Do I need to prove that my spouse is using their right of free movement in order to receive a family member Schengen visa?

Question

I plan to visit Europe some time during the next year (hopefully before a hard Brexit) and want to check what I need to fulfil for Schengen visa as the spouse of a British citizen. My spouse and I both live/work in Pakistan and we may travel to Netherlands and France. I was reading up on EU citizens' family members right of free movement and it seems that I just have to attach evidence of our marriage. The Netherlands visa service (VFS global) here lists the following requirements:

Direct link: http://www.netherlandsvisa-pakistan.com/pdf/Family-Members-of-EU-EEA-Nationals-Checklist.pdf

I have everything but I do not understand point no. 6, "Proof that this family member is using or has recently used his/her right of free movement". Does the fact that my spouse would be travelling with me, hence exercising her right of free movement, cover this point? Or does she need to be a resident of an EU country or registered in one other than UK?

Thanks in advance.

Answer 1

Unfortunately your spouse, being resident in Pakistan, is not exercising their right of free movement and so you will not be able to travel with them (without applying for a regular visa). Your spouse would need to be living in an EU/EEA country other than the UK in order to be exercising their rights and thus to be able to travel freely with their family members.

The crucial text is at the top of the picture you posted: "by living/working in another EU/EEA country ... than he/she is a national of."

Some explanatory text courtesy of the Europena Commission can be found on page 6 here and is copied below - see the very last line:

At the suggestion of @phoog I checked other languages: