Does Directive 2004/38/EC applies

[aliahmed201724]

I am British Citizen working in Spain (used my treaty rights by living and working in Spain) for last 3 months and i have got Spanish Residence card for my self, My non eu wife and children (All pakistani national) are in Pakistan. i wanted to bring my family from paksitan to Spain but there is one problem i heard about Spanish embassy not accepting Foreign marriage of British Citizen unless it is registerd in Uk.And also Uk does not register foreign marriages etc.And even they take ages for family reunion visa.So i am struck in a very bad situation.
Now i spoke to one of the Solictor in Spain he said if you could bring your wife in any schengen country on visit visa than we can change visa into residency permit in Spain.
So now i have decided to apply for France or Netherlands visa or may be poland.
We want to visit France or Netherland or Poland for 11 days, My family will be traveling with me to one of these countries from Pakistan provided that the visa is granted.As i am going on holidays to Pakistan and then my family will be applying for schengen visit visa to one of these countries.

I want to get visa on EU Family directive 2004/38/EC, but my confusion is that because i am not working in France or Netherlands or Poland neither i am living there , and my family will be traveling with me just for a visit in one of these three countries, does this directive still applies on my application?.As i have already used my treaty rights in Spain.So even the embassies can recommend me to apply in spain embassy instead.
More importantly i don't have any intention to move to France or Netherlands or Poland for settlement.
Kindly some Senior experts give me their opinion as this is the answer which i could not get from senior lawyers as well and i am bit confused does the directive 2004/38/EC applies in my case.or how it can be applied in any other situation. Secondly can some one please send me the format of Cover letter if i am eligible to use right of free movement or how to bring my family in one of these three countries.
The ultimate goal is to bring my family in Europe and then apply residence permit for them and settle down with my family permanentaly.As these immigration rules are ruinings our lifes for years.
Thanks
I will really appreciate your detailed respond.
Should I mention ''right of free movement'' on cover letter? etc

[noajthan]

Don't be too hard on immigration rules, that is what enables travellers of the world to travel and settle elsewhere.

There are other topics about Spain and marriage certificates, (need for apostille/certification process etc), if you search the forum.

Directive applies if you and spouse are moving to (or spouse is joining you in) a certain EU memberstate.

In your circumstances spouse can simply apply for Schengen visitor visa as she is just going on holiday initially.
It doesn't really matter.
Then travel on to Spain and live your life.

You may ofcourse have to sort out the marriage certificate in Spain if wife wishes to apply for a RC in Spain.

[mgb]

Why a visitor visa?
Article 6 give 3 month independently of the reason.
Precondition for a visa for the family member of a eu citizen is to accompany or join the eu citizen.
Btw. I would apply for that visa at the spanish embassy and ask them where the clause about the marriage certificate is written in the royal decree 240/2007.

[noajthan]

Why a visitor visa?
Article 6 give 3 month independently of the reason.
Precondition for a visa for the family member of a eu citizen is to accompany or join the eu citizen.
Btw. I would apply for that visa at the spanish embassy and ask them where the clause about the marriage certificate is written in the royal decree 240/2007.

It doesn't really matter - and they are only visiting their first port of call, France or wherever it is going to be.

[noajthan]

Some related Spain cases - may help with the nitty gritty:
http://www.immigrationboards.com/eea-ro ... e#p1427752

And about apostille and marriage certificates:
http://www.immigrationboards.com/immigr ... e#p1369461

[aliahmed201724]

This information is quite helpful and encouraging but i am still receiving some contradictory answers so i would request some more seniors to give their opinions on this directive 2004/38/EC in my case.Does this directive apply if i make schengen visa application for visiting the countries along with me without pre moving there because before i take any step further i want to know the procedure and consequences.Thanks

[aliahmed201724]

Thanks very much for those persons who gave their precious time to my case study.

Article 6 give 3 month independently of the reason.
Precondition for a visa for the family member of a eu citizen is to accompany or join the eu citizen.
My family had an appointment in Poland embassy they refused to take my application under
freedom of free movement in my case as the lady said i should have been using my treaty rights in poland to
be eligible for this directive .( i am bit confused).As my family mentioned them that i am working in spain and i have no intention to move permanently in Poland.So my family had to go back without submitting any application in the embassy.( so i am bit confused about this directive execution)

This information is quite helpful and encouraging but i am still receiving some contradictory answers so i would request some more seniors to give their opinions on this directive 2004/38/EC in my case.Does this directive apply if i make schengen visa application for visiting the countries accompanying my family without pre moving in those countries or showing intention of settling there because before i take any step further i want to know the procedure and consequences.
A little discription of the letter will be much appreciated if i were to visit france or Netherlands or Poland.
I will deal will the situtaion with your guys advice once i manage to bring my family in Schengen country.
I am still reluctant to apply in Spain embassy.As many applicants had to fight a lot for their visas.

Thanks

[mgb]

You can file a complaint with solvit about your problem with the embassy for Poland.
http://ec.europa.eu/solvit/index_en.htm

[noajthan]

Thanks very much for those persons who gave their precious time to my case study.

...

A little discription of the letter will be much appreciated if i were to visit france or Netherlands or Poland.
I will deal will the situtaion with your guys advice once i manage to bring my family in Schengen country.
I am still reluctant to apply in Spain embassy.As many applicants had to fight a lot for their visas.

Thanks

Unclear why you think you need a cover letter.
And it doesn't matter if your wife applies for a visit visa; after all, once she's in she's in.

[aliahmed201724]

i am bit reluctant to apply schengen visa for my family.(without using directive 2004/38/EC).

Firstly i think i will have to fill in all the field in schengen visa form
* where as in case of directive which are exempted for family of Eu Citizen
Sorry again one last question
in my case as i am british citizen i think i have to provide 3 month pay slips,job letter and bank statements for last 6 months and all other documents etc if directive does not apply as it seems not to be applicable in my case.

Could you please correct me if i am not mistaken and advice me accordingly.

Secondly they visa can be refused by the embassy as i have seen many cases where the embassy says that they doubt that we will not leave the Counrty of schengen and our intentions are to settle down there .which is not the case when using the Directive 2004/38/Ec where visa can only be refused on the basis of security ,public policy and health reasons.So this freedom of movement directive gives you more confidence of getting a schengen visa.
Thirdly i am not sure if my family will be exempted for visa fees.As i am british citizen working in Spain.but applying visa for poland,france or netherlands.
Can you please suggest me what to do and what is the best option.
thanks

[mgb]

I would let apply my family members for a visa for a family member of a eu citizen.
In field 21 at the visa application form mark other and write family member eu.
Additional to the documents offer a declaration in writing about that your family members will accompany you at your travel to the target country.

[lidia_9]

Yes this directive applies on your case. I am sure. Good luck with this

[lidia_9]

I am in a similar situation, please tell us with your experience of applying visa under this directive e,g what was thier decision?. Thanks.