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Search found 120 matches

by Muttsnuts
Wed May 18, 2011 12:39 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

Article 12 3) of 2004 / 38 : "3. The Union citizen's departure from the host Member State or his/her death shall not entail loss of the right of residence of his/her children or of the parent who has actual custody of the children, irrespective of nationality, if the children reside in the hos...
by Muttsnuts
Tue May 17, 2011 11:34 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

I am not clear that this is advisable in all cases. You have to ask yourself what the motivation of such a self reporting is, especially in situations where the applicant is still definitely or is most likely covered by EU law. Relying on the grace, kindness and good legal judgement of DOJ is somet...
by Muttsnuts
Tue May 17, 2011 11:27 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

Although more to do with EU /ECHR Law, this case gets quoted quite alot http://www.bailii.org/ew/cases/EWCA/Civ/2000/315.html The IRish courts in immigration tend to come up with their own views (which are similar to the English) and merely point out the English cases as influence. How many of the ...
by Muttsnuts
Tue May 17, 2011 4:46 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

The relevance of British law in Ireland, is a very weak argument. British law is regularly quoted, adopted, applied and persuasive when dealing with Irish law, especially Irish Immigration Law. What do you base your argument that Ireland is different in light of Article 41 of Bunreacht ná hÉirean...
by Muttsnuts
Tue May 17, 2011 2:27 am
Forum: Ireland
Topic: EU treaty rights what docs are needed?
Replies: 17
Views: 3461

ok thanks for replies - I'm looking for work so hopefully find something soon - wondered I'm hearing alot about this Zambrano(sp) case we have a daughter who is obviously an Irish citizen can he apply for residence based on being her father also? An application under Zambrano would probably be refu...
by Muttsnuts
Tue May 17, 2011 2:11 am
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

There is an obligation on the foreign national to inform the Department of any change in circumstance and it would seem clear that a separation for a person here based on marriage would fall under this. On what basis is there the requirement to inform the DOJ of a separation? It is certainly not pa...
by Muttsnuts
Mon May 16, 2011 10:33 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

Otherwise, you will have to get your husband to do you a favour and get divorced ASAP. Divorce in Ireland is far from ASAP as far as I know. You're correct in saying that you can only avail of a right to remain in your own right if your husband divorces you. See Article 13 of Directive 2004/38 EC. ...
by Muttsnuts
Mon May 16, 2011 7:42 pm
Forum: Ireland
Topic: Apostille stamp on Birth Certificate
Replies: 6
Views: 2724

I think that the Department of Foreign Affairs on Stephens Green in Dublin can provide an apostile only for the irish documents like irish birth cert, irish marriage cert, etc. it can not provide apostile for foreign documents. only a nigerian embassy or nigerian 'department of foreign affairs' (if...
by Muttsnuts
Mon May 16, 2011 3:55 pm
Forum: Ireland
Topic: Apostille stamp on Birth Certificate
Replies: 6
Views: 2724

all you need is a certified copy of his birth certificate. I had to do mine last week, paid Eur5 in Cork to get it certified by a notary public. Find you a notary public Thanks. But we actually need his birth certificate to be stamped with an apostille stamp. It is not for an immigration applicatio...
by Muttsnuts
Wed May 11, 2011 10:42 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

Otherwise, you will have to get your husband to do you a favour and get divorced ASAP. Divorce in Ireland is far from ASAP as far as I know. You're correct in saying that you can only avail of a right to remain in your own right if your husband divorces you. See Article 13 of Directive 2004/38 EC. ...
by Muttsnuts
Wed May 11, 2011 3:11 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

The kids are South African so I'm afraid the Zambrano decision will not apply in our case :( I don't have 5 years as yet, we arrived in September 2006 but only have the Stamp4 since April 2007 (due to the Metock case) so only legally resident here for 5 years in April 2012. Because of this PR and C...
by Muttsnuts
Wed May 11, 2011 12:15 pm
Forum: Ireland
Topic: deleted
Replies: 9
Views: 2066

You have assumed that the husband is coming to the UK for a visit with his wife but it may be that they are coming to the UK to settle Especially given that his wife is British. Yes, the 6 month visa is where there has been an application for a visit visa. I don't know the UK procedures, I'd only b...
by Muttsnuts
Wed May 11, 2011 12:10 pm
Forum: Ireland
Topic: Husband divorcing me, can I stay?
Replies: 24
Views: 4881

Re: Husband divorcing me, can I stay?

