Irish citizen to use EEA route

Hi
My husband is a British citizen and currently living in the UK. I am a Pakistani national and currently living in Pakistan. I want to apply for a visa of family member of an EU citizen. I also have refusal letter for short term study visa for UK in 2017. I have read the required documents needed for the visa. According to directives, there is no need to provide accommodation and travel plan and bank statements. But I have read some refusals for a family member of an EU citizen on the basis that they did not provide accommodation and travel plans and did not show their ties with Ireland. I will travel to Ireland with my husband. The documents which I need to provide are: 1. my passport 2.Copy of my husband's passport 3. marriage certificate 4. Invitation letter from my husband stating that he is a British citizen and will travel with me and has right of free movement. 5. letter from the applicant (me) 6. My refusal letter for UK short term study visa What else do I need to attach with the application?
I could not find how to post a question on this forum.
Please guide me. Thanks in advance

Firstly, if we are to assume Britain will officially come out of the EU Block by end of March then your husband will no longer be able to exercise the Treaty Right from them on.

Secondly if you’re in Pakistan it may take longer than march for the visitor visa to Ireland to be granted etc which brings you then to my First point on previous paragraph. Even if you succeed with visitor visa and come to Ireland, once the UK is out of the block your efforts will likely be pointless.

Thirdly, your husband will need to reside in Ireland, hold a job here, pay taxes etc in order for your Visa to succeed. In your current situation you have a High chance for visa refusal since your husband isn’t exercising the Treaty Rights for the purpose of Spouse settlement (namely living in Ireland, working here etc)

Freedom of movement can be applied when traveling with your husband in cases like going for a holiday or family reunion. However each of the aforementioned reasons have their specific conditions to be met.

Best of Luck

Thank you for the response. What if I apply for any Schengen visa as a family member of an EU citizen? because Schengen countries grant visa in 15 working days. Will I be able to get Schengen visa? or the same rules will be applied as for Ireland? Please guide me. I want to clarify will it be necessary for my husband to get job in EU country before my visit visa? or he can get after reaching there? or do we need to show that he is self sufficient mean bank statement etc? Although it is not required when apply as a family member of an EU citizen.

I need help in this regard plz.
Thanks in advance

Ireland is not in Shengen area so Shengen visa is not valid for Ireland.

Yes I know Ireland is not a Schengen area. But I just want to clarify the visa rules for family member of an EU citizen. If I go to Schengen country for tourism with my husband who is a British citizen and will be travelling with me from Pakistan what would be the necessary documents other than those I have already mentioned in my previous post?

FSK wrote: ↑

Sun Jan 13, 2019 1:55 pm

Yes I know Ireland is not a Schengen area. But I just want to clarify the visa rules for family member of an EU citizen. If I go to Schengen country for tourism with my husband who is a British citizen and will be travelling with me from Pakistan what would be the necessary documents other than those I have already mentioned in my previous post?

Your husband’s EU Status superceeds the need for a Schengen Visa

In other words you should be allowed to board a plane from Pakistan to your chosen EU destination if your husband is travelling with you and you are able to produce a marriage certificate. The same applies when you land at your chosen EU state whereby a stamp or visa is issued by the authorities (arguably they shouldn’t even need to stamp your passport).

As you are going for tourism, you would’ve booked accommodation and learned about the country/area you wish to visit.
Both of you would also have the necessary financial means to cover holiday costs etc

If you are going to apply for a Schengen Visa then generally speaking the same rules more or less apply as in the case of a general visitor visa. The visa application in your case if free of charge.

For accurate details of visa requirements visit the embassy of the EU country you wish to visit. So long as you fulfil the conditions then the visa should be issued

I want to further clarify all depends on the motive. I want to ask if we want to live in any Schengen country. Will it be necessary for my husband to go and get a job in that Schengen country first and then apply for my visa as a family member of an EU citizen.

FSK wrote: ↑

Sun Jan 13, 2019 4:22 pm

I want to further clarify all depends on the motive. I want to ask if we want to live in any Schengen country. Will it be necessary for my husband to go and get a job in that Schengen country first and then apply for my visa as a family member of an EU citizen.

You face the same issue in any other EU Country. Your husband’s EU Status! So if the UK leaves the Union by end of March then Freedom of movement for British Citizens and their family as we know it MAY or HIGHLY likely cease or change. Either way nobody knows for certain what the new status quo will be.
So the problem is your husband’s EU Status after Brexit and not the other way around.

The process of applying under Freedom of Movement Treaty is in principle the same in ALL EU countries. It only requires one of the persons to be a EU member in order to exercise such rights.

Schengen is EU’s answer to a standardised visa system that allows other Non-EU Visa requiring countries to enter Europe for general visiting purposes but NOT settlement.

As I said we don’t know Britain’s future relationship with EU and vice versa. However one possible option in the future would be:
If your spouse is a highly skilled worker then he should be able to secure a Work Permit in which case, there’s already a well established system of bringing family with them. This option would be of benefit if the new EU-UK relationship requires British nationals to apply for work permits in Europe after they are officially out. I suppose none of us hold a crystal ball but is worth bearing this option in mind.

Has your husband consulted a reputable Immigration lawyer in the UK to see what options are available to you? From your comments it sounds that you have children if I’m not mistaken?

We do not have children.

If you are considering having children then I’d strongly advise for your husband to consult an immigration lawyer to explore options for you to join him in the UK.

This forum does not allow recommendations for immigration lawyers (not that I know any) in case you ask the question.

All the Best!

EU Treaty has same requirements in all EU countries, more or less. If you think you can't give a convincing proof to the visa officer in Ireland, I don't think you can in other EU countries.

Plus, just by reading your questions here, I would be very sceptical about your intention.

You mentioned that you had a visa refusal from the UK previously. Then you were looking for a way to come to Ireland without your husband having the intention of living and having a job here. When someone else told you this is likely not possible, you then quickly switched to the idea of living in the Schengen area under the same condition.

Why do you really want to go to a foreign country when neither your husband nor you have a job and know where to live? If a Schengen country (let's say Spain) grants you permit to stay there, what are you and your husband going to do there? Where are you going to stay? Will you two be able to speak Spanish?