Irish Visa D for EU family member

[Emc]

Hi, i am starting a new subject, cos will be applying for Visa D to go to Ireland to join my British husband, i am Russian, i was told by the embassy that my husband has to have a job in Ireland in order for me to apply, Is it true?

The problem we have is that he will be traveling to Ireland soon to start looking for a job and i will have to be separeted from him and wait till he gets it, so i can ask for visa, which could take a few months. When i said this to the visa centre, they replyed that some people are waiting for a year before they can be together and i shouldn't complain about our predicament.

Any one with great ideas?? please??

[acme4242]

i was told by the embassy that my husband has to have a job in Ireland in order for me to apply, Is it true?

Your EU husband is entitled to bring you to Ireland while he looks for a job.
It is listed on the INIS website that your husband must have a job,
but this visa requirement is against EU law.

Later, when you apply for a 4EUFAM card, then your husband needs to be in a job
When you arrive in Ireland you go your local GNIB police station,
They should issue you with a 6 month, "STAMP-4" allowing you to work straight away if you can find any work.
After 6 months you apply for a 5-year 4EUFAM. At this stage your husband needs to be in a job, or be a student etc.

I read in one old >reply< from the Irish, that Family members of EU citizens should be issued with Class-D multi-entry Irish Visas.
Only documents required are both passports, you and your husbands,
and your marriage cert.

Its EU law. Directive 2004/38/EC , implemented in Irish Law with SI 656 of 2006 (amended by SI 310 of 2008 )

[Emc]

hi acme4242
Thank you for your reply, thats what i thought should be, but as you pointed out the Irish embassy chooses to ignore EU freedom of movement and post extra documents requered on their website.

I ve got just one more Question- Does my husband need to be in Ireland and be looking for a job and do i have to prove his presence there to the embassy while applying? i believe thats where he ll excerses his 3 months right of free movement in any EU and i can join him? Cos i really want to be with him asas, not be abroad , just becouse Irish embassy decides to reject EU law.

[acme4242]

I ve got just one more Question- Does my husband need to be in Ireland and be looking for a job and do i have to prove his presence there to the embassy while applying? i believe thats where he ll excerses his 3 months right of free movement in any EU and i can join him? Cos i really want to be with him asas, not be abroad , just becouse Irish embassy decides to reject EU law.

Both you and your husband can travel together, and you can apply for
residency as soon as you get to Ireland. With your husband.
This is your husbands right, as a EU citizen. Its the law.

Now the visa issue, you can apply for a short term visit visa Class-C,
or the long term Class-D.
It really does not matter, because as soon as you get to Ireland with
your husband, you can apply for residency.

In fact, the EU case Law states , it does not matter how you enter the
country, and you cannot be refused entry, as long as you are in the
company of your husband. With your marriage cert as proof.
Even you have no visa at all. But no-one wants this hassle and
conflict. Even getting on the aeroplane might be impossible,

[Emc]

What you are saying is the right thing according to EU laws, i just with people like you were employed at the Irish embassy.

To get visa C they requested from me return tickets for both of us and a letter from my husband stating that we promise to leave Ireland on the date of tickets and if we dont this letter will be later used against us when i try to get residency card. They blatantly blackmailed me on the phone.
I shall try to get visa D i think, cos if they refuse i can stick the EU Directive under their noses. And as for applying for visa D they said without hubby having a job the list of documents requered is incomplite and i wont get it. So i will have to decide if i want to go into battle with them or wait for hubby to get a job. The whole experience with Irish embassy just sucks. At least this forum gives some hope and support .
Thanx again

[acme4242]

The requirements listed on the INIS website for visit Class-C visa are
passports, marriage cert, and tickets.
Actually, yet again, EU law say the Embassy cannot demand tickets prior to
issue of visa.
But you start to see the pattern, all these Embassies want to push a little bit
beyond the law

Anyway, be polite with them, and quote their own website. and EU law.
there is nothing about such letters from your husband, they don't know
their own rules, and are making it up as they go along.