I am a South African married to an EU national (British) living in Ireland since 2006 on a stamp 4 with my two kids also on Stamp 4. My husband and I have been living apart since 2009 but were still friends. Now, he is moving back to South Africa to his new girlfriend, probably in the next 3 months...
by Muttsnuts
Wed May 11, 2011 11:54 am
Forum: Ireland
Topic: EU1 TEMP STAMP EXP 10 MAY STILL NO RESPONSE,,,,?
Replies: 25
Views: 4472

i got a email from them only said your application currently bring dealt with, now i dont know how long they cud take time,,,,,,any one has any idea,,,,pls Read my post. If it is an EU Treaty Rights application and you have received 6 months permission to remain on the foot of the application, then...
by Muttsnuts
Wed May 11, 2011 2:47 am
Forum: Ireland
Topic: deleted
Replies: 9
Views: 2066

That is interesting, so UK is breaking EU directive plain and straight. I suppose most people go for visa before travel just to avoid hassle at the immigration in UK. BTW biometrics is required for UK visas regardless of their type, right about Ireland but dont they take biometrics/photo at the air...
by Muttsnuts
Tue May 10, 2011 10:54 pm
Forum: Ireland
Topic: Student - dependants
Replies: 1
Views: 648

Re: Student - dependants

I am thinking of applying for a student visa to complete my MBA at the Galway university in 2013 - my question is wrt my dependants, which is basically my wife. I have been looking at the literature on the issue, but cannot find an applicable visa that would cater for her - we are from South Africa...
by Muttsnuts
Tue May 10, 2011 10:42 pm
Forum: Ireland
Topic: EU1 TEMP STAMP EXP 10 MAY STILL NO RESPONSE,,,,?
Replies: 25
Views: 4472

Re: EU1 TEMP STAMP EXP 10 MAY STILL NO RESPONSE,,,,?

friend of mine,,, TEMP STAMP EXP 10 OF MAY STILL NO RESPONSE,,,,THEY RANG HER EMPLOYER 1 WEEK BEFORE, ANYONE KNOW HOW LONG THEY COULD TAKE TIME? THANKS Are you saying that your friend made an application for an EU 1 stamp and received 6 months temporary stamp and is waiting on an answer to the appl...
by Muttsnuts
Tue May 10, 2011 10:34 pm
Forum: Ireland
Topic: McCarthy v Secretary of Home State The Judgement.
Replies: 24
Views: 8030

If the judgement of mccarthy was right, that means anyone from northern ireland cannot exercise there treaty right in United Kingdom and Repulblic of Ireland, both country will say they are citizens, that means they have to move to the third eu country, i think this is wrong, a condition that can n...
by Muttsnuts
Tue May 10, 2011 10:29 pm
Forum: Ireland
Topic: deleted
Replies: 9
Views: 2066

Re: from ireland to uk visa biometric,finger prints needed o

hi and thanks to every one who replies . i am asking this question for my friend he is non eu spous of british national and got eu4fam question is if he applies for the visa to uk from ireland does he need to give fingerprints biomatric data etc. or not thanx If he applies for a visa then yes biome...
by Muttsnuts
Sat Oct 02, 2010 1:06 am
Forum: Ireland
Topic: Stamp 4 expiring in 3 days time,,still waiting
Replies: 9
Views: 1927

It's very rare for the INIS to go beyond the 6 months time limit. This is a statutory time limit and must be complied with. If they are beyond this, write to them by registered post and point out their error, giving them a week to respond. If no response, another registered letter threatening high c...