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Spouse of EU citizen travelling to Malta - Questions

Spouse of EU citizen travelling to Malta - Questions

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Old Jun 3rd 2014, 4:49 pm
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Default Spouse of EU citizen travelling to Malta - Questions

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!

- 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)?
- 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?
- 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?
- 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?
- 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)?
- 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?
- What documents, if any, will we need to present on arrival at the Spanish and/or Maltese border(s)?
- 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 " (see link below, page 88) “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, therefore, is your opinion on this?

http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

- 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?
- 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?
- Does our marriage certificate need to be translated to English in order for us to apply for a Schengen visa?
- Do we need to include a covering letter in the application and if so, what sort of information do we need to provide?

Apologies for the long message but if anyone has any advice, that would be great.

Thanks in advance for your time and assistance.

Craig
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Old Jun 5th 2014, 3:37 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Originally Posted by 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!

- 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)?

This is not true. Malta has an honorary consul in Peru and his contact details can be found here http://www.foreign.gov.mt/Default.aspx?MDIS=4772 and here http://embassy-finder.com/malta_in_lima_peru
- 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?

No. The visa rules state that you apply for the visa for the main destination, which in your case would be Malta. Spain would only be a transit country so you should be OK applying from the Maltese consulate in Lima.
- 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?
Not that I can see…

- 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?
This one is a grey area. The likelihood of her receiving a visa is much greater with a return ticket but it isn’t required per se. Besides, flights with return are generally cheaper than one ways anyway, and you can always skip the return, many here on BE have done it. So I would recommend having a return ticket to Peru, yes.
- 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)?

No… She only needs the entry/tourist visa as being described here, then immediately after arrival in Malta you go to Valletta and apply for your eResidence cards, which will grant you, and her, as a family member of an EU citizen, residence. If she applied for a long stay Schengen visa she wouldn’t be going the spousal route and would therefore most likely not get a visa to stay in Malta as we are very stringent on immigrants, and unfortunately the gov has a loophole that kicks non-EU immigrants out after four years so as to avoid them getting permanent residence and eventually Maltese nationality. But that doesn’t happen if she applies under the spousal route/family member of an EU national, as the Maltese gov has to let her stay based on your freedom of movement as long as you are together.
- 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?

No. The Maltese eResidence card once you get it allows for 90 days in every 180 travel in the Schengen area and I believe the UK too but you might want to double check that/have someone else on the forum confirm it.
- What documents, if any, will we need to present on arrival at the Spanish and/or Maltese border(s)?

Passports, wife’s visa, maybe marriage certificate.
- 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 " (see link below, page 88) “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, therefore, is your opinion on this?

http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

There isn’t a spot for it on the visa application, so I’d say no.

- 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?

Whatever length of time the visa is issued for, most likely 90 days... Just to be on the safe side
- 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?
You will eventually need a certified translation for your Maltese eResidence cards, you could get it done at the UK embassy it doesn’t need to be done at a Maltese representative.
- Does our marriage certificate need to be translated to English in order for us to apply for a Schengen visa?
No, but it needs to be for the Maltese eResidence card. You don’t need the marriage certificate to apply for a visa.
- Do we need to include a covering letter in the application and if so, what sort of information do we need to provide?

No

Apologies for the long message but if anyone has any advice, that would be great.

Thanks in advance for your time and assistance.

Craig
No problem Craig, hope you get your immigration sorted and I wish you well on your journey to Malta
Gozit

P.S I responded to your questions in the quote above...
P.P.S here is the link to the visa application and its requirements
http://www.foreign.gov.mt/Library/Vi...8French%29.pdf
http://www.foreign.gov.mt/Default.aspx?MDIS=532

I picked the English/French one rather than the English/Turkish or English/Arabic or English/Chinese ones but they are all the same form.

Last edited by Gozit; Jun 5th 2014 at 3:40 am. Reason: everything got garbled.
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Old Jun 5th 2014, 3:49 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Thanks Gozit, you are a legend! Really appreciate your help.

Come to think of it, I'd seen the honorary consul details before but then I read the "where can third-country nationals apply for a visa" part of the ministry for foreign affairs website (link below). Here it suggests that visa applications must be made at the Austrian embassy. Regardless, I'll drop Dr Eduardo Jose Montenegro Soria an email just in case.

http://www.foreign.gov.mt/Default.aspx?MDIS=4774

Anyway, thanks again
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Old Jun 5th 2014, 2:36 pm
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Originally Posted by foggyhorse
Thanks Gozit, you are a legend! Really appreciate your help.

