need a Schengen visa if I am married to an EU citizen, and so much more. Take out time to surf through our catalog for more information on related topics. You don’t want to miss this!

Schengen Visa For Family Member Of An EU Citizen

According to Schengen regulations, the family members of an EEA citizen, a European Union citizen, need to hold a visa in order to cross the external borders and stay in the Schengen Area, as well as the citizens of Iceland, Liechtenstein, Norway and Switzerland. According to this legal move, any family member (spouses, registered partners and children under twenty-one years old) should apply for EU family permit if they intend to seek entry into any Schengen country.

Family Member Of EU Citizen

Who Is an EU Citizen?

Citizens of the following countries are EU citizens:

Austria	Belgium	Bulgaria
Croatia	Cyprus	Czech Republic
Denmark	Estonia	Finland
France	Germany	Greece
Hungary	Ireland	Italy
Latvia	Lithuania	Luxembourg
Malta	Netherlands	Poland
Portugal	Romania	Slovakia
Slovenia	Spain	Sweden

Note: Although Iceland, Liechtenstein, Norway, and Switzerland are not EU members, they are connected to the European Union through the EEA (European Economic Area) and EFTA (European Free Trade Association). As such, citizens of these countries enjoy the same rights as EU citizens.

General information​

Family members of citizens of the European Union or of the States of the European Economic Area (EEA) or Switzerland are entitled to a preferential free-of-charge visa, provided that they are travelling with the citizen of the European Union, the EEA or Switzerland or are on the way to joining them. 

Nationals of third countries listed in Annex I of Regulation (EU) 2018/1806 require a Schengen visa for stays of up to 90 days (in any 180-day period). 

The following can obtain a visa for family members of a citizen of the Union: 

• The spouse, provided that there has been no annulment or divorce.
  
• The partner registered in a Member State of the European Union or EEA or Switzerland, provided that such registered partnership has not been legally terminated.

• Direct descendants of the Union citizen or of their spouse or registered partner (provided that there has been no annulment or divorce or legal termination of the registration) who are under the age of 21 and above that age if they are dependent or disabled.
  
• Direct relatives in the ascending line of the Union citizen or of their spouse or registered partner (provided that there has been no annulment or divorce or legal termination of their registration) that are their dependants.
  
• Family members other than the above who, in their country of origin, live with the citizen of the Union or are their dependants.
  
• Exceptionally, other family members when serious health grounds or disability strictly require their personal care by the Union citizen.
  
• The unregistered partner, provided that stable cohabitation for a minimum period of one year can be duly attested. When there are children in common, it will be sufficient to ascertain stable cohabitation. 

The visa for family members of a Union citizen entitles the holder to stay in the Schengen area for up to 90 days in any 180-day period. It also allows transit through the territory and airports. 

Family members of Union citizens who wish to remain in Spain beyond 90 days must, once in Spain, submit an application with the competent authorities for a residence card as Union citizen family member. 

The Schengen area encompasses 26 European countries without border controls between them: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Who Is a Family Member of an EU Citizen?

You are considered a close family member of an EU citizen if:

• You are the spouse or registered partner of an EU citizen.
• You are the dependent, unmarried, child (under the age of 21) of an EU citizen.
• You are the parent of an EU citizen who is under the age of 21 and relies on you for support.
• You are the child, grandchild, or another descendant of an EU citizen, and are dependent on the EU citizen because you cannot meet your basic needs.
• You are the parent, grandparent, or another ancestor of an EU citizen, and are dependent on the EU citizen for your basic needs.
• You are the dependent immediate relative (child, parent, etc) of an EU citizen’s spouse.

Requirements to Join a Family Member in the EU

If your family member is legally working and earning income in the EU, then there are no additional requirements to meet, as long as you provide proof of your relationship, and they are capable of financially supporting you.

If your family member is a pensioner/retiree in the EU, they must be able to prove that:

• They can support you financially, without relying on income support.
• You and any other family member will have adequate health insurance.

If your family member is a student in an EU country, you can join them, provided they meet the following criteria:

• They are registered in an approved educational institution
• They can support you financially, without relying on income support.
• You and any other family member will have adequate health insurance.

