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Directive 2004/38/ec reason of refusal

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ali_
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Poland

Can i apply eu directive in my home country?

Post by ali_ » Sun Oct 21, 2018 12:33 pm

Hello, i have been working in the uk two years before and then i moved back to my home country poland.
My question is this that can i use eu directive 2004/38 to bring my non eu spouce to my home country?

secret.simon
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Re: Can i apply eu directive in my home country?

Post by secret.simon » Sun Oct 21, 2018 4:18 pm

Yes, if your non-EEA citizen spouse lived with you in the UK while you exercised treaty rights in the UK, then you can return with the non-EEA citizen spouse to your home country with him/her.

No, the non-EEA citizen spouse did not live with you in the UK while you exercised treaty rights in the UK.

In order for you to apply under the Surinder Singh route (which, by the way, is not a part of the EU Directive 2004/38/EC), family life must be created or strengthened while you exercised treaty rights in an EEA member-state of which you were not a citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ali_
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Poland

Re: Can i apply eu directive in my home country?

Post by ali_ » Mon Oct 22, 2018 4:33 pm

Hello, well i will repeat my question. When applying visa under the directive you can join or accompany your spouse to any eu country other than your home country. If you want to apply in your home country the directive will only apply to you if you have exercised your rights in any other eu country in the past. Well i worked two years ago in the uk for long time then i moved back to my country. Now can my spouse apply visa to join me in my home country under the directive.? Does the directive covers me in my home country in case i have exercised my eu treaty rights in the past?

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Casa
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Re: Can i apply eu directive in my home country?

Post by Casa » Mon Oct 22, 2018 4:36 pm

secret.simon wrote:
Sun Oct 21, 2018 4:18 pm

No, the non-EEA citizen spouse did not live with you in the UK while you exercised treaty rights in the UK.I
Did your spouse live with you in the UK :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Can i apply eu directive in my home country?

Post by secret.simon » Mon Oct 22, 2018 5:56 pm

ali_ wrote:
Mon Oct 22, 2018 4:33 pm
If you want to apply in your home country the directive will only apply to you if you have exercised your rights in any other eu country in the past.
AND your non-EEA citizen spouse lived with you in the other EEA member-state.

There are two conditions that need to be met for your spouse to come with you to your country of citizenship.
a) that you exercised treaty rights in another EEA member-state AND
b) that your family member (such as your non-EEA spouse) lived with you in that EEA member-state

Both conditions (you exercising treaty rights AND your non-EEA citizen spouse living with you) need to occur together for the route to work.

If you exercised treaty rights in the UK and during that time your non-EEA citizen spouse did not live with you, then the Surinder Singh route (again, it is not in the Directive) does not apply.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ali_
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Poland

Re: Can i apply eu directive in my home country?

Post by ali_ » Tue Oct 23, 2018 5:54 am

Yes, my then partner lived with me in the uk at that time when i was exercising my treaty rights,

secret.simon
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Re: Can i apply eu directive in my home country?

Post by secret.simon » Tue Oct 23, 2018 6:24 pm

ali_ wrote:
Tue Oct 23, 2018 5:54 am
Yes, my then partner lived with me in the uk at that time when i was exercising my treaty rights,
If you were not married at the time you were exercising treaty rights in the UK, that would complicate matters.

Unmarried partners do not have the same rights under EU law that spouses/married couples have.

While your partner was resident in the UK with you, was s/he issued with a Family Permit/Residence Card under the UK EEA Regulations?

Even if it were, I am not sure that the EU law's Surinder Singh route would apply. You would be better off applying for your spouse to join you in Poland under Polish legislation.

Alternatively, live in another EEA member-state of which you are not a citizen with your spouse while you exercise treaty rights there and then move back to Poland under the Surinder Singh route.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ali_
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Poland

Re: Can i apply eu directive in my home country?

