Accompany EU citizen Visa refused assistance needed

knapps · Post by **knapps** » Wed Aug 17, 2011 3:54 pm

My friend...I do not know why you submitted hell lot of document.

Your post is not very clear
makes no sense which country you are in and where you are going to travel
Either you are going to meet your wife in an EU country or what

please clarify

MidnightHawk · Post by **MidnightHawk** » Wed Aug 17, 2011 4:14 pm

I suppose the advice the ICI gave your wife should be sufficient in how you should proceed henceforth.

In your appeal you should clearly and unambiguously state why the directive applies to you and reference your supportive evidence. You can add that further refusal will result in you taking the matter further which will eventually be granted to you so they are just wasting the tax payer's money and time. (Well, be more subtle than that - you don't want them to get annoyed - just be assertive and direct).

The key issue here though is for you to ensure that you do qualify for the directive and provide sufficient evidence in support of your claim. If you can reference any relevant clauses particular to you that will strengthen your case.

Unfortunately, they might argue that there is no sufficient basis/evidence to prove your relationship and then you'll be back at square one.

Good luck.

dalebutt · Post by **dalebutt** » Wed Aug 17, 2011 7:16 pm

MidnightHawk · Post by **MidnightHawk** » Wed Aug 17, 2011 7:28 pm

dalebutt wrote:Do you not think being pregnant is sufficient.

I am afraid not. Not saying that this is the case - but you could have had a one-night stand and ur wife fell pregnant.

If you were in their shoes, and is trying to prevent illegal immigrants from entering the country on false pretences (say "phony marriages" or "marriage of convenience"), what would you do? Again, not saying this is the case with you, but the government would probably look at this from a very critical point of view.

This is just my honest opinion.

dalebutt · Post by **dalebutt** » Wed Aug 17, 2011 7:46 pm

MidnightHawk · Post by **MidnightHawk** » Wed Aug 17, 2011 7:57 pm

dalebutt wrote:MidnightHawk, thanks for your post but then she had 2 miscarriages in the past for the same man, and now again pregnant, how then are we suppose to to live together as a family if they just feel its a marriage of conveniency, how long do you think the route of a judicial review at the High court would take? if u had any idea.
Thanks

i hear what you say, and i am sorry for the difficulties you had to endure. i hope i don't sound insensitive! however, i honestly can't answer you. from what i have read here judicial reviews could be drawn-out over a long period and the costs can be a huge strain. the only thing that I can say is to spend some money and get your wife to talk to an immigration lawyer here and get things straightened out for you once and for all so you know what your options are. it's probably much higher now, but the last time i had to seek legal advice it cost me 70 euros for the consultation (AC Pendred and Co).

koded · Post by **koded** » Wed Aug 17, 2011 9:56 pm

Your best bet should be your wife in Ireland to contact immigration lawyer and let them handle the case for you.
I think the refusal would also have something do with your immigration history even though it does count again since you are married to EU Citizen.
You just need to be patient as it may take time to go through the appeal.
Good luck.

dalebutt · Post by **dalebutt** » Thu Aug 18, 2011 5:00 pm

Monifé · Post by **Monifé** » Thu Aug 18, 2011 5:21 pm

OP, as the family member of an EU national you have an unconditional right to be in Ireland for 3 months before your wife has to exercise treaty rights.

The only documents required when applying for a visa to join your EU family member are:

-Your passport
-Your spouse's passport
-Your marriage certificate
-Evidence that your wife can support you for the first 3 months of your stay without recourse to public funds (ie: private health insurance, bank statements etc)

Write to the Irish Naturalisation and Immigration Service stating the above, with the above documents and that they are in breach of EU law and cannot refuse you entry "just because they think your marriage is one of convenience". Also threaten to lodge a complaint with the EU commission and Solvit (http://ec.europa.eu/solvit/site/index_en.htm).

Have a read of the directive 2004/38/EC (http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF) to know and understand your rights.

