eu spouse married to non eu-national - immigration problems

[miel]

Just looking for some information?

I m considering moving to Ireland...Im (IRISH) with my husband who is from a visa required country....my husband has had many problems with immigration ...i.e he came to Europe illegally ...but has since been granted a residence permit???

My question is will all of his immigration difficulties be taken into account when we apply for a visa? To live in Ireland? Obviously it is better to tell them all but can they uise this then?

I would much appreciate any advise anyone has on this matter.

miel******

[CloggieVodka]

Hi miel,

Can you provide some more details? there are several ways to go about it, the best way depends on your situation.

1- what nationalities do you both have?
2- what EU country does your husband have residence in? also.. do you have official documentation to show this? you'll be needing it!
3- how long have you been married? any children (this will be taken into account)
4- was your husband ever served with a deportation order?
5- how long has your husband lived (legally!) in the EU? (minimum of 6 months required for EU1 application process).

As it stands, legally, they can't NOT allow your husband to immigrate to Ireland if he's had a bad immigration history, providing that he has a legal /residency status within the EU now.

[miel]

Thanks Vodka,

Well my husband is Tunisian and Im Irish! Yes he has residence now but only recently everything is a bit backward here ITALY.

I was just worried that they can use it as the UK embassy did with friends of ours they were told because her husband entered Europe illegally that the would not grant him a british Visa?

[CloggieVodka]

Hi miel,

seems that, providing your husband has lived legally in the EU for a period of 6 months (provision 3(2) of the EC directive governing immigration), your husband is perfectly entitled to residence and stamp 4 (no work permit required) in Ireland.

Application through EU1 should be complete in 6 months (during which it is certainly advisable NOT to travel outside Ireland (and not to fly within Ireland)) as you will be questioned again by immigration control at the airport.
also, please be aware that INIS will say it will take 6 months to process, to expect 8-9 months would be more realistic.

Make sure you submit all documents mentioned on the form, as well as the (omitted but required) proof of legal residence in an other EU country (covering no less than 6 months).
If you married abroad, get a legal & certified translation of your marriage cert first (with apostille attached).

If the 2 of you are already here, then go for EU1, if he's still abroad, you should apply for Type D (spousal) visa first, which should not be a problem.
You might also want to check some other threads on the forum, which detail responses that people got from their embassies, when asked about the EU1 applications (advise: take trust the forum, take the advice of the embassies abroad with a pinch of salt and bucketload of scepticism).

[cowper]

Hi
My partner entered illegally in Europe as well and he got the D visa for partner of EU citizen but it took us 9 months and the support of a TD. So it is possible although it takes some time... We got a rejection for the visa, we appealed, we tried again... We managed only thanks to a dedicated TD. So good luck...
Cowper

[miel]

So you think there is hope...I really feel that they are really coming down on people entering illegally!!!

But I will bear up as I see people in our situation have made it true ok

I will keep you all posted....on further developments

[archigabe]

In theory, your spouse need not have resided legally in another E.U country for receiving a residence card.However, the Courts have introduced a caveat that the situation should not be similar to the AKRICH case.
Here's the judgement from the Jia Case,''

1. Having regard to the judgment in Case C-109/01 Akrich [2003]ECR I-9607, Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State

''

http://eur-lex.europa.eu/LexUriServ/Lex ... 003:EN:PDF

[clm]

Hi There,

I am in a similar positon. I am Irish, my husband is from Moldova. He has just two weeks ago moved to London on a 2 year spouse visa. I have been here 6 years.

He lived in Ireland illegally for 3 years. He was not deported, he left legally.

All my family are in Ireland and we want to go home to visit soon.

We have had horrible experiences so far with ECO's and at heathrow airport.

Will the Irish embassy grant him a visitor visa? If yes, then can passport control at Cork airport refuse him entry?

I dont want to jeopardise our chances of possibly moving home to Ireland after 5-10 years.


Thank you.

Claudia

[Directive/2004/38/EC]

Hi There,

I am in a similar positon. I am Irish, my husband is from Moldova. He has just two weeks ago moved to London on a 2 year spouse visa. I have been here 6 years.

He lived in Ireland illegally for 3 years. He was not deported, he left legally.

All my family are in Ireland and we want to go home to visit soon.

We have had horrible experiences so far with ECO's and at heathrow airport.

Will the Irish embassy grant him a visitor visa? If yes, then can passport control at Cork airport refuse him entry?

I dont want to jeopardise our chances of possibly moving home to Ireland after 5-10 years.


Thank you.

Claudia

If you are married and you are an EU citizen (including Irish) and you want to go together to Ireland, they are pretty much required to issue him a visa and they are not allowed to refuse him entry at Cork airport or anywhere else (as long as you are travelling together and both have valid passports and carry your marriage certificate). You should carefully read the Directive 2004/38/EC material at http://eumovement.wordpress.com/directive-200438ec/ as this is the basis of your rights in the EU.

Note that him being illegal in the past is usually not enough for them to refuse a visa.

[clm]

Thank you so much for your reply. Tried to look on the Irish embassy in londons website for visa forms and issue times etc, but it does not seem to be working- typical!

[Directive/2004/38/EC]

The Irish embassies have VERY bad web sites. The few that were good, e.g. Berlin, has been shut down. Don't expect any good information - some of it is just wrong.

Check the govt links at http://eumovement.wordpress.com/info-ireland/ for forms and partial-information.