UK Citizen and Moroccan Wife

Hi All,

I applied for a Join Spouse visa to go to Ireland 2 weeks ago in order to avail the Surinder Singh route. I am a British Citizen and my wife is Moroccan.

I received a letter back from the Visa Office in Abu Dhabi today saying the visa has been refused for the following reasons;

1) You have not provided documentary evidence to show that you are exercising your EU Treaty Rights
2) You have not submitted a copy of your flight tickets and flight tickets of your husband for the same date
3) You have not submitted a copy of your hotel details that correspond to your flight dates

I applied under the 2004/38/EC Freedom of Movement Directive, i'm now very confused on why they rejected the visa and if they have valid grounds in rejecting it.

I am kindly asking for any advice on this and whether I should appeal the decision or apply for a visa to go to another country in order to proceed with the Surinder Singh route.

Appreciate any feedback

I would appreciate any response on this.

Thanks.

Hi,
My husbands visa was also refused last week on the same grounds. Its a clear breach of your treaty right and I think you should appeal. We have appealled my husbands refusal. I pasted a copy of the appeal letter my husband sent to the embassy on the forum.

As you will be in or initial 3 months of residence they cannot ask you for evidence of accommodation, some of the visa officers don't fully understand the requirements of the directives.

Check on INIS website, there's a guideline for visa officers provided by the Irish government. I think s.4.5(c) is also relevant to you and your spouse.

Hi,
This is the link to the appeal letter we sent to the embassy. Hope it u find it helpful

http://www.immigrationboards.com/irelan ... 73947.html

Thanks for your response, I have already prepared my appeal and provided Hotel Booking, Flight Ticket copies and a 4 page letter stating why the visa office are breaching the terms of the Directive.

I will be sending it to the Visa Office in Abu Dhabi tomorrow and hope the visa will now be processed.

I have also contacted SOLVIT as this is a clear breach of EU Law;

This is the response:

Good morning Mr Nassir

I am responding to your complaint to SOLVIT about the refusal decision issued in respect of your wife’s EU visa application. In line with Article 3 and Article 6 of Directive 2004/38/EC, an applicant needs to present only evidence of her identity, her relationship to an EU national and evidence that she travels with the EU national, or to join him as he already resides in the host Member State. Your spouse has no right to enter a Member State unless she is travelling with you or to join you there, and Member States are entitled to ensure that this condition is met by the supporting documents to the application. It would be excessive to require hotel reservations in addition to flight details, but it is not clear from your statement that any evidence was presented to demonstrate travel together, in order to pursue a complaint that the decision is a breach of EU legislation.

You have advised that you have made an appeal of the decision, presenting the evidence of travel together at this time. We are not able to intervene in the appeal process, but hope that you will now receive a favourable decision. Should you consider that the outcome of the appeal does not comply with the Directive, you can forward to me the details for my consideration.

Regards

UK SOLVIT Centre

Visa has been granted this morning!

Thank you for all of your help

Hi,
My husband and I are still waiting to hear back from the embassy about our appeal. Did they contact you by phone or email and did ur wife send her passport with the appeal letter. It's been two weeks now since we appealed

hello AmeenNassir

me too im going to apply for a Join Spouse visa to go to Ireland under the Surinder Singh route.im moroccan and my wife is british citizen ;

can you tell me plz the documents your wife took to the irish embassy in morocco bcz i'm confused .

thats all the documents i have now .:

1 original passport
2 mariage cetificate original and in english
3 two passport sized photos
4 letter supporting
5 application form
6 my wife and son´s passports

i really need your Advice
thank you so much