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Directive 2004/38 (Obie)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Malik220403
Newly Registered
Posts: 14
Joined: Sun Sep 13, 2015 3:08 pm
United Kingdom

Directive 2004/38 (Obie)

Post by Malik220403 » Sun Sep 13, 2015 5:50 pm

Hi I am a British citizen currently living in United Kingdom. I am married to a Pakistani Citizen for about three and a half years and we have a son from this marriage who is about 20 months old. My son has also got a British Passport which I applied from Pakistan after his birth. I am planning to move to Ireland under EEA Directive where it says if you are exercising free movement rights or will be exercising free rights your spouse can apply for a visa to Accompany or join you.
My questions are mentioned below in regards to this matter.
1- Can I apply under Directive while I am living in the U.K and take my spouse with me once she gets a visa from Pakistan
2- As my Son has a British Passport, do we need to apply for him from Pakistan or just send his British Passport copy with my Wife's application?
3- Under Directive 2004/38 what supporting Documents are required to submit with the application?
4- If my Wife is granted a visa do I have to be physically in Ireland to exercise treaty rights in order for her to get a entry into Ireland or travel with my wife and son and then exercise my rights after I get to Ireland?
5- Do I have to first exercise my Treaty Rights in Ireland before I can make an application for my wife to join me?

Please note my wife applied a Visit Visa to U.K last month and British Embassy In Abu Dhabi has refused her application on the basis that she doesn't have any strong ties in Pakistan also she hasn't shown any assests or personal bank statements whereas she has clearly mentioned in her application I sponsor her and she is my dependant with Remittences proof. Her U.K refusal will effect on this application? My son's British Passport will help to get a visa or is there any rule under Eurpeon Law where a Husband and Child is a Member of Eurpeon State and a mother is a Non EEA National will get a visa in order to join their EEA family members?

Please Kindly assist me if I'm eligible under Directive 2004/38 to apply my spouse visa or I have to move first to Ireland exercise my treaty rights and then apply for my wife and son to join me? Also if anyone can send me a contact details of Eurpeon Commission or relevant department where I asked them same question and attach their reply with my Wife's visa application? Also if anyone can send me a good covering letter in support of my wife's visa application where she meets all rules which will help Visa Officer understand better her case.

I've been Living in U.K from the last 15 years and have always worked and law abiding citizen but I've decided to leave U.K and settle in Ireland as I feel like it's gona be impossible to bring my wife here.

Auspiciously looking forward to your reply.

Many Thanks,

Malik

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