Apply for Visa for Non-Eu Irish wife but applying under EU .

[ciaramc]

It's beena ges since I've been on here....but thought I would come back and ask your opinion...ok so myself and my husband of 5 years are applying for a visa to move home to Ireland (Well he is applying, don't ask us why but I want to go home).

Anyway off we went to the Embassy after filling out the application form online....(he has already had one visa for Ireland and holds a valid EU residency card). So the I explained we are apoplying under EU rules and not National law as I have lived and worked exercising my Treaty rights for the best part of 10 years within Europe.

She tried to tell me that EU law does not override National law....to which I replied yes I understand but when I'm moving home i want to be considered under EU law for my husbands immigration purposes! This means we only have to submit marriage certificate original, passports, and photo's. But she wanted our daughters Birth certificate which will take 20 days to get....she said it would help the application...which I found very strange but we are getting it anyway...every little helps.

Anyway my question is she told me to write a cover letter outlining I was applying under EU law and I had already spoken to the consul at the embassy and when my husband was previously issued with a visa it was accompanying EU spouse......just not sure how to word it???

Any tips?

[Trimax]

Immigration counsel Ireland.

http://www.immigrantcouncil.ie/contact-us

Call them on 016740200

Its free and they can provide expert advice.

[ciaramc]

Thanks Trimax.....I had contacted these a while ago and they informed me as I was Irish they couldn't help???

Anyway...I know what I have to apply for just the fact I've to write a cover letter is driving me mad...as I know what to say just not sure how to say it....IYKWIM????

[ca.funke]

Hi ciaramc,

I´m sure you mentioned it somewhere in the forum, but can´t find it now...

...may I know in which country you are living in at present?

Rgds from Switzerland,
Christian

[ciaramc]

Christian! How are things......yes I've mentioned it a couple of times...I'm in Italy!

[ca.funke]

Christian! How are things......yes I've mentioned it a couple of times...I'm in Italy!

Oops - now that you mention it I remember... Anyway.

I was asking as in some countries it´s sort-of easy to get citizenship, which in turn would allow you&ur husband to move to Eire without restrictions.

And as far as I remember Italy is a bit disorganised and bureaucratic, but not so hard on potential new Italians? Check out if it´s worth a try!

[Obie]

That is an excellent idea Christian. EU nationals can acquire Italian Citizenship after 4 years of residence, and Spouses of Italian nationals can also acquire Italian citizenship after 3 years of residence, which is reduced to 1-2 years if the Italian national has a child with the non-EU spouse.

That is certainly worth considering, if Ciara has lived in Italy for the length of time.

[ciaramc]

Thanks for the comments...the thing is....we don't want to stay here any longer(italy).....I could apply for citizenship....probably take me best part of a year....but have a little problem...I work for an international organization for the past 4 years so don't pay Italian taxes....which is a big part of applying for citizenship...I know I could still get it (citizenship) a friend who works with me got it, as we are employed in Italy just tax exempt.

But it would mean having to jump through a few hoops....which I really don't want to do...at the moment my husband can travel through Europe with his Italian permit of stay and we just apply for a visa for Ireland...but in the long run we would wish to apply for Irish citizenship.....as that is where we plan on basing ourselves!

Having said that...my hubby would need another year andahalf before being eligable...as he has a permit of stay but only applied for offical residence last year!

Anyway I will start composing the letter to be sent with visa application ....

[Directive/2004/38/EC]

ciaramc,

Surinder Singh (Case C-370/90 The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department) is the case you want to mention in your letter.

You will want to mention that you have been exercising your treaty rights in Italy by working, and that you intend to continue to work on your return to Ireland.

That should do the trick, hopefully!

[ciaramc]

Hello again all,

Well we applied for the visa and this is the responce I received from them (Embassy in Italy)...total idiots!

I have been advised by department of Justice the type of visa you have applied for is not the correct type for your case as
> your wife is the holder an Irish Passport and therefore you should be applying for a Spouse of Irish Visa.
>
> Ms XXX can however, exercise her Eu Treaty Rights in Italy, as she is
> living and working there, the Italian authorities could issue Mr XXX with an Eu Fam Card.
>
> In order to obtain the Spouse of Irish visa he is required to submit the
> following:
>
> Relationship History - documentary evidence to support - wedding photos etc
> Full copy of her passport
> Bank statement
> Best Regards,

I am responding now informing them as stat4ed in my cover letter as I have been exercising treaty rights I expect my husband to be issued with a visa?? What else should I say? Provide links to?

[koded]

I still cannot understand what is going on in Ireland immigration. Some of those guys working in INIS has background of law. Don't they understand that your spouse is entitled to apply for visa under EU law since you have exercised your eu rights in other country. Why are they pretending like they dont know this. Or are they just trying to make things difficult for you.
Also, I used to see the content of the letter some people recieved from INIS and it looks so funny like it is not coming an expert.

It is even mention in their website that your spouse has right to apply under eu right. check the FAQ the last part
http://www.inis.gov.ie/en/INIS/Pages/EU ... FAQs#irish

[Ben]

Hi Ciara. Seasons greetings!

Bless. You've had your first little taste of nonsense from the Department of Justice! That's one to stick on the calendar.

Your husband should reply to the letter, quoting Singh, and insisting that the EUTR visa is issued as soon as possible, free of charge and on the basis of an accelerated procedure.