Come to think of it, I'd seen the honorary consul details before but then I read the "where can third-country nationals apply for a visa" part of the ministry for foreign affairs website (link below). Here it suggests that visa applications must be made at the Austrian embassy. Regardless, I'll drop Dr Eduardo Jose Montenegro Soria an email just in case.

http://www.foreign.gov.mt/Default.aspx?MDIS=4774

Anyway, thanks again

No problem
Oops guess I was wrong there, best ring the hon. consul too and verify if you have to follow Maltese or Austrian schengen visa requirements.
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Old Jan 2nd 2015, 3:20 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Hi guys. Doing the same thing with my filipino wife. And applying at malta embassy Manila for schengen visa for malta.

Anyone who has experience of doing this.

Much appreciated.
Also if your still on here Craig then give us a shout on how you got on.
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Old Jan 2nd 2015, 11:16 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Originally Posted by danny regal
Hi guys. Doing the same thing with my filipino wife. And applying at malta embassy Manila for schengen visa for malta.

Anyone who has experience of doing this.

Much appreciated.
Also if your still on here Craig then give us a shout on how you got on.
Hi Danny,

We got the Schengen visa ok in the end and I am currently writing this from freezing cold Malta. The Austrian embassy were a real pain though and actually threatened to call the police on me as they were (wrongly) insistent that we provide financial information as part of the application. When I refused, they were rude and nasty so I obviously stood my ground, which they didn't like Anyway, it all turned out well in the end. I had EU legislation with me at the time which they refused to actually look at but it must have caused them to back down.

If you have any specific questions, let me know and I'll be happy to help.

Craig
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Old Jan 4th 2015, 5:32 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Hi Craig Just bit worried as only just submitted application to the malta embassy in Manila. And like a fool u have booked non refundable tickets with budgetair for 18jan. So really sweating on it now.
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Old Mar 4th 2015, 2:55 pm
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Hi Craig we are in malta now. Let me know if you are still here. <<<snip>>>. We are living birkirkara

Last edited by Jerseygirl; May 16th 2015 at 1:26 pm. Reason: Removed phone no
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Old May 16th 2015, 4:39 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Hi guys. I hope you don't mind me resurrecting this thread. I'm in a similar situation at the moment with the Austrian Embassy in Jakarta and the consulate here and ready to tear my hair out!

Did your wives travel on type Cs or type Ds when they arrived in Malta? If they were type Cs, did you experience any problems?

We're being told that my wife must get a Type D because it's our intention to settle (perhaps I should have kept my mouth shut). Eitherway, there seems to be no acknowledgement of the EU Directive and thus using a Type D I'm concerned she won't get approved.

Like you Danny, I have booked flights and am getting worried as the days tick by ... Our latest plan is to go on holiday to Spain first etc ....

Kindly let me know what you did.

Cheers.

Matt
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Old May 16th 2015, 10:10 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Hi Matt. You only need to say you are going on holiday and apply schengan visa.
Originally Posted by verymaltesecross
Hi guys. I hope you don't mind me resurrecting this thread. I'm in a similar situation at the moment with the Austrian Embassy in Jakarta and the consulate here and ready to tear my hair out!

Did your wives travel on type Cs or type Ds when they arrived in Malta? If they were type Cs, did you experience any problems?

We're being told that my wife must get a Type D because it's our intention to settle (perhaps I should have kept my mouth shut). Eitherway, there seems to be no acknowledgement of the EU Directive and thus using a Type D I'm concerned she won't get approved.

Like you Danny, I have booked flights and am getting worried as the days tick by ... Our latest plan is to go on holiday to Spain first etc ....

Kindly let me know what you did.

Cheers.

Matt
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Old May 16th 2015, 10:49 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Originally Posted by danny regal
Hi Matt. You only need to say you are going on holiday and apply schengan visa.
Will pm you :-)
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Old May 16th 2015, 10:50 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Originally Posted by verymaltesecross
Will pm you :-)
If you don't mind
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Old May 16th 2015, 10:58 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Ok
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Old May 17th 2015, 12:12 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

^^Yes that is correct, you just apply for a tourist visa and say you are going on holiday, don't mention anything till you get to the Schengen border. But maybe keep the discussion in the thread so that others might see it and it will help them?
Cheers
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Old May 20th 2015, 11:51 am
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Default Re: Spouse of EU citizen travelling to Malta - Questions

Originally Posted by verymaltesecross
If you don't mind
Hi. Did you join the group.
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