Granista wrote: ↑Fri May 29, 2020 9:46 am
You won't get approved as an asylum seeker as you had a wife and children in another EU state and therefoe never had any need for asylum in Ireland.
You won't get approved as EUFam because the fact that you chose to apply as an asylum seeker shows you are not in a genuine and subsisting relationship with your wife.
Bad move.
The above is not accurate whatsoever. You cannot speak in such categorical terms like that (i.e., "Won't" get approved as an asylum seeker). You do not know the nature of his claim, and his reasons for claiming asylum could have arisen after he left his country of origin or country of former habitual residence (he could easily have a refugee claim sur place).
You equally cannot say he "won't" get approved as "EUFam" because he chose to apply for asylum. A number of persons, particularly from Pakistan for instance, are granted EU Fam Permission when their EU (normally UK) national family members take up residence in the State but *after* he applied for asylum.
A person who applies for International Protection is entitled to withdraw their application under the International Protection Act 2015, and it can lawfully and reasonably be done if an alternative method of staying in the State arises, such as the taking up of residence in the State by his EU national wife/family therefore giving rise to his making an EU Treaty Rights Application.
The EU Treaty Rights Investigations Unit will for sure look into his application(s) for EUTR permission, but as long as he fulfills the requirements of the European Communities (Free Movement of Persons) Regulations 2015, and there is no proven M.O.C or abuse of rights, then he will be issued with a residence card, all other things being equal.
Applying for International Protection does not show he doesn't have a genuine and subsisting relationship with his wife. He very well could explain to the EU Treaty Rights Unit that he was ill advised, for example. There are many reasons why people apply for XYZ (including reading inaccurate responses like yours to genuine queries)