Schengen visa question: apply for an “EU Directive” visa?

Dear Rob/Editor,

I am Dutch, my wife is Thai and we have been married for almost 6 years now under Thai law. Two years ago she obtained a Schengen visa for 90 days under the EU Directive 2004/38/ER (free movement of EU Citizens and their spouses); we then flew to Brussels together (and continued by train) and that all went well.

Now I have the following questions. I am currently working in Sweden and my wife and grandson want to come and visit me for no longer than 90 days. I think (tickets have not been bought yet) that they will fly to Amsterdam and I will pick them up there, we will stay in the Netherlands for a few days, and then fly on to Sweden together. I want to apply for another “EU Directive” visa for her at the Swedish embassy in Bangkok, since Sweden is the main destination of the trip.

• Question 1: Can she fly on AMS? and
• 2: Can we first stay in NL for a few days? or
• 3: Is it better to apply for a visa in Belgium again and fly to Brussels and I pick them up there?

For the grandson I have the required additional papers (parent consent, passport, birth certificate) but I suppose I need to apply for a 'regular' 90-day Schengen visa (type C) for him, as I read that the Directive only applies to a spouse, parents and children of hers, not for grandchildren, or am I mistaken?

I think it's easiest to do that at the same embassy as my wife (Sweden or Belgium?). I have already written to the Swedish embassy twice, but they stoically refer me to the website, which does not provide that information.

Shall I write down 'tourist' or better 'visit family' as the grandson's reason for travel?

Dear Peter,

A visa must be applied for through the Member State that is the main destination. Entry and exit is allowed through any Member State. If there is no clear Member State of main destination, the visa must be applied for at the Member State of intended entry.

So the answers are:

1. Yes, AMS is fine.
2. Yes, it can be useful if you can demonstrate or make plausible that the main destination is Sweden. And of course that you form a married couple and travel under the free visa with a minimum of rules that would apply with an ordinary visa.
3. No reasons unless it's more comfortable for you.

4. The Directive applies, inter alia, to “direct relatives in the descending line as well as those of the spouse or partner (as referred to in Article 2(b)) who are under the age of 21 or who are dependents”.

In simple Dutch: the rules apply to all family members under 21, both your children and the grandchildren. The purpose of travel for both your wife and grandchild is therefore: other -> accompanying EU/EEA family member (accompanying EU/EEA family member).

Of course, never buy a ticket before the visa has been issued. For an ordinary visa, a flight reservation is sufficient, for a visa under Directive 2004/38 that is not even a legal requirement, but is of course a small effort and many civil servants are very happy with it.

Sweden knows the rules for the free and easy to issue visa for EU family members under Directive 2004/38, so in principle everything should go smoothly for you.

Yours faithfully,

Rob V