archigabe wrote:sorry to be the wet blanket, but the E.U country embassy that you are applying with might want to see proof of legal status in the U.K. Just something to keep in mind while applying for the E.U spouse visa.
This will likely not be a quick and easy application, but the law is on the applicant's side.
I suspect that with some patience you should be able to get a visa issued. You need to point out to them that the visa is issued solely on the basis of the relationship with the EU citizen and can only be refused on the basis of national security, (big) public policy or (big) public health.
It may be that member state repeatedly refuses to accept a visa application, or does not issue the visa in a reasonable time. In that case EU law (and their national transpositions in Ireland and in all other EU countries) and ECJ case law is again clearly on the side of the applicant.
If you do not have a required visa, you can not be turned back at the border so long as you can prove at the border that you have the right of freedom of movement as the family member of an EU citizen. This is
explicitly spelled out in Directive 2004/38/EC and it’s transpositions into the law of each member state including the UK and Ireland. It is also from the original case law that drives what is in the Directive:
Case law has also been established by the Court of Justice in this connection. In its judgement of 25 July 2002 in Case C459-99 (MRAX) the Court ruled that, if Article 3(2) of Directive 68/360 and Article 3(2) of Directive 73/48 are not to be denied their full effect, ‘a visa must be issued without delay and as far as possible at the place if issue into national territory’ adding that, in view of the importance attached by the Community legislature to the protection of family life, ‘it is at any event disproportionate and therefore prohibited to send back a third country national married to a national of Member State where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148′.
