sound advise wanted

I am British currently living in the UK and my Spouse is Pakistani living now in Pakistan.

We have 5 adult children in the UK and now also grandchildren.

My spouse was deported and has been excluded from the UK a few years ago after ILR was revoked (we spent alot of time -10+years and money on appeals and have accepted that UK is not an option)

We decided to try and move to Ireland as the relationship is extremely difficult to maintain via internet how Home Office expects to - I planned to exercise my treaty rights in Ireland and hopefully have my spouse join me - due to the language and closeness to UK it would have been ideal as children could easily visit Ireland (unlike visiting Pakistan- very expensive and far)

An Ireland EU join spouse application was made in may 2015 for my spouse to join me and my daughter who initially moved to Ireland but due to the unknown timescale delay processing Irish visas we moved back to the UK and my spouse requested passport back in Pakistan and found it to have been stamped by INIS "IRELAND VISA APPLIED FOR" on the last page.

As Ireland is now out of the immediate picture and Brexit looming closer, i now plan to go to either Spain, Belgium, Germany or France (preferred is Spain or Germany as i have friends there) to exercise freemovement and my spouse to join me.

What is the easiest/simplest country to apply for a accompany/join spouse visa for (from the ones mentioned above and generally any other).

I intended to travel to France in the New year with the family to celebrate one of my grandchildren's birthday to a famous family theme park and intended to also visit at least Belgium and Germany to make a decision. I was hoping my spouse could join me and the family (hence my other post) as we could decide what is best from there.

I am concerned the stamp INIS have put in the passport will hinder any application now made to schengen zone.

If we plan to visit france would it be better for my spouse to apply for a Join EU spouse visa for France and then travel with me to Belgium, Germany (and maybe later Spain aswell). Will this have any affect on applying for a RC under art 10 in the member state we decide to finally settle in?

What is the easiest /quickest country in schengen zone to apply for an RC under art 10 at the moment?

If my spouse doesn't join me now, is it possible from them to initially go to schegen area on a visit visa (eg to Poland) and later i join and then we apply for an RC under art 10?

any help would be appreciated!

Yes, UK and Eire do share intelligence as both in CTA.

Direct FM RC should be similar in any EU country, that's the point of a unified system.

noajthan wrote: Direct FM RC should be similar in any EU country, that's the point of a unified system.

yes but what i was asking is if a EU join/accompany spouse visa is obtained to enter one state, would it be an issue to apply for an art10 RC in a different stated ?

thanks

fsa wrote:

noajthan wrote: Direct FM RC should be similar in any EU country, that's the point of a unified system.

yes but what i was asking is if a EU join/accompany spouse visa is obtained to enter one state, would it be an issue to apply for an art10 RC in a different stated ?

thanks

I answered this:

What is the easiest /quickest country in schengen zone to apply for an RC under art 10 at the moment?

There will be no issue in applying for an RC in an EU member states even if you enter using a visa from another schengen country. It's a fairly simple process. However, to get the schengen visa in the first place might prove challenging at first. I don't know which consulate respects free movement rights the most in Pakistan so someone else might have to chime in.

The Irish stamp is almost 2 years old and as long as you can prove it, there shouldn't be any issue. In fact them taking so long is a violation of the eu laws and you might do well to get a lawyer to follow up with them.

Look into Finland, Denmark, etc as they are known to follow the rules and might be more reachable due to being smaller missions.

Regarding which country is the quickest for an article 10 RC. It's not really clear. Spain takes upto 6 months to give the RC but in all cases you can stay in the country while it's processing.

Germany used to be very quick atleast in Berlin (1 month max) but a prior appointment is required and I don't know how this has changed with the refugee crisis.

Portugal takes 3 months to give the RC. It shouldn't matter to you in any case because you can be together while it's processing.

However, why was your spouse's ilr revoked? The visa might depend on this.

liksah wrote: However, why was your spouse's ilr revoked? The visa might depend on this.

it was revoked because a silly mistake made over 30 years ago to do with smuggling class A, sentenced 6.5years, served 3.


