Returning to UK after visa has expired

[madmart132]

Myself (Irish )and my wife (non EU)were living in Spain exercising treaty rights in that country , however after the birth of our son in August last year we decided to move to the UK . We obtained a family permit from the UK consulate in her home country ( Morocco ) for her to travel to the UK.
We were living in the UK when she had to return home to Morocco as her mother was in hospital ( all well now ) The UKBA sent her back her passport as quickly as they could and also her Certificate Of Application . Since then her Family permit visa has expired by a few weeks and I am wondering
can she fly straight back to the UK from Morocco or
must she come via another EU country or
does she need to renew her Family permit visa again ?
The Baby has a UK passport if this makes any difference
Thanks in advance for any help

[toni34]

the question is will they allow her to board a plan without a valid visa? if yes,then she will be allowed in when she gets to the uk,you just need to be at the airport.and also send her all the proof of ur exercise of treaty rights and proof that you were living together.

[madmart132]

Well the visa has expired , but she has her Spanish id card so I was thinking of booking a flight to Paris or Brussels and meeting her there !!
I am a little unsure of taking a flight direct to the UK although this is the easiest option

[toni34]

to be honest if you travel with her and you can provide the neccesary treaty rights proof and relationship,you can succeed.

[Directive/2004/38/EC]

When did you apply for the Residence Card? If that is expected in the post soon, you could just send it by courier to your wife. Or you could easily just apply for a new EEA FP. Should be issued quickly and easily. They already know her and will be able to see the Residence Card application is underway.

[madmart132]

Thanks for the replies , the reason that she has not re-applied for the family permit is that I understood that she does not need one if she comes from Europe . (She already has a Spanish id card ), also the consulate in Rabat Morocco has not always been known for being understanding and I was worried that I would have to post alot of information over to her . I guess I should have just booked a flight from Spain !!!!

[Directive/2004/38/EC]

also the consulate in Rabat Morocco has not always been known for being understanding and I was worried that I would have to post alot of information over to her

The only information they would need is your passport (or copy), her passport, your marriage certicificate, and some proof that you are working in the UK.