Schengen Spouse Visa Requirements

Required documents​​

1. Schengen visa application form: Each applicant must complete and sign an official application form, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application. 

2. Photograph: A recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face. Photographs of minors must not show any part of the adult holding them. 

3. Valid, unexpired passport: Original and a photocopy of the page or pages of the passport that contain biometric data. The passport must be valid for at least 3 months beyond the planned departure date from the Schengen territory. It must also contain at least two blank pages. Passports issued more than 10 years ago will not be accepted.  

4. Documents proving family relationship with a citizen of the Union or a State of the European Economic Area or Switzerland: Civil registry certificates (birth or marriage, accordingly), certificate of registration as an unmarried couple or any other document proving that the partnership is analogous to a marital relationship. 

5. In the case of descendants over 21, ascendant relatives or other relatives, documents proving they are in the care of a citizen of the Union or a State of the European Economic Area or Switzerland or, if applicable, their state of health. 

6. Documents proving that the applicant is travelling with a citizen of the Union or a State of the European Economic Area or Switzerland or is on the way to joining them. 

7. Proof of residence in the consular district. 

When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview. 

Only those applications meeting the requirements specified in sections 1, 2 and 3 will be accepted. 

The visa is free of charge, but if it is voluntarily applied for at a Visa Application Centre, a charge equivalent to €15.45 shall apply for services rendered.

Rights Of Family Members Of EU Citizens

As an immediate family member of an EU citizen, you have the right to join your family member in the EU country in which they live. Once you are granted permission, you will enjoy the same rights as your family member, in terms of work, residence, social benefits, access to work and education, and the right to equal pay.

Specific entry requirements will depend on your nationality.

Entering the EU as a Family Member

If you are from a country whose citizens do not need a Schengen visa, you can travel directly to the EU.

If you are from a country whose citizens need a Schengen visa, you must apply for an entry visa, depending on how long you intend to stay in the EU. You must apply for a Schengen visa if you will stay for less than three months, and a national visa if you will stay longer than three months.

Establishing Residency in an EU Country

If you plan to stay in the EU longer than three months, you need a residence permit card. You can apply for a residence card after you enter the EU county where you will live, at the local city hall, an immigration office, or the police authorities.

You need the following documents to apply for a residence card as a family member of an EU citizen:

• You and your EU family member’s valid passports.
• The residence certificate of the EU national family member (or other proof of residing in the EU country).
• Proof of family relationship (e.g. a marriage or birth certificate).
• Proof of being in a long-term relationship, if you are unmarried partners.
• Proof of dependence, if you are the child, grandchild, parent, or grandparent of an EU national.
• Proof you are dependent on the EU national due to health problems, which require someone to take care of you.

The application process for an EU residence card can take up to six months. During this time, you are allowed to stay in the EU, even if your initial entry visa expires.

Working in the EU

As a family member of an EU citizen, you can freely work in the EU country which issued your residence permit card. You do not have to apply for a work permit, and you will be treated in the same way as nationals of that country, in terms of taxes and social security benefits.

You cannot work in the EU if you do not have a residence permit.

Studying in the EU

Once you have your residence permit, you can study in any educational institution in the EU country which issued it. For example, if you have a German residence permit, you can study at any German university or school.

However, to study in another EU country, you must apply for a residence permit for that other country.

Traveling to Another EU country

After you receive your residence card as a family member of an EU citizen, you can freely travel to any other EU country. You can travel as a tourist for up to three months in a six-month period.

Moving to Another EU Country

You cannot use the residence card issued by one EU country to move to another EU country. You will have to apply for a residence card in that country as well (provided that you meet the required conditions). For example, if you are married to a French citizen, and are admitted to a university in Germany, you will have to apply for a German student residence permit.

If you are dependent on your spouse or family member, they may also have to move with you.

Permanent Residence for Family Members of EU Citizens

As a family member of an EU citizen, you can apply for permanent residence after five years of living in the EU country. If you receive a permanent residency card, it will be valid for ten years and is renewed automatically, without you having to meet additional requirements.