If that letter/appeal fails, contact Solvit (UK).

dalebutt · Post by **dalebutt** » Thu Aug 18, 2011 5:40 pm

Monifé · Post by **Monifé** » Thu Aug 18, 2011 6:54 pm

There is not going to be a quick fix.

If an appeal fails, Solvit is your best bet. You should lodge a complaint with them now.

You should also enquire with Irish immigration exactly what documents they want from you to prove your relationship and for a detailed reason of your refusal.

Also, the doctors letter stating your wife's pregnancy should be good evidence to prove your relationship.

dalebutt · Post by **dalebutt** » Thu Aug 18, 2011 10:22 pm

Monifé · Post by **Monifé** » Fri Aug 19, 2011 8:13 am

Send the previous documents again along with new documents if you have any. Also say in your letter that your wife does not have to exercise treaty rights for the first 3 months of your visit as per EU law.

Is your wife still with you in Nigeria?

dalebutt · Post by **dalebutt** » Fri Aug 19, 2011 10:02 am

Monifé · Post by **Monifé** » Fri Aug 19, 2011 11:51 am

Did the Visa officer specifically say that they doubt that your marriage is genuine?

If not, I think there problem is with the exercising treaty rights. If she has been in Ireland only 2 weeks, she does not need to do so.

You should remind them of the fact that she along with her family member (you) have an unconditional right to be in Ireland without exercising treaty rights up to a period of 3 months. You can quote the relevant part of the directive 2004/38/EC seeing as they can either be completely ignorant or are hoping you are stupid enough not to know your rights.

Write them a recorded delivery letter or even better, get your wife to write the letter and send it by registered post.

dalebutt · Post by **dalebutt** » Fri Aug 19, 2011 3:20 pm

Monifé · Post by **Monifé** » Fri Aug 19, 2011 4:02 pm

Ok, well when she starts University she will need private health insurance for herself, yourself and your future baby in order to be exercising treaty rights correctly.

Things to prove relationship history would be like previous lease/rental agreements in both names, joint bank account statements and/or separate bank statements sent to both of you to the same address, if you have lived in the UK - council tax bills in both names, utility (electricity, gas, tv, phone) bills in both names or separate names to the same address, all the letters from your wife's doctor, call or email history between the two of you, letters from family and friends supporting your relationship and stating when your relationship began, date stamped photo's can help also and then obviously your marriage certificate.

Really you shouldn't have to provide all of the above if you are married, the marriage certificate is suppose to be sufficient but if you have any of the above you can supply them also.

Below is the relevant quote of the Directive 2004/38/EC that you should quote in your letter to the Visa officer.

Union citizens should have the right of residence in the host Member State for a period
not exceeding three months without being subject to any conditions or any formalities
other than the requirement to hold a valid identity card or passport, without prejudice to a
more favourable treatment applicable to job-seekers as recognised by the case-law of the
Court of Justice

Below is the relevant quote of the Directive 2004/38/EC that states that the Irish authorities should give you a list of what documents they require from you so that to avoid your application being wrongfully refused.

The supporting documents required by the competent authorities for the issuing of a
registration certificate or of a residence card should be comprehensively specified in order to
avoid divergent administrative practices or interpretations constituting an undue obstacle to
the exercise of the right of residence by Union citizens and their family members

The below quote of the Directive 2004/38/EC might be of use to you with your letter.

Procedural safeguards should also be specified in detail in order to ensure a high level of
protection of the rights of Union citizens and their family members in the event of their being
denied leave to enter or reside in another Member State, as well as to uphold the principle that
any action taken by the authorities must be properly justified.

In all events, judicial redress procedures should be available to Union citizens and their family
members who have been refused leave to enter or reside in another Member State.

Hope that helps.

dalebutt · Post by **dalebutt** » Fri Aug 19, 2011 7:08 pm

Monifé · Post by **Monifé** » Fri Aug 19, 2011 10:17 pm

No problem.

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Accompany EU citizen Visa refused assistance needed

Accompany EU citizen Visa refused assistance needed