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Search found 170 matches

by Granista
Wed Jan 15, 2020 1:30 pm
Forum: Ireland
Topic: Stamp 4 EUFam visa doubt
Replies: 17
Views: 1917
American Samoa

Re: Stamp 4 EUFam visa doubt

If joining or accompanying your wife, you have a right to entry at the port, irrespective of the position with the Residence Card. Not true. You need an EUTR visa. If you are accompanying your spouse and have all the relevant documentation on you, properly translated and attested, you might get in ...
by Granista
Wed Jan 15, 2020 1:27 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

Obie, you keep repeating that his wife is exercising treaty rights, but you don't know that. Does she have a job? Is she self sufficient or a student?
You don't know what she is and neither did immigration at the airport!
by Granista
Wed Jan 15, 2020 12:08 am
Forum: Ireland
Topic: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.
Replies: 454
Views: 68273
American Samoa

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Because a person resides in one country does not mean they cannot reside in another. The question is whether she was residing in Ireland at all. Well it does of course. If you lie full time in Poland you don't live in Ireland. Irish authorities have to take the word of the Polish authorities above ...
by Granista
Wed Jan 15, 2020 12:03 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

The Directive says he needs a visa, but not necessarily pre-entry visa, as provision is made for visa to be granted at port. The difficulties is, the immigration officer in this case failed to undertake the task mandated by regulation 4(5). No examination was done, he was simply put in a plane and ...
by Granista
Tue Jan 14, 2020 11:51 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

Neither Metock nor Diatta are relevant to the OP's case, and the pp was quite right. OP had no status to enter the State. He had no EUTR entry visa. He was not accompanying his EUFam member. His residence permission had already been revoked, he had no status to live in the State. It was not in any ...
by Granista
Tue Jan 14, 2020 11:28 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

I am a qualified immigration professional who has worked in UK and Ireland, so I know what I am talking. I do not need to go very far into EU law jurisprudence. The 2015 regulations mandate an immigration officer not to deport a family member of an EU citizen who are not in possession of a visa. In...
by Granista
Tue Jan 14, 2020 11:23 pm
Forum: Ireland
Topic: DIVORCE
Replies: 25
Views: 3432
American Samoa

Re: EU Child and Divorced

Terrible advice. As a non custodial parent you will have little chance.
by Granista
Tue Jan 14, 2020 11:20 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

Neither Metock nor Diatta are relevant to the OP's case, and the pp was quite right. OP had no status to enter the State. He had no EUTR entry visa. He was not accompanying his EUFam member. His residence permission had already been revoked, he had no status to live in the State. It was not in any w...
by Granista
Tue Jan 14, 2020 11:11 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

I think the confusion originate from your lack of understanding of EU law. The Court of Justice has ruled as way back from Royers and much recently in MRAX, that an EU citizen and their family member derive rights directly from EU law and not a document issued to them. The documents does not confer...
by Granista
Tue Jan 14, 2020 11:05 pm
Forum: Ireland
Topic: Returning back to Ireland after long term stay in india with stamp4 visa
Replies: 5
Views: 2198
American Samoa

Re: Returning back to Ireland after long term stay in india with stamp4 visa

Its not a stupid rule. You got a stamp 4 residency card (which is not a visa) because you were resident in Ireland. You went back to India and are no longer resident in Ireland, so your permission is not valid. If the dept doesn't know you left for so long you might be ok a the airport, but then aga...
by Granista
Tue Jan 14, 2020 11:02 pm
Forum: Ireland
Topic: Filipina Best way to join Irish boyfriend in Ireland
Replies: 11
Views: 2873
American Samoa

Re: Filipina Best way to join Irish boyfriend in Ireland

None of that matters, the docs can be for anywhere, translations are simple to arrange. The real issue here is that OP does not qualify as a defacto spouse, and may well not qualify as a married spouse. Marriage to an Irish national does not confer an automatic right of residence in the State. Does ...
by Granista
Tue Jan 14, 2020 10:52 pm
Forum: Ireland
Topic: 2010 student scheme
Replies: 4
Views: 759
American Samoa

Re: 2010 student scheme

You'e been illegally living in the State for the best part of a decade. If you are working it is a criminal offence. You have pretty much no hope of gaining status now
by Granista
Tue Jan 14, 2020 10:49 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

You are confused. If residency permission under EUTR has been revoked, a decision has been made that at that point the individual is not a beneficairy of the Directive. So when he turns up at the border with no visa, and a revoked stamp 4, the ICO knows that the DoJ has already deemed he is not able...
by Granista
Tue Jan 14, 2020 10:43 pm
Forum: Ireland
Topic: Recently Married - Query Surrounding Spouses Stamp 4 Rights
Replies: 6
Views: 789
American Samoa

Re: Marriage to non-EU/EEA (non-visa-required) spouse in Ireland

Hi Kupuser Many thanks for the response and guidance points. My EU Spouse is indeed in Ireland and studying full-time (student visa) I will have a look at the information points you outlined and many thanks again for posting. My query was essentially once we are married (in Ireland) are we simply t...
by Granista
Tue Jan 14, 2020 10:37 pm
Forum: Ireland
Topic: Immigration
Replies: 5
Views: 758
American Samoa

Re: Immigration

Spouse isn't Irish. Short answer is NO, you can't.
by Granista
Tue Jan 14, 2020 10:36 pm
Forum: Ireland
Topic: Becoming and irish citizen by association: a peculiar case
Replies: 1
Views: 694
American Samoa

Re: Becoming and irish citizen by association: a peculiar case

You misunderstand the article. Winning the case did not mean the Minister had to grant citisenship. It meant that the minister had to reconsider the decision, and probably refused it again.
by Granista
Tue Jan 14, 2020 10:31 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 8917
American Samoa

Re: Stamp 4 Revoked

Some really terrible advice on this thread. You didn't tell INIS of your address change, which you were legally required to do. You left the state and returned to Pakistan so were no longer resident.Your residence permission was revoked as per the rules. You then had no status in the State. The ICO ...
by Granista
Tue Jan 14, 2020 10:22 pm
Forum: Ireland
Topic: Stamp 4 Visa Expiring - Unable to get an Appointment in Time
Replies: 8
Views: 1038
American Samoa

Re: Stamp 4 Visa Expiring - Unable to get an Appointment in Time

That's not a visa, its a residence permission. Totally different thing
by Granista
Tue Jan 14, 2020 10:20 pm
Forum: Ireland
Topic: Filipino with Irish baby to join partner in Ireland
Replies: 13
Views: 1947
American Samoa

Re: Filipino with Irish baby to join partner in Ireland

She won't get a tourist visa as it will be obvious that she is applying for one because she doesn't qualify as a defacto spouse. She also won't get a visa as the parent of an Irish child, as the child was not born in Ireland. You need to a)get a job and meet the financial requirements, and b)marry h...
by Granista
Tue Jan 14, 2020 10:15 pm
Forum: Ireland
Topic: Stamp 4 EUFam visa doubt
Replies: 17
Views: 1917
American Samoa

Re: Stamp 4 EUFam visa doubt

First of all, you are referring to a residence status, which is not a visa. Stamp 4 EU FAM is a residence permission. A visa is a permission to ENTER the country. Your residence permission is now invalidated as you do not live in Ireland, you left well over a year ago. So what you need to now apply ...