[acme4242]

quote from here
http://www.europarl.europa.eu/registre/ ... 991_EN.pdf

=================================================================================
The Irish Permanent Representation replied by letter of 13 April 2006 in which they acknowledged the problems Mr R.D. and his spouse encountered while travelling to Ireland and they conceded that the requirements did indeed violate Community legislation.

They also informed that for the past twelve months, the requirements for third country family members accompanying a Union citizen travelling to Ireland are as follows - passports of the applicant and Union citizen, the original marriage certificate and three photographs. Moreover, all Irish Embassies and Consulates have been reminded of these requirements.
=================================================================================

The Irish Permanent Representation who wrote this reply was Irish Ambassador Bobby McDonagh

[Emc]

yes, its all there and i shall definatly use it, just a shame that irish immigration officers still refuse to except it . I am sure they know about it, but choose to ignore to make our lifes more difficalt.

[acme4242]

I can only say, be polite and sweet with them, but let them know
you know the law and rules.
Request them to put in writing, (for you to use as evidence)
anything that is beyond lawful requirements. or even INIS
requirements. e.g. that you husband must write a letter

Perhaps, you could get your husband to ring the Irish Ambassador himself, it might be sorted.

Anyway, hopefully it will not get too silly, but just in case.

Do you think that your rights were violated?

If you think that your right to move and reside freely has been
violated, you should seek redress before the competent national
courts or administrative bodies.

If your problem was caused by the misapplication of Community
law by national public authorities, you can use the SOLVIT
system, an on-line problem solving network in which Member States
work together to solve problems without legal proceedings. For more
information, please go to http://ec.europa.eu/solvit.

You can lodge a complaint with the European Commission at
http://ec.europa.eu/community_law/complaints/form.
In order to lodge a petition with the European Parliament, please go to
http://www.europarl.europa.eu/parliamen ... anguage=EN.

[Emc]

right, i ve just sent a long email to the visamail@justice.ie explaining all the rights for us from EU Directive and pasting the link of petition you provided for me, asking them to give us clarification on why the EU regulation is not beeing applied and all the extra documents requered.

Phew........ will wait for reply next week. Will post on here when got it.

Thanx for giving me the info and support, cos we all need to stick together to stand for our rights, which are so easily being taken away by
authorities of some countries who choose to ignore EU laws.

[ciaramc]

Hey just reading the post here and I'm also applying for a visa for my spouse, I'm Irish but live in another EU country and my husband is Non EU we were informed by the embassy to apply at the embassy providing a long list of information, i informed them this was against EU regulations....and they soon changed there tune....the consulate herself emailed me back telling me all was needed was our passports and marriage certificate, make sure you get everything in writing!!!, But we were told we had to give them a summary sheet....which is the application you have to fill in online which is like 12 pages long!!! Nightmare!

[Emc]

hi, ciaramc, thanx for posting the info, we are desparate in our attempts to convince the consulate that under EU law the only documents we need are passports and m.certificate, application, photos. The Irish embassy in Moscow doesnt even have the email address for us to write to. Could you pls tell us in which country did you win the battle with Irish embassy and maybe you can give us the email address for them, so we can cut through to Moscow consulate. My husband finished his job in UK now and we want to move to Ireland asap, but becouse of the stupidity around the practice of EU law by irish embassy he has to have a job first , which means we ll be spending Christmas in different countries. I would love to hear how you made the consulate see the light of law and get the visa!! pls help !

[Emc]

after all the supporting posts i ve decided to send email to the visa section , i finaly found their contact details. I ve sent a very long and detailed emal with all the links to EU directive, laws, regulations, EU citizen rights, exc. Also explained our situation and asked for conformation that according to EU freedom of movement my husband and i must only provide our passports, m.cert. , photos and application in order to get my visa and travel together to Ireland for the first time.

I just hope that it will not be some front line Ruski replying-NO, what you need is ........ Becouse talking on the phone to one of them makes me want to pull my hair out ! They are just trained to say NO you are wrong, they even told me that spouses of EU members have the same requements for visa as spouses of Irish citizens. Just shows how neglected the EU rules are!

As soon as i get a reply i ll post