Irish embassy in South Africa / rights of EU Citizens

[steff]

Hi all,

as I am in a desperate situation and I don't have any clue who to approach I hope you guys can give me an advice.

My husband is Congolese and I am German. We got married in South Africa 1.5 years ago also living here.

I got a job in Ireland and so we planed to relocate end of June.

As I will exercising my Free Movement Rights as a EU Citizens my husband applied for a short-term C visa under the Directive 2004/38/EC.

The application was handed in at the Irish consulate in Cape Town on the 20th of May 2014 to get forwarded to the Irish embassy in Pretoria.

On inis.gov.ie I found "Guidelines for Visa Officers" for "Processing of Applications for Visas by Persons applying as Family Members of EU Citizens exercising or planning to exercise Free Movement Rights under
Directive 2004/38/EC" where it is clearly stated that the visa has to be processed within 4 weeks.

As I called the embassy in Pretoria on the 26th of May 2014 to ask if they received the application from the consulate in Cape Town they didn't have any idea what I meant as I told them that we were applying under the Directive 2004/38/EC.

I also send them an e-mail informing them about the circumstances, the directive and the fact that those applications need to be processed accelerated.

They confirmed via phone that they received the mail - but the lady didn't "have time to read it". She assured me that she is the only one processing visas for the Irish embassy in South Africa and that an application takes up to 8 weeks.

My problem: I need to leave South Africa end of June to start my new job. Without me my husband will also need to leave South Africa - means he would need to go back to Congo - an area which is currently a war zone. As you can image I am VERY concerned.

I want to complain about the embassy and their bad knowledge of EU regulations - hoping they could still issue a visa in time.

I heard about SOLVEIT - but I saw on their website that they can take up to 10 weeks to solve a case - and that would definitively be to late.

Any ideas what I could do?

Thanks so much!

[steff]

Update:

I just sent an e-mail to the Irish ambassador in South Africa. I doubt that it will change anything - but I thought I might give it a try...

[thepiratequeen]

Where is your new job located? Will you be visiting, before moving? I ask because I would contact the local TD or councillor for some help. You could also visit the citizens rights office

[Conejo77]

Hi,

I suggest you to go to Germany (maybe stay there with some of your family), as it can be fairly easy to get a permit for your husband in a German Embassy to get out of there (as your husband he will have some rights), rather than to any other European embassy. I think all Irish embassies will be very slow in processing any document.

And once your husband is in Germany it might be easy for him to get a visa for Ireland.

Any way hope you all the best.

Conejo

[357mag]

Dont think they will be allowed to board a plane without visa

[Conejo77]

I know Mag, that's why I suggested to get a permit/visa in a German Embassy,... as they are married it should be fairly easy to get a visa to go to Germany.

Sorry if I wasn't clear.

Cheers

Conejo

[357mag]

Dont think they can do it in 4 weeks, as the OP says they want to be in Ireland by end of June. I would suggest contact employer and explain delay because of visa and just wait in SA for it to happen.

Just thinking why not OP goes to Ireland and husband stay in SA but reapplys for visa to join spouse.

[steff]

Thank you guys!

I didn't see your posts earlier as I thought I might get a mail or so

So quick update:

After complaining to the Ambassador as well as to the Irish Naturalisation and Immigration Service they started processing my husband's visa. Since the application is in the system of the Irish embassy I called them on a daily basis and got confirmation yesterday that it will be processed within time. Today they confirmed that there will be an outcome next week - so I will give it a try on Wednesday and keep all fingers crossed that it gets approved (even though their is no reason to refuse it - but hey - I am living in Africa since a while and nothing is impossible!).

A have a quick follow up question:

I have not booked our flights yet but would like to do so today as they are getting more and more expensive. On the visa application we entered 26/06 as "Dates of travel from". Could we book a flight for the 25/06 (Cape Town - Dublin)? That means that we would arrive in Ireland on the 26/06. Or is the travel date only a "suggestion"?

Thank you guys so much!

And by the way - We will move to Cork!