Post by ali_ » Thu Oct 25, 2018 8:13 am

My spouse is going to apply a family visit to me in poland as polish embassy don’t have any spouse visa or family reunification visa, after being told by the embassy that we should apply for a private visit.
My question is again here that is it possible in covering letter I mention about eu directive as well. ? Will it help in getting a positive decision?

ali_
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Poland

Poland visa refused unfair

Post by ali_ » Thu Nov 29, 2018 10:54 am

hello,
my Pakistani husband applied in polish embassy in islamabad fro visa to be reunified with family and also under the eu directive as i have been working in uk in the past. which is refused yesterday saying intention to leave the territory does not ascertained and intention for stay is not reliable, we have attached marraige certificated attested and legalised from both countries and birth certificate of our child.
previously my husband has been refused from french embassy last year saying our marraige is of convenience. we have provided this time all the necessary documents but still it is refused. any help from dear members is highly appreciated. what can i do in appeal process and can i appeal directly in the ministry of foreign affairs? many thanks

ali_
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Poland

Directive 2004/38/ec reason of refusal

Post by ali_ » Sun Jul 14, 2019 8:29 am

Hi all,
The refusal of application as i know is based of public policy public health public security and fraud, but can this be the reason that the accommodation should be longer than 3 months(where I submitted 3 months rental contract) and job offer is not satisfactory(where job offer from the host member isn’t even a requirement).
Can anyone comment please?

secret.simon
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Re: Directive 2004/38/ec reason of refusal

Post by secret.simon » Sun Jul 14, 2019 9:06 am

Were you legally married (Islamic marriage may not count, depending on where it was conducted) to your Pakistani spouse at the time that you were working and living in the UK? Was your Pakistani family member living with you as a spouse in the UK while you exercised treaty rights in the UK?

Note that if you are a Polish citizen applying for a family member to join you in Poland, Directive 2004/38/EC does not apply directly.

The Surinder Singh route only applies if your non-EEA family member lived with you as a family member (i.e as a married spouse; unmarried partners won't count) in another EEA member-state of which you are not a citizen.

If you worked in the UK and your non-EEA husband did not live with you as a family member of an EEA citizen in the UK, then the Surinder Singh route also does not apply.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ali_
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Poland

Re: Directive 2004/38/ec reason of refusal

Post by ali_ » Sun Jul 14, 2019 10:19 am

First of all the refusal states they dont doubt our marriage so thats not the point. Second its not poland where he applied its sweden. Third its just i as a eu citizen moving with my family members to another member state for exercising my eu rights. So the question here is that the reason they gave is really valid? I mean accommodation longer than three months or not providing a job contract? Bcz as far as i know thats not the requirements of visa application under the directive. Are previous refusals bringing up these random refusal reasons?

secret.simon
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Re: Directive 2004/38/ec reason of refusal

Post by secret.simon » Sun Jul 14, 2019 11:26 am

Is the EEA citizen spouse currently in Sweden?

If yes, how long has s/he already been there? If s/he has already been in Sweden for more than three months, s/he needs to prove that she is exercising treaty rights in Sweden.

https://www.swedenabroad.se/en/about-sw ... to-sweden/

If no, what proof was provided that s/he intended to move there with the Pakistani spouse?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ali_
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Poland

Re: Directive 2004/38/ec reason of refusal

Post by ali_ » Tue Jul 16, 2019 6:46 am

I appreciate your high knowledge of these laws. When application was submitted i wasn’t in sweden, proof was travelling together flight iteniraries, letter from my side confirming move to sweden, three months rental agreement, and a job offer. Which apparently did not satisfy emb. So we have submitted a complaint to Solvit but now i m going to Sweden bcz my job there is starting in two weeks n unfortunately spouse cannot move with me bcz of refusal. I have now job contract as well. I am waiting for solvit decision and also an option is to reapply with job contract.

izak ky
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Kenya

Re: Directive 2004/38/ec reason of refusal

Post by izak ky » Tue Nov 12, 2019 1:34 pm

Was your case handled by Solvit ...did it succeed?.....i'm in pretty much in the same situation like yourself ....kindly update us

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