Joining your non- EEA Family Member & Beneficiary of the EU rights under The Free Movement Directive
In our previous posts couple of years back, we have had assisted cases of Romanian national exercising his free movement rights to Spain and wanted to bring his wife to join him and reunite to Spain. Also, in addition to this, we’ve also assisted a certain British- Ireland national whose working to Ireland and married to a Filipina. Both of them got the approval from the embassies we have submitted their application.
As of writing this post, a certain client from IRELAND, whose a Croatian national wants to bring his Filipina wife to Ireland under the same route ( EU) and he sought our assistance to help him out with the entire application and process. He is a bit anxious as they got married in the last 6 months prior to the submission of his wife visa application. Although, the existing provision(s) in the directive to show that the existing “durable relationship” regarding their relationship is something that we are especialised with.
The client need only an entry visa to join and accompany him in Ireland, as his spouse – family member, beneficiary as per Article 3 Beneficiaries “1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them”.
That in addition to her visa application, it is also in accordance to Article 5 paragraph 2 family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation(EC)No539/2001or,where appropriate,with national law.For the purposes of this Directive, possession of the valid residence card referred to in Article10 shall exempt such family members from the visa requirement”, pursuant to the directive 2004/38/EC ( Free Movement Directive).
Therefore, the embassy should grant her entry visa without any requirement to show her economic ties in her home country for as long as his sponsor has “sufficient means” to support her travel and stay in Ireland. This is in relation to Article 8. Member States may not lay down a fixed amount which they regard as “sufficient resources”
but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State.
Do you have some a similar case(s) above? And wanting to ensure your spouse/partner entry visa approval! Contact visa online assistance by sending an email at info@visaonlineassistance.com or call to our WhatsApp 09185501018 or visit https:/www.visaonlineassistance.com for more information.