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In theory, that's dead on the money. The thing I'm curious about though is how one would prove legal residence in Ireland. If a non-EEA spouse is applying for a family permit from within the EU, they have to show proof of being legally resident in that member state. So, for example, upon entering Ireland the spouse gets a one month stamp in the passport and within the month applies for EU1 and then spends the six months waiting and decides to leave, how would that person prove legal residence, when based on passport stamps it would look like that person overstayed by 5 months. I would assume a letter from the Irish government? But, they REALLY don't strike me as the most co-operative, on-the-ball group of people.Static, you have 2 options to go to the UK...either apply for a spouse visa, as you suggested, or apply for the EU family permit (which basically EU1 for the UK) which you are entitled to because you and your husband have been living in another EU country.
The information they have provided is only about a UK-law "spouse visa". It costs a lot of money to apply for, you have to provide a lot of information and documentation, and I am unclear how long the visa will be valid for if they agree to issue it. If you were living together in Canada or Japan and had not been living in another European country together, then this would be your only option.British embassy? wrote:You asked if a national of South Africa needs a visa to come to the UK as a wife.
Yes, you need a visa.
Please read Guidance - Husbands, Wives and Partners for more information.
If you are a national of, or are normally and legally living in Ireland, please make your application to Dublin.
If you are applying to our visa section in Dublin, you can now make your application and pay online though the visa4UK website.
http://www.ukvisas.gov.uk
If you talked with a immigration solicitor in the UK, I hope they mentioned the "EEA family permit". If the solicitor did not mention that option, it would raise concerns in my mind about their competence or possible self interest.The emphasis being on LEGALLY residing in Ireland. We have contacted an immigration solicitor in the UK about this and he has confirmed that I would have to travel back to SA to obtain this Visa. The cost of this in Euros is €775 as per this site: http://www.britishembassy.ie/
In the case of a non-EU spouse who is living in Dublin, that would be Dublin. Or are we talking about somebody who is illegally in Ireland?Static wrote:that is my point... you need to apply from where you LEGALLY reside.
http://www.ukvisas.gov.uk/servlet/Front ... 8721068382How do my family members apply for a family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying from within the EEA, they will need to show that they are living legally in an EEA member state.
They can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell them about the ways in which they can apply.
Some visa sections will only accept