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appeal against eu dependant visa refusal

Forum to discuss all things Blarney | Ireland immigration

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rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

appeal against eu dependant visa refusal

Post by rachel29 » Wed Feb 29, 2012 1:45 pm

hi ,

Could anyone help my dependants visa application has been refused for reasons ID, OC. Under explaination of reasons of refusal thid is the explanation but have n clue how go show proof against them any ideas what eveidence I can show?
( dont think is cost of the trip as other refusals state this if is reason)


OC
Observe the conditions of the visa - The visa sought is for a specific purpose and duration, and the applicant has not satisfied the visa officer that such conditions would be observed - e.g.

The applicant may overstay following his/her proposed visit, or

Work illegally in the State, or

Branch into the common travel area

The potential cost of this trip is high in comparison to the applicant’s means, and given that no compelling reasons for the trip have been displayed, the visa officer is not satisfied of your intentions to leave the State following your visit.



I was under the idea that my dependant has the right to work and the visa woud be to enter to live with me and then apply for residence so how overstay? or how to prove not over stay?

ANY HELP???? :? :?

adlexy
Member
Posts: 141
Joined: Mon Nov 21, 2011 11:23 am

Re: appeal against eu dependant visa refusal

Post by adlexy » Wed Feb 29, 2012 9:02 pm

rachel29 wrote:hi ,

Could anyone help my dependants visa application has been refused for reasons ID, OC. Under explaination of reasons of refusal thid is the explanation but have n clue how go show proof against them any ideas what eveidence I can show?
( dont think is cost of the trip as other refusals state this if is reason)


OC
Observe the conditions of the visa - The visa sought is for a specific purpose and duration, and the applicant has not satisfied the visa officer that such conditions would be observed - e.g.

The applicant may overstay following his/her proposed visit, or

Work illegally in the State, or

Branch into the common travel area

The potential cost of this trip is high in comparison to the applicant’s means, and given that no compelling reasons for the trip have been displayed, the visa officer is not satisfied of your intentions to leave the State following your visit.



I was under the idea that my dependant has the right to work and the visa woud be to enter to live with me and then apply for residence so how overstay? or how to prove not over stay?

ANY HELP???? :? :?
Well, you answered your own questions :)

The primary concern of the visa officer is to make certain that when you are issued with a visit visa (I assumed this is what was applied for), you must show that you plan to return to your country of origin. Based on your post above, it appears that you have not shown "sufficient" reason why the Visa officer will think your dependant will leave :)

Based on your post, it does appear that you have applied for a visit visa for your dependant with the attendant plan to then apply for a long term visa as soon as your dependant arrived in Ireland. I will say that explains why the officer believe that:

"OC: Observe the conditions of the visa - The visa sought is for a specific purpose and duration, and the applicant has not satisfied the visa officer that such conditions would be observed"

What I think you should have done originally is to show (assuming you are exercising the EU treaty rights) that your dependant is "dependent" on you financially by showing proof that you are responsible for their upkeep. The visa application therefore should not be C-visit but an entry clearance long term visa D.

But if are exercising the EUTR and what you have applied for is D visa and you have shown that you have resources to manage your family without recourse to public funds, then you may consider reading the EU Directives and your rights.

Please see: http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

All the best :)

rachel29
Junior Member
Posts: 65
Joined: Wed Sep 21, 2011 11:34 am

Post by rachel29 » Thu Mar 01, 2012 4:45 pm

yes it was long term d visa as i am excericing my rights. I have read the information on my rights but was wanting feed back on the reason for refusal . if we can prove against this reason or if we should even have to if it is going against eu law?

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