Permanent residency grants you more security in an EU country, even if your family situation changes (e.g. you get a divorce).

If the Family Situation Changes

If your family situation changes after you have already obtained permanent residence in the host EU country, then you may still continue to live there. In certain cases, you may also continue to live there even before you obtain permanent residence:

• If your family member dies: If your EU family member dies before you acquire permanent residence, you may continue to stay in the host EU country only if you had already been living there for at least one year prior to their death
• If you get a divorce: If you and your EU spouse divorce before you can obtain permanent residency, you may continue to live in your host EU country only if:
• You had already been living there for at least one year prior to your divorce.
• You and your spouse were married for at least three years before filing for divorce.
• You have custody of your minor children or you have the right of access to them.

Schengen Visa Application

Procedure​ 

This Consular Office is competent to accept visa applications from third-country nationals residing in the consular district who are travelling to Spain as their main destination. 

• Who can apply for a visa: Applications must be submitted in person. If the applicant is a minor, the application must be submitted by their legal representatives. 
• ​Place of submission: Applications can be submitted directly at the Consular Office. An appointment is necessary. 
  
  They can also be submitted in writ​ing at a Visa Application Centre, if so desired. In this case, the charge for services rendered must be paid. Information on how to apply for a visa is available on the following website: https://blsspainvisa​.com/ 

• Visa application period: Visa applications must be submitted between 6 months and 15 days before the scheduled date of travel.
   
• Proof of receipt: When a visa application is submitted, the Consular Office will provide the interested party with proof of receipt of the application with a code that enables them to check the status of the dossier through the following link: https://sutramiteconsular.maec.es/Home.aspx 
• Biometric data capturing: The applicant’s facial image and fingerprints will be captured during the visa application procedure. Applicants under 12 and applicants whose fingerprints have been taken in the last 59 months are exempt from fingerprint taking. However, in the latter case, if the applicant’s prints are of poor quality, the Consular Office will request that they come back in to have their fingerprints retaken. 
• Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision to be reached regarding the application. The applicant may also be called in for a personal interview. 
• Decision period: The legal period for reaching a decision is of 15 calendar days as of the day after the application submission date, but this period may be extended to 45 calendar days if an interview or additional documents are requested. The Consular Office shall process the application on a preferential basis.  
  
  Visa applications submitted by nationals of certain States require consultation with the central authorities that could affect the duration of the visa procedure. 
• Return of passport and other documentation: The Consular Office or Visa Application Centre will inform the applicant regarding the procedure for the return of the passport and any other original documentation.  

• Permission granted by the visa: A visa does not automatically entitle someone to enter the Schengen area. The traveller must meet all legal entry requirements (see section “Conditions for entry into Spain”).
   
• Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based. 
• Appeals: If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within 1 month of the day following the date on which notification of the refusal is received. An application for judicial review may also be filed with the High Court Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal. 

Complaints or suggestions about the service received or about the visa application procedure can be submitted online through this website.  They may also be submitted in writing at this Consular Office.   

Data Protection​​​ 

The processing of personal data of visa applicants is done in accordance with the General Data Protection Regulation. 

Persons wishing to exercise their rights of access, rectification and erasure of their personal data in the Visa Information System (VIS) may do so by addressing the Ministry of Foreign Affairs, the European Union and Cooperation: 

Ministerio de Asuntos Exteriores, Unión Europea y Cooperación
Inspección General de Servicios
Postal address: Plaza de la Provincia, 1, Madrid, España
Email: dpd@maec.es​ 

The following forms may be used to do so: 

• Right of access (Spanish-English version)
• Right to rectification (Spanish-English version)
• Right to erasure (Spanish-English version) 

Persons whose visa application has been refused because they are banned from entering the Schengen area may exercise their rights of access, rectification and erasure of their personal data in the Schengen Information System (SIS) by addressing the Ministry of the Interior. 

To obtain more information on your rights and duties and on how to exercise your rights of access, rectification and erasure of data included in the SIS, please refer to the website of the Spanish Data Protection Agency.