help: UK wife, non-eea spouse, how to move from uk or pak?

[Liberal Immigrant]

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[Maliklahore]

app jasay logon nay he to pakistan ko badnam keya hay asylum lay kar abh app ko banda keya kahay. kam say kam banda kuch Pakistan ka he soch layta hay is foram main app NON EU bhi lekh saktay thay zaroor Pakistan ka name layna tha app nay.. post ko edit karo or Pakistan ke jagah NoN EU lekho ..banda kuch Pakistan ka khayal he kar layta hay ...

thanks.

[Ben]

In my opinion, and I am not an expert by any stretch of the imagination, your wife should go to Ireland alone and find a job, and you should return to Pakistan and apply for an Irish visa from there. Once in Ireland you should apply for residency using form EU1.

Again, this is my opinion from what I have learned about Directive 2004/38/EC. I may be wrong.

[Liberal Immigrant]

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[Ben]

do they HAVE TO grant me the spouse visa from pakistan or is it their choice i.e. would my application as the spouse of a UK citizen working in ireland be subject to Irish immigration laws or EC law?

Your application would be made in accordance with European Directive 2004/38/EC, so a decision would be made in accordance with same.

So long as you satisfy the conditions of the Directive, a visa application cannot be refused.

You may wish also to familiarise yourself with Ireland's implementation of Directive 2004/38/EC, Statutory Instrument 656 of 2006 (European Communities (Free Movement of Persons) (No. 2) Regulations 2006).

[Directive/2004/38/EC]

How long have you been with your wife? When did you marry, and in what form? Do you have any children? Do you have a document trail of your history together?

If you are legitimately married, then you have a right of free movement when travelling with your wife. End of story. The only reason they can reject you is if it is a fraudulant marriage, you are a risk to national security, you have a very bad WHO listed disease, or there are serious public policy issues with you as an individual.

What restrictions do you have in coming and going from the UK with your current UK status?

[Liberal Immigrant]

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[Directive/2004/38/EC]

Can you obtain permission from HO to re-enter the UK after visiting somewhere else? If so, I would encourage you to get a french visa and take the ferry over to France for a few days.

[Liberal Immigrant]

hmmmmmmmmm. dont think thats possible at all.