Mess

Ben · Post by **Ben** » Sat Dec 12, 2009 10:36 am

Wee wrote:If my husband is banned would we able to move to Ireland?

Yes, subject to some conditions.

Wee wrote:And can he only join me if I am working in Ireland?

Not just working. After three months from arrival in Ireland, your husband's right to reside shall continue if you are working, self-employed, enrolled in a course of study or are economically self-sufficient.

Wee wrote:Does he need to apply for a visa, I have read somewhere on here that both of us can just turn up in Ireland without applying and telling them we are here under eu law.

Correct. But, if he can get from Dai Lok to Ireland without a visa, I shall tip my hat. Bottom line, the airlines undoubtedly will not let him fly without a visa. So, EUTR visa to be applied for from the nearest Irish mission in China. It's free.

Wee · Post by **Wee** » Sat Dec 12, 2009 11:06 am

What are his chances of getting the visa, I don't wanna go to Ireland and then find he can't get there. Am worried that I wouldn't be able to find a job, can I live off my savings and he would still be able to join me? I have read about a registration certificate that you need to apply for is that in the uk before you come to Ireland?

Would he then be able to come back with me to the uk after 6 months, this is when he applies for eea permit? And applying under eu law will mean he is not banned from coming back only applying under uk law he is?

So many questions I know but I'm guessing this is the best chance of being together.

Ben · Post by **Ben** » Sat Dec 12, 2009 11:34 am

Wee wrote:What are his chances of getting the visa,

Guaranteed, if he is the spouse of a British citizen who is or will be present in Ireland upon his arrival. It can be refused in rare circumstances though, if your husband poses a threat to public policy, security or health.

Wee wrote:I don't wanna go to Ireland and then find he can't get there. Am worried that I wouldn't be able to find a job, can I live off my savings and he would still be able to join me?

Yes. In which case you would be economically self-sufficient. Note that, in this case, you need to have comprehensive sickness insurance cover which covers both of you.

Wee wrote:I have read about a registration certificate that you need to apply for is that in the uk before you come to Ireland?

There is no such thing in Ireland.

Wee wrote:Would he then be able to come back with me to the uk after 6 months, this is when he applies for eea permit?

Correct - but you must have been engaged in economic activity in Ireland for six months (according to the UK's interpretation). This means working or being self-employed - not being economically self-sufficient.

Wee wrote:And applying under eu law will mean he is not banned from coming back only applying under uk law he is?

Correct.

Wee · Post by **Wee** » Sat Dec 12, 2009 1:16 pm

Can we stay in Ireland together if my husband finds a job but I don't? So how many things are there to apply for in order for us to be together in Ireland? We wouldn't be in a rush to get back to the uk, we just want to be together

Ben · Post by **Ben** » Sat Dec 12, 2009 4:32 pm

Yes. Husband can work, you can be a housewife, as it were. In this case, you would be considered economically self-sufficient. Don't forget the mandatory comprehensive sickness insurance cover for each of you.

The first step is to get the EUTR visa from your husband's nearest Irish mission.

Wee · Post by **Wee** » Sat Dec 12, 2009 5:14 pm

Thanks for your help benifa! We'll wait for the outcome of his settlement visa application and see how bad it is. Hope i'll be able to contact you in the future if we need to take the ireland route cos i want to make sure i know what im doing. By the way are you chinese yourself? i noticed chinese writing at the bottom of your posts

Wee · Post by **Wee** » Sun Dec 13, 2009 10:59 am

Does anyone know how long it takes to get eutr visa? Can he apply for one now even though I am not currently in Ireland and then when he gets his visa I can the move to Ireland?

Wanderer · Post by **Wanderer** » Sun Dec 13, 2009 11:24 am

Wee wrote:Does anyone know how long it takes to get eutr visa? Can he apply for one now even though I am not currently in Ireland and then when he gets his visa I can the move to Ireland?

NON EEA Family Member of EU Citizen

Spouse/Child
If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to join/accompany the EU Citizen in Ireland the following documents are required:
Application form.
Passport.
Marriage Certificate â€“ evidence (apostilled document) that marriage has been registered in applicantâ€™s country of origin/residence.
Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required).
Evidence that the EU Citizen spouse is exercising their EU Treaty Rights by being employed/self employed in the State or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover.

Wee · Post by **Wee** » Sun Dec 13, 2009 12:25 pm

Do I need to show a proof of address in Ireland? What I wanted to do if poss was for my hubby to get visa then we arrange somewhere to live. I don't wanna be stuck in Ireland for too long by myself, I would initially be living of my savings so if I sent my bank statements with my uk address on is this ok or do I actually need an Irish address?

Wanderer · Post by **Wanderer** » Sun Dec 13, 2009 12:41 pm

Wee wrote:Do I need to show a proof of address in Ireland? What I wanted to do if poss was for my hubby to get visa then we arrange somewhere to live. I don't wanna be stuck in Ireland for too long by myself, I would initially be living of my savings so if I sent my bank statements with my uk address on is this ok or do I actually need an Irish address?

Problem with this route is ur gonna have to make enormous sacrifices, totally change ur life....

U sure ur ready for this?