Documents required - completed application form, passport photos, passports, marriage cert, proof of your pursuance of economic activity in Italy. That is all.

Birth cert of your daughter, my arse.

[ciaramc]

GOT IT....well still has to be picked up.....but the Embassy just told me I won!!!

[Ben]

Yay! Felice Anno Nuovo!

[ciaramc]

Hehehe thanks Ben I know...had Solvit an all involved only sent docs to them yesterday......but I think my emails to them got them scared....now am I mad to be moving to Ireland when everyone is running away???

[Ben]

Put it this way, first payslip of the year - five mandatory state deductions:

PAYE
PRSI
2% Levy
4% Levy
7% Levy.

Between the missus and me, we're down €200 a month in 2011 compared with 2010.

It's not too late to stay in Italy..

[ciaramc]

Yes but I'm not happy here.....

We only have 1 wage coming in....
850 rent
200 bills
600 daycare????
*** food
and we have no family to help!! My only fear is not finding a job!

[Ben]

Well, you're Irish, so you have that in your favour. Where are you headed to, Dublin?

[ciaramc]

Yes...it is more my hubby....I'm sure I'l find something...I have alot of experience and plan on doing some evening courses and would love to study....but my hubby is not a qualified person and he is a forgeiner to boot!

Hopefully it will work it's self out....just in todays economy you can't really look for work till you get to the place!

[doesnotcompute]

Ciaramc, can u advise what type of visa your husband applied for? I'm Irish and myself and the wife are moving home to Ireland later this year and intend to use Surinder Singh, but I'm not sure what visa she has to apply for. I think it's a Long Stay she needs, correct?

[ciaramc]

Yes it is long stay wife of EU spouse not wife of Irish spouse which the Embassy tried to make me apply for! will send you a private mail with details!

[Irisheddy]

my hubby is not a qualified person and he is a forgeiner to boot!

That is no reason to boot your husband.

[laspo24]

Yes it is long stay wife of EU spouse not wife of Irish spouse which the Embassy tried to make me apply for! will send you a private mail with details!

could anybody advise me on what way will be easier to apply for Irish visa as me and my wife have wedding to attend in match. She is Irish and I got my UK residency through EU law as she has been exercise her treaty right and still does .
Any advise will be helpful.

[fatty patty]

Yes it is long stay wife of EU spouse not wife of Irish spouse which the Embassy tried to make me apply for! will send you a private mail with details!

could anybody advise me on what way will be easier to apply for Irish visa as me and my wife have wedding to attend in match. She is Irish and I got my UK residency through EU law as she has been exercise her treaty right and still does .
Any advise will be helpful.

If you are a family member of EU citizen you can travel with your EU spouse to anywhere in EU without having to get a visa as per EU family directive but this applies to schengen states.

Do they a need a visa?
If you are an EU national but your family members are not, they can accompany or join you in another EU country. They must carry a valid passport at all times and, depending on the country where they are from, they may also be required to show an entry visa at the border.

Your non-EU spouse, (grand)parents or (grand)children do not need to get a visa from the country they are travelling to if :

that country is in the Schengen area (see list below) and they have a residence permit or visa from another Schengen country,

or

they are travelling with you or travelling to join you and have a residence card issued by an EU country (except the country you are a national of). The residence card should clearly state that the holder is a family member of an EU national.

Countries in the Schengen area

Austria
Hungary
Norway
Belgium
Iceland
Poland
Czech Republic
Italy
Portugal
Denmark
Latvia
Slovakia
Estonia
Lithuania
Slovenia
Finland
Luxembourg
Spain
France
Malta
Sweden
Germany
Netherlands
Switzerland
Greece

Your registered partner and extended family - siblings, cousins, aunts, uncles, and so on - can ask the authorities in an EU country to officially recognise them as family members of an EU national. If they obtain recognition, they won't need a visa to enter that country - they will receive the same treatment as your spouse, parents and children.

EU countries do not have to recognise registered partners and extended family as your family members but they do at least have to consider the request.

To avoid problems, contact the consulate or embassy of the country to which you are travelling well in advance to find out which documents your non-EU family member will be asked to present at the border. This will help to avoid unpleasant situations such as non-EU family members being refused entry because they do not have the required documents.

Be aware that some countries may fail to apply EU law correctly and your non-EU family members may be denied some of their rights, as described here.

If you have problems, you can always contact our assistance services.

Applying for a visa
If your non-EU family members need an entry visa, they should apply for one in advance from the consulate or embassy of the country they wish to travel to. Their application should be processed quickly and free of charge.

Countries which are members of the passport-free Schengen area should deliver visas within 15 days except in rare and duly justified cases. In all the other countries - Bulgaria, Cyprus, Ireland, Romania and the United Kingdom - visas should also be delivered as quickly as possible.

The documents that your non-EU family member needs to apply for a visa may vary from country to country. Before travelling to another country, contact the consulate or embassy of that country to find out what documents your non-EU family members must submit with their visa application.

source: http://ec.europa.eu/youreurope/citizens ... dex_en.htm

But you can apply for Irish visa in the Irish embassy it will be given to you free of charge.

http://www.dfa.ie/home/index.aspx?id=33706

[Ben]

my hubby is not a qualified person and he is a forgeiner to boot!

That is no reason to boot your husband.

I lol'd @ this.