EEA Directive 2004/38 Accompanying Spouse Enquiry

[Malik220403]

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

[noajthan]

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.

...

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

This example may help answer some of your questions:
http://www.immigrationboards.com/eea-ro ... 69701.html

Note: your son is British so needs no visa to travel to or live in Ireland (it's part of the CTA).

Any past visa refusal under the UK's immigration laws (eg visit visa) should have no bearing on your new plan for an application under EU rules in Ireland.

Best of luck.

[noajthan]

Regarding question of accompanying or joining famly members, see also:
ireland/non-eea-parents-to-ireland-to-j ... 94567.html

[Malik220403]

Thanks I appreciate your help. Do you have any contact details of European Commission in case if my wife's visa is refused I can make a complaint to them and I've read they are very helpful and resolve your issue if Irish Embassy doesn't issue visa to a Non EEA Spouse.

Once again thanks for your help.

[noajthan]

Thanks I appreciate your help. Do you have any contact details of European Commission in case if my wife's visa is refused I can make a complaint to them and I've read they are very helpful and resolve your issue if Irish Embassy doesn't issue visa to a Non EEA Spouse.

Once again thanks for your help.

Hope it doesn't come to that.
I don't possess such details but a web search would surely turn it up.

There are also plenty of support sites such as
BritCits (http://britcits.blogspot.co.uk/)
& Free Movement (https://www.freemovement.org.uk/) with further info on SS

- as well as this excellent forum with its wealth of information ofcourse.

[Malik220403]

Thanks for information. Last question if you can assist me with this please. I will be accompanying with my Non EU spouse and a British child if she is granted a visa under Directive 2004/38 Do I need to submit a return ticket or one way ticket is sufficient for all of us because on INIS website it says return ticket so I'm bit confused with this bit.

Thanks

[noajthan]

Thanks for information. Last question if you can assist me with this please. I will be accompanying with my Non EU spouse and a British child if she is granted a visa under Directive 2004/38 Do I need to submit a return ticket or one way ticket is sufficient for all of us because on INIS website it says return ticket so I'm bit confused with this bit.

Thanks

If INIS intimates a return ticket is required then that appears to be the official advice in their jurisdiction.

You could check what happened in the real-life example here too:
http://www.immigrationboards.com/eea-ro ... 69701.html

[secret.simon]

You could check what happened in the real-life example here too:eea-route-applications/eea2-surinder-singh-3-month-success-story-t169701.html

The first post of the thread posted by noajthan is quite detailed and shows the level of detail that is needed to demonstrate that you have moved the centre of your life to the EEA.I would urge you to read that and the other posts in that thread at length to understand the process that you will be going through.

As regards the INIS advice, I disagree with noajthan. If your wife is joining her family members (her son and husband) in another EEA country, the relevant visa can not be refused and hence there is no need for a return flight.

But I am not au fait with Irish immigration practices and that is best a question for the Ireland forums, especially the thread that noajthan has posted about above.

Regarding question of accompanying or joining famly members, see also:
ireland/non-eea-parents-to-ireland-to-j ... 94567.html

[noajthan]

...

As regards the INIS advice, I disagree with noajthan. If your wife is joining her family members (her son and husband) in another EEA country, the relevant visa can not be refused and hence there is no need for a return flight.

But I am not au fait with Irish immigration practices and that is best a question for the Ireland forums, especially the thread that noajthan has posted about above.

Regarding question of accompanying or joining famly members, see also:
ireland/non-eea-parents-to-ireland-to-j ... 94567.html

Sound & sage reasoning.
I was simply respecting INIS as an authorative source.