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I'm a British citizen and my wife is Filipina. She received a visa so that she can come and join me in Spain and live here with me, as is her right as the spouse of an EU citizen.

She made it clear in her application that she was applying for a visa for residence but the visa she was given is a Type C Schengen Visa. From what I can see this is a short-term visa and she would need a Type D for residence.

I know that it doesn't matter once she's in the country as she can apply for her Resident's Card but I'm worried that they're not going to let her fly or enter at the border with a Type C visa if she doesn't have proof that she's returning to the Philippines after 90 days.

I contacted the embassy when she was first issued the visa and they confirmed it was the correct type. However, she was advised by the Commission on Filipinos Overseas (basically the Filipino government agency for people who are emigrating) that it was a tourist visa and she was unlikely to be able to enter Spain without providing proof of return flights and all that. I contacted the embassy again to triple check and they again confirmed that she had the right visa type, but really I'm not sure I trust what they say as they messed us around a bit with her visa application and didn't follow the law properly.

Is this normal for a visa for family reunification for the spouse of an EU citizen? Is it possible she'll have any problems flying on a Type C visa when she isn't intending to return after 90 days?

Any help or advice with would be much appreciated.

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    Does the visa say that it was issued to her as the family member of an EU citizen? If so, then it is evidence of her right to travel under directive 2004/38/EC, and as long as she travels with you, or travels to join you, she cannot be denied entry except under very limited circumstances (namely, on grounds of public health, public safety, or public policy). If she is acknowledged to fall under the directive, then it matters not one bit whether the visa is a C or D visa, or anything else. – phoog Nov 16 '16 at 20:37
  • It doesn't say that. It was certainly issued as the family member of an EU citizen as it was free of charge (as it should be) and the big point of contention when applying was their recognizing our marriage certificate. It doesn't say it on the visa though. The only note in the observations section is 'Estancia', which I believe means 'Stay'. – Adam Lazarus Nov 16 '16 at 20:47
  • The "stay" bit obviously helps, but what you should really do is have her carry your marriage certificate with her, along with any other documents you submitted when applying for the visa. Her right to be in Spain with you is actually independent of any visa or other document, based solely on your EU citizenship and her marriage to you. With that evidence, she could not be denied entry even if she did not have a visa. – phoog Nov 16 '16 at 21:28
  • The plan definitely is to have her carry everything she used when applying for the visa. I know she has the right to be in Spain completely and I'm not worried about her right to stay once she arrives here, I'm mostly just concerned that perhaps the airline won't allow her to fly if they see she has a short-term visa with no return flight or something like that. You and I know she has the right to be in Spain regardless of visa type but maybe they don't. – Adam Lazarus Nov 16 '16 at 21:31
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    I've been looking in TIMATIC, the system airlines use to check these things, and based on that it seems you are right to be worried. I would fly on a European airline if possible. I won't post an answer because I don't have personal experience with this; I hope someone who does will answer soon. – phoog Nov 16 '16 at 21:53

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