From looking at the schengen/join eu spouse visa application it doesn't appear as though they ask details to do with above.

fsa wrote:

liksah wrote: However, why was your spouse's ilr revoked? The visa might depend on this.

it was revoked because a silly mistake made over 30 years ago to do with smuggling class A, sentenced 6.5years, served 3.


From looking at the schengen/join eu spouse visa application it doesn't appear as though they ask details to do with above.

That kind of silliness may come up when usual crosschecks and verifications are performed.

noajthan wrote:

fsa wrote:

liksah wrote: However, why was your spouse's ilr revoked? The visa might depend on this.

it was revoked because a silly mistake made over 30 years ago to do with smuggling class A, sentenced 6.5years, served 3.


From looking at the schengen/join eu spouse visa application it doesn't appear as though they ask details to do with above.

That kind of silliness may come up when usual crosschecks and verifications are performed.

a stupid mistake the whole family is paying for. they normally dont conduct cross checks with initial RC applications. i know in the UK they dont do over seas checks until PR is applied for

fsa wrote: a stupid mistake the whole family is paying for. they normally dont conduct cross checks with initial RC applications. i know in the UK they dont do over seas checks until PR is applied for

Entry visas are different from EU-related docs;
no good character test for EU docs.

noajthan wrote:

fsa wrote: a stupid mistake the whole family is paying for. they normally dont conduct cross checks with initial RC applications. i know in the UK they dont do over seas checks until PR is applied for

Entry visas are different from EU-related docs;
no good character test for EU docs.

obviously if asked, everything would be declared, but would this be enough to refuse an RC card

fsa wrote:

noajthan wrote:

fsa wrote: a stupid mistake the whole family is paying for. they normally dont conduct cross checks with initial RC applications. i know in the UK they dont do over seas checks until PR is applied for

Entry visas are different from EU-related docs;
no good character test for EU docs.

obviously if asked, everything would be declared, but would this be enough to refuse an RC card

Yes, it could be.

is anyone able to confirm the correct website to apply for eu spouse visa for France, Germany and Spain- google brings up many links to different sites

fsa wrote:is anyone able to confirm the correct website to apply for eu spouse visa for France, Germany and Spain- google brings up many links to different sites

Your husband would have to apply at the Embassy of the country that he enters first or will spend the most time in.

For Germany, he'd have to make an appointment online and submit documents and biometrics personally at the Embassy or Consulate:

http://www.pakistan.diplo.de/Vertretung ... Legal.html

fsa wrote:obviously if asked, everything would be declared, but would this be enough to refuse an RC card

Requirements for RC are different from those for a country's entry visa (which you asked about previously).

A RC can be refused on grounds of public policy, public health, public security - depends if applicant falls into one or more such categories.

Thank you all for the advise.

We have decided to try Spain.

If anyone is able to confirm the correct site to apply for spain that would be most helpful

Spain seems funny about marriage certificates, watch out for that.
More in forum if you search.

Also Spain currently has extremely high unemployment and foreigners are at a disadvantage in the job market.

noajthan wrote:Spain seems funny about marriage certificates, watch out for that.
More in forum if you search.

ok thanks, i will have a read on the forum regarding the certificates.


i assume its the short stay visit visa that is applied for? is it worthwhile completing a letterhead stating applying under the eu directive as some of the requirements for the application normal visit visa require a sponsor letter, proof of funds etc which i assume is not needed to apply for a eu spouse visa

fsa wrote:

noajthan wrote:Spain seems funny about marriage certificates, watch out for that.
More in forum if you search.

ok thanks, i will have a read on the forum regarding the certificates.

i assume its the short stay visit visa that is applied for? is it worthwhile completing a letterhead stating applying under the eu directive as some of the requirements for the application normal visit visa require a sponsor letter, proof of funds etc which i assume is not needed to apply for a eu spouse visa

Some insights here:
https://eumovement.wordpress.com/eu-cou ... nfo-spain/

This refers to entry:
https://eumovement.wordpress.com/2007/0 ... u-citizen/

Country guide:
http://britcits.blogspot.co.uk/2014/10/ ... e.html?m=1