Same here Monife. Wish you and your partner all the best.acme4242 wrote:best of luck Monifé.....Monifé wrote:Update:
.... our case is actually being heard on the 25th May
9jeirean.
ESC
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Sorry to hear this and congrats at the same time in advance regarding your intented marriage. To go Irish spouse route your soon to be hubby will be waiting more than a year for a decision to be made on his application, there is no legal way for solicitors to compel DOJ to give you the right answer within 6 months as it will be discretionary same like citizenship scenarios. I suggest to enrol yourself north of the border in a diploma or certificate course (since you hold a public service job here these are hard to come by). After six months apply for EU FAM basis, but to completely uproot yourself from South and go to North is like taking a big chance IMHO. Best of luck in your future endeavours.Monifé wrote:Thanks for the well wishes.
Unfortunately it is not good news. In light of the McCarthy judgement our barristers advised us to withdraw our high court proceedings. They fought to allow us to withdraw it with no cost implications but the DOJ would not accept and we had to accept a cost order against us.
We are due to be married in August, so our solicitors advised us that this will make our situation stronger. We are now (on the advise of our solicitor) going to make one MEGA application to the department, including my partners humanitarian leave to remain application, an application based on our engagement and soon to be marital relationship under Irish national law and also to be considered under EU law as per Zambrano and as per Metock for my partners negative immigration history to not affect our application. They are going to back the whole thing up with documentary evidence and legal submissions.
So fingers crossed this works for us, it could take a long time but our solicitors are going to try and compel them to issue us with a decision in 6 months after our marriage.
Failing that, we will move to the UK or Northern Ireland. We just really see this as a last resort (even though it is probably a sure way of working for us) but it is not feasible at the moment due to our financial circumstances.
Thanks for the advice. Spouse of Irish national application was not an option to us last year as we weren't ready for marriage, hence why we thought we could use the EU treaty rights defacto application, as the Irish defacto is subject to the immigration status/history of the applicant, which in my partners case is not good.ImmigrationLawyer wrote:In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.
Marriage to Irish citizen is not a sure fire way, you probably have seen this page already and have a much better know how to this but i draw your attention towards this info...Monifé wrote: as the Irish defacto is subject to the immigration status/history of the applicant, which in my partners case is not good.
especially with the order for costs will make it tricky to bring future cases.the dept might question the ability to be self sufficient with that order over one's head.good thing you've(monife) no assts. keep head down,build case up.if there's no d/o there is a chance of success under domestic law.honestly,don't put too much hope on zambrano,but certainly use it and look at ecthr guidelines as persuasive arguments.you dont want to draw attention.ImmigrationLawyer wrote:In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.
yes,but it sounds too risky especially residence for only one day.that arrangement will be considered with deep suspicion by the british when they enquire about their history.could you be more specific as to the basis of your strong belief. Preferably legal point as oppose to emotional, please. ( I am not in disagreement with you regarding the boarder frontier thing by the way. Polish - Germans, French - German, Swedish-Danish, its very common, just like a Midlander commuting daily to Dublin.Obie wrote:Monife, you don't necessarily need to settle in Northern Ireland to be covered under community law. Under the courts case law, you will be classed as a migrant worker in Ireland by simply moving your resident to Northern Ireland, and making sure you go there at list once a week.
You could essentially be working to Ireland, rent a home in Northern Ireland, and go there at least once a week.
A frontier worker has the same rights in community law as normal worker, Under Article 45 of the TFEU.
I strongly believe this will work more smoothly than going through the national rules.
In light of all that has happend, i am not persuaded that the department will want to exercise discretion in your partners favour, except if their hands are tight, which i am not convinced will be the case..
Yes of course you should make all of these arguements in the s.3, but I would also try an application to INIS (separately) based on your de facto relationship with an Irish national. Yes, of course none of these are "sure fire" applications, but if a DO issues you can then try moving to another EU state (especially if you are married by then) and your strong EU rights will override the DO.our solicitor said we should make an application including the humanitarian leave to remain aspects and also on the basis of our partnership and soon to be marriage.
What is this, is it meant to be a windup or what.walrusgumble wrote:Preferably legal point as oppose to emotional, please.
