Guidance on complex case

chebas · Post by **chebas** » Thu May 19, 2011 6:16 pm

HI Guys....

My brother in law is a non - eu national, he has been studying and living in ireland for the last 4 years with a student visa, for the last 2 he has been going out with a non irish but eu-national they have been living together but have no factual proof until they put the rent on both their names. He has always worked hard and hasn't done nothing that could be seen as wrong.

His plan was on getting his stamp 1a to get the full 35 hours accountant permit as he is doing his ACCA. However the law changed at the beginning of the year and he has to have an irish level 7 degree (he only has a level 6 degree at the moment).

So he needs to renew his permit in October to stay and as I see it he has the following options:
-Stay as a student but study something other than english (find out what is the most cost effective option)
-Revalidate his studies from mexico to an irish level 7 degrees (he has more than enough marketing studies in mexico to get to prob level

and get the acca stamp 1a
-Try to somehow get evidence of him being together with his partner and get the stamp4
-Try to get another job that will sponsor a visa

Am I missing anything? Could I look at this in another way. He doesn't want to go back as most his life is here.

I appreciate your time. Thanks

Chebas

ImmigrationLawyer · Post by **ImmigrationLawyer** » Fri May 20, 2011 8:45 am

He should try the de facto EU application as this is the strongest type of residency. It should not be too difficult to prove - just need proof of address. Affidavits or statements from other ppl who know them as a couple (living together) may help. O/w he shoudl try to renew as a student until he has enough proof of address.

Monifé · Post by **Monifé** » Fri May 20, 2011 9:23 am

ImmigrationLawyer wrote:He should try the de facto EU application as this is the strongest type of residency. It should not be too difficult to prove - just need proof of address. Affidavits or statements from other ppl who know them as a couple (living together) may help. O/w he shoudl try to renew as a student until he has enough proof of address.

This is incorrect. They are not going to consider an EU Treaty Rights application with only proof of address submitted. Unless you are going to get married, you need to provide extensive evidence of your durable relationship of 2 years or more.

This would include (but not exhaustive):

Both passports
Joint tenancy/lease agreement/Mortgage
PRTB
Joint bank accounts
Utility bills in both names
Official correspondence addressed to both of you at the same address
If you have date stamped photographs of both you this could help, others would probably carry little weight
You could also get letters from family, friends, upstanding members of the community, but again, I don't how much weight these carry

Evidence the EU citizen is exercising treaty rights:

If in employment:

Letter from Employer
Two recent payslips
Most recent P60 or Tax Credit Certificate

If studying:

Current letter from college/course provider including start date and expected completion date
Letter from private medical insurance provider for EU citizen and any dependants
Bank statements AND/OR evidence of financial resources

ImmigrationLawyer · Post by **ImmigrationLawyer** » Fri May 20, 2011 9:34 am

Yes of course there is the requirement that the EU citizen is exersising her EU treaty rights... but the principle requirement is proof of address for the past >2yrs.

knapps · Post by **knapps** » Fri May 20, 2011 10:23 am

I agree with immigration lawyer...
proof of address is enough.

I am married to my non EU wife and we do not have joint bank statement
We keep our finance separately and we are happy that way.

Yes, if you have bank statement going to the same address , it would be considered as a proof of residency somehow

Monifé · Post by **Monifé** » Fri May 20, 2011 3:38 pm

ImmigrationLawyer wrote:Yes of course there is the requirement that the EU citizen is exersising her EU treaty rights... but the principle requirement is proof of address for the past >2yrs.

knapps wrote:I agree with immigration lawyer...
proof of address is enough.

I am married to my non EU wife and we do not have joint bank statement
We keep our finance separately and we are happy that way.

Yes, if you have bank statement going to the same address , it would be considered as a proof of residency somehow

The above is correct when you are married, but the OP stated that his brother is only in a relationship with the EU national, and therefore he will need extensive documentation to prove the relationship, unless the get married.

chebas · Post by **chebas** » Fri May 20, 2011 5:04 pm

is this something he should do directly at the gnib office or should he post to the doj?

he thinks he should fill the eu1 for to the doj is this correct?

i cannot begin to tell you how thankful i am for you taking time to answer.

thanks again

ImmigrationLawyer · Post by **ImmigrationLawyer** » Fri May 20, 2011 6:11 pm

Yes that's right.... he will have to leave no stone unturned in trying to prove the de facto relationship.

walrusgumble · Post by **walrusgumble** » Sat May 21, 2011 6:35 pm

ImmigrationLawyer wrote:Yes of course there is the requirement that the EU citizen is exersising her EU treaty rights... but the principle requirement is proof of address for the past >2yrs.

monife is saying its not enough to be boyfriend/girlfriend or same sex couples. it must be a serious relationship with strong evidence that the relationship will last. that they live like husband and wife and for whatever reason, do not wish to marry

walrusgumble · Post by **walrusgumble** » Sat May 21, 2011 6:40 pm

knapps wrote:I agree with immigration lawyer...
proof of address is enough.

I am married to my non EU wife and we do not have joint bank statement
We keep our finance separately and we are happy that way.

Yes, if you have bank statement going to the same address , it would be considered as a proof of residency somehow

you should not be so lazidazy with simply providing proof of address. It does not neccessarily proof they are a couple. Many live in apartments with other occupants. Not everyone is honest and the departments will seek strong evidence as any one could say that they are in a defacto relationship.

yes its very good, but useless without other documents such as joint financial responsibilites like joint bank account, joint health insurance , utility bills addressed with both partners names. Photos, preferable dated ones are good, letters from friends and family are very good. proofs of travelling together (plan tickets) proofs of travelling to eachothers countries would be EXCELLENT

basically thrown in everything

Monifé · Post by **Monifé** » Sat May 21, 2011 8:29 pm

Oh one thing I forgot and will add to Walrusgumbles list, phone call history or emails. You should get your brother and his partner to contact their phone companies and ask for their call history for the last 2 years and they can then highlight each others phone numbers.

chebas · Post by **chebas** » Mon May 23, 2011 10:48 am

perfect, I will let him know. the phone thing is a great idea as they are disgustingly calling each other all the time and it has been going on for years. Honey dripping all over the place.

He has plane tickets and photos, etc so hopefully we'll have a good outcome.

Thanks a million, again.

Seb

Post by **Directive/2004/38/EC** » Thu May 26, 2011 5:28 pm

chebas wrote:the phone thing is a great idea as they are disgustingly calling each other all the time and it has been going on for years. Honey dripping all over the place.

Yuck! Hope that stops soon and they quickly get married! :-)

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

Guidance on complex case

Guidance on complex case

thanks and 2 more questions

thanks again

Re: thanks again