Wee · Post by **Wee** » Sun Dec 13, 2009 12:57 pm

This is the only way I can be with my husband isn't it? I can't live apart from him for too long. What other option do I have?

meats · Post by **meats** » Sun Dec 13, 2009 1:09 pm

Wee wrote:This is the only way I can be with my husband isn't it? I can't live apart from him for too long. What other option do I have?

To live in his country.

Dirk · Post by **Dirk** » Sun Dec 13, 2009 1:28 pm

You could chose to live with him in China, true there is no Chinese spouse visa however getting a job in China is as easy as eating lunch. The easiest way would be becoming an English Teacher, the official requirement is for a degree holder however its rarely enforced and your employer will probably help you get around that if you don't have one (if you know what im saying). Good place to look is on here, http://www.eslcafe.com/jobs/china/ also not sure which part of the country he is in however visa runs to Hong Kong are possible and there are long term multi entry visitor visas.

If after a year or so you have both built up your finances and sustained your relationship you could have another crack at the Spouse visa providing they haven't refused him for deception in which case the EUTR route is your only one available.

Wee · Post by **Wee** » Sun Dec 13, 2009 1:53 pm

Thanks people for your advice. Personally me and my husband would prefer to live in an English speaking country like Ireland. I don't know what to do for the best, am pretty sure my hubby is gonna get refused for deception, from what I've read on here one mistake and they accuse you of deception and he's made too many mistakes.

meats · Post by **meats** » Sun Dec 13, 2009 1:58 pm

Wee wrote:Thanks people for your advice. Personally me and my husband would prefer to live in an English speaking country like Ireland. I don't know what to do for the best, am pretty sure my hubby is gonna get refused for deception, from what I've read on here one mistake and they accuse you of deception and he's made too many mistakes.

Sometimes you don't always get what you 'prefer' and with the number of mistakes your husband has made it looks like you might be moving to China in order to be together. Or if you want an English speaking country then look at Singapore, although they're pretty strict with immigration at the moment as there was a high amount of locals unemployed recently.

Wee · Post by **Wee** » Sun Dec 13, 2009 2:07 pm

So we don't even have the eutr route as an option now?

meats · Post by **meats** » Sun Dec 13, 2009 2:15 pm

Wee wrote:So we don't even have the eutr route as an option now?

Refer to what others have said on here.

Wee · Post by **Wee** » Sun Dec 13, 2009 2:25 pm

Just when I thought we had a possible solution to our problem, am devastated.

Ben · Post by **Ben** » Mon Dec 14, 2009 2:21 pm

Hi Wee,

I'm going to respond to your PM on-thread, if you don't mind.

The EEA / Singh route is still available to you and your husband.

Others on this thread have merely suggested alternative possibilities for you to consider, so please do so.

Singapore may be an attractive option for a British citizen and a PRC citizen, if for no other reason than that both Singlish and Singdarin are widely spoken there (sorry, English and Mandarin). Immigration rules, however, are rather strict in Singapore - especially in the current climate. Accommodation can also be prohibitively expensive for non-citizens / non-PRs.

I've no idea about the viability of you moving to China. Worth looking in to though?

Wanderer is right, moving to Ireland (or anywhere, really), is a big step. Very big. If you do decide on this route however, and if your ultimate goal is to move back to the UK (under the EEA regs), remember that it is dependant on your having worked in Ireland for at least 6 months (again, according to the UK's interpretation of Singh). Thing is, jobs in Ireland are scarce.

Wee · Post by **Wee** » Mon Dec 14, 2009 7:01 pm

Thanks benifa

What are the chances of my hubby gettin the eutr visa then the eu1 if he has been refused a uk visa on the basis of deception?

Also I have hong kong permanent residence through my parents being originally from there, does this give me any rights to live in china?

Ben · Post by **Ben** » Mon Dec 14, 2009 8:34 pm

Wee wrote:What are the chances of my hubby gettin the eutr visa then the eu1 if he has been refused a uk visa on the basis of deception?

It will not affect it at all.

Wee wrote:Also I have hong kong permanent residence through my parents being originally from there, does this give me any rights to live in china?

Possibly. I'm not an expert in PRC nationality law by any means, but if you are of Chinese ethnicity and have permanent residence in HK, you may already be a PRC citizen. Hopefully someone else who knows better will come on and clarify that though.

mochyn · Post by **mochyn** » Mon Dec 14, 2009 10:01 pm

When was the last time you were in HK?
It may be that you have lost your right to permanent residence in HK.
I had permanent residency in HK but will lose it very soon as I have not been there for over 2 years

Wee · Post by **Wee** » Mon Dec 14, 2009 11:33 pm

Last time I was in hk was in march 08 to get the hk id card which gives me permanent residence because my parents are from hk. I don't think it gives me any rights to live in china does it. I thought hk was a part of china?

Ben · Post by **Ben** » Tue Dec 15, 2009 9:50 am

If Wikipedia is anything to go by (cough), then "Hong Kong residents of Chinese descent are Chinese nationals, whether or not they have acquired the right of abode in foreign countries."

You should check this further, but, as a permanent resident of HK who is of Chinese descent, it looks like you may already be a Chinese national.

mochyn · Post by **mochyn** » Tue Dec 15, 2009 2:50 pm

You do not have an automatic right to live in China as Hong Kong is a Special Administrative region.
Also I think you may have a language problem as you may speak Cantonese and not Putonghua

Immigrationboards.com: Immigration, work visa and work permit discussion board

Mess