It is not intended to be a wind up, merely a comment as to the standard of some poster's replies, to be honest. (THat is not intended to be a dig either) This is a legal matter, it's expected that one would provide some sort of legal discussion. One's lawyer would have to do it. So get off your high horse. If people are smart enough they will get the message and use it to their advantage.Obie wrote:What is this, is it meant to be a windup or what.walrusgumble wrote:Preferably legal point as oppose to emotional, please.
I hope you are not missing my response to you too much. I have been trying to avoid a confrontation with you, in fact avoid you totally, and you are seeking to get me worked up.
It seems like you just can't resist me. Never mind you will get a curdle when i come round Dublin one of these days. I can see you require some TLC. Play your cards right, and i might link you up with a nice African girl to keep your company, and show you real love.
On a more serious note, it is settled case law that there need to be some form of cross border activity for the provisions of community law to be invoked.It is also settled law, that the provisions of community is applicable, if a person resides in a memberstate other than that in which he or she works. Even if the memberstate in which the person works is her home state, so long as she transfer her residence to another member state, she is to be considered a worker under Article 39 of the EC treaty now Article 45 TFEU.
All i am saying is that Monife only needs to move her residence to Northern Ireland, whiles still working and studying in the Republic, and her partner will be covered as a permitted family member in Ireland.
My advice is backed up by several ECJ authority, so there is nothing emotional about it.
See paragraph 34- 39 of the Judgement below.
http://eur-lex.europa.eu/LexUriServ/Lex ... 27:EN:HTML
Do you know what the word disproportionate means? You made a number of comments which I responded to in full,Obie wrote:This is quite a disproportionate responce. Touched a nerve have i. It seems like your years at that failed department, thanks to Mr Shatters who is seeking to reform it, has had an adverse impact on you. It seems like you forgot your sense of humour in the drawer when you left, or the amount of immigrant and IBC application cases you had to deal with made you a very angry person.
Firstly there is a clear distinction between a black person and an african person. It will be right to say most african people are black, but not all african people are black. African by definition are people who are from the African continent. This could be a white South African, or an Asian south African or Ugandan. But with that narrow minded lovely mindset of yours, i am not surprised you took offence. I was never intending to stir up a facial debate, just seeking to be friendly.
I don't agree with you that African people have a chip on their shoulder. As far as i can see, it is you that has a chip on his shoulder, constantly talking about Nigerian people abusing asylum an IBC scheme, when people were simply abiding by the Law of the land. Advocating that the Nigerian woman, who married to the Irish guy and has children by him should be removed. Thanks to Zambrano, your wishes did not come true.
I don't support marriages of convenience, and there is no evidence or indication from any of my post that i contract it.
Linking people up has wider meaning than your narrow mind will lead you to believe. Pimps control prostitutes they sell them for financial gains. I never suggested that. I was simply seeking to lighten up your dull life.
I wish your future wife all the best. Perhaps she should have a look at some of your post , so she is aware what she is letting herself in to.
You should know that once a person is considered a community worker and found to have a right under Article 39 now Article 45 TFEU, she can invoke any provision that were implemented to ensure this rights is realised without any deterance.
Walrumgamble, your are missing something out, she has to have exercised her right as economically active person in france, not as a student, and for at least 6 months before returning with her non eu family members to UK, if not so, UKBA will refuse you residence card.May I ask, what about you application based on zambrano you made, whats updates.walrusgumble wrote:she is exercising her rights when she leaves the uk. there are no restrictions for first 3 months.in reality she wont be bothered by authorities.but if she wants family reuification of non eu spouse after 3 months she needs to comply with article 7 of directive 2004 / 38 ec (student-comprehensive health insurance & recognised educational institute, or other groung, self sufficiency) technically caselaw provides that she can use eu law ie family reunification in uk on return.it would be wise for non eu spouse to go with her,register with french authorities (proof,making it hard for uk to say no) maybe stay in france a little longer for 3 months (not neccessary)have loads of proves of residence & exercising rights.then return to uk.uk have similar domestic policy like ireland.only way around this is to leave uk & invoke eu law by returning
walrusgumble, yes, this is what it should be.walrusgumble wrote:daddy: i would fully agree that it would be better to do six months or more.but the shing case says nothing about how long you have to stay.you can be one day in mainland europe, you are exercising your rights. article 7 provides for students & self sufficency,not just being economic,its a confirmation of old liberal caselaw.but yes, it would be better to get a job for at least 6 months.i am not an immigrant.but expect to know more on zambrano by august.if you have stamp 1,2,3 go to gnib to register now