Urgen advice needed!! Irish visa for EU family

[Emc]

Hi, all really need your advise... I just been to the Irish consulate and submitted my visa application type D travel to ireland with EU spouse with all the documents they asked plus some extras such as photos of me and my hubby and prove of address for our last home in UK.
I had my UK visa declined in October, thats why we are doing EU route. Irish visa office asked me to provide the refusal letter from UK immigration.
Can they ask me for that? If i am applying under EU freedom of movement?? I have a short time to get back to them, please advise ASAP

Thank you

[scrudu]

Yes they have a right to ask you for it if it's pertinent to the case. If they suspect an applicant to be a danger to the state (can't remember the exact wording for that), then they don't have to grant you a visa. They most likely want to see why you were refused in case they are grounds which would give cause for concern.

[acme4242]

To be honest, I don't know the laws and rules around this issue.
I can only give high level opinion.
Perhaps some of the more knowledgeable members can clarify.

====================================
It is your Husbands right under EU law, as he is a EU citizen, that you can
go with him or to join him in Ireland. And any such visa "issues" in your
past history no longer matters.
Its not you that matters, its your husbands rights that matters.

They cannot reject your visa application, unless they can establish you
are a threat to national security, public policy, or there is some world wide
medical emergency ongoing.
These type of assessments, are not made by some grunt working in
the Embassy, its usually high profile, and in the national papers.

They might be nosey, to find out, why you got refused a UK visa.
As Ireland are now like a dog on the leash, and obey and copy UK's immigration decisions.
So, for this reason, I'm afraid, to proceed, you might have to satisfy
them.

But in Law that cannot do anything about this. unless your UK visa
problem was for national security, public policy reasons. or bogus
marriage reasons,
====================================

[Emc]

thanx guys for your advise, i thought the same, but needed reassurence.

i have just spoken to immigration solicitor in UK and she advised me to submitt the refusal letter, cos its important for the Irish to see that it wasnt refused on the basis of a sham marriage or serious criminal conviction or the desiease. Its non of that, its only previose immigration history faults, so i shall send it off by fax to them.

She also said that under EU law they cant refuse my visa, just becouse UK did. ok, i ll post any news as i get them, i will be praying to get it sorted soon.

[acme4242]

The new "Guidelines on free movement and residence rights of EU citizens and their families"
Gives some rules, and guidance for different situations.

[auto_w]

Good guidelines but reality differs a lot