Reader question: Where should I apply for a Schengen visa?

In principle, the visa under Regulation 2004/38/EC applies to official, immediate family members. Other family members can also request to be treated as such. In my example, I assumed the simplest scenario: a married couple.

Further details can be found on the supplied EU website and the EU embassy in question. You should read this carefully if you want to apply for such a free, fast and minimum documentation "family member of a citizen of the Union" visa.

On the EU site it says about this visa for non-EU family members:
“If you are an EU citizen, your family members who are not EU citizens themselves can travel with you to another EU country. (…) Your spouse, (grand)children or (grand)parents from outside the EU do not need to apply for a visa in the following cases: (…) Also the partner with whom you officially live together, and other non-EU family members (uncles, aunts, cousins, etc.) can apply for official recognition as family members of an EU citizen in your EU country. Please note that EU countries are not obliged to grant such a request, but they must consider it”

If you want to know the exact size of the stocking, read the regulation:
http://eur-lex.europa.eu/legal-content/NL/TXT/?uri=CELEX%3A32004L0038

The definition of “family member of a citizen of the Union” is set out in Article 2(2).
” Article 2.2) “family member”:
a) the husband;
(b) the partner with whom the Union citizen, in accordance with the law of a Member State,
state has entered into a registered partnership, insofar as the legislation of the
host country equates registered partnership with marriage and the conditions of
the legislation of the host country is met;
c) direct blood relatives in the descending line as well as those of the spouse or
partner as referred to under b), under the age of 21 or who are dependents;
d) direct blood relatives in the ascending line, as well as those of the spouse or
partner as referred to in point b), who are dependent on them;”

If Gerrie's friend were married to this Thai lady, she would be his relative (see article 2). Because they go to a different (!) Member State than the country of which this man has the nationality, she is a beneficiary (see Article 3). Articles 5 and 6 then contain the regulations regarding the right of entry and right of residence for a short period of time (up to 3 months).

The EU route has also been built on this, so that EU nationals such as Belgians and Dutch can still have their marriage partner come over to the EU if this does not work out under their own national rules. The EU citizen must then migrate to another EU country because only then will he be eligible. Broken families (families) can then still claim the right to be together. Of course there are some restrictions, for example the celebration of the right to reunification will not take place if someone is a threat to public order.

However, Gerrie's friend is not married to her, so they are not in principle not eligible for such a free, relaxed procedure for short or long stay.

But just like with a normal application, always consult official sources thoroughly and carefully, starting with the embassy in question. Then someone can check very precisely whether the person in question must comply and which rules apply. Good preparation is extremely important. For regular applications there is a good Schengen file here at TB. This is also a guideline and cannot cover 100% of the situations. So consult official sources at all times and, in very special cases, legal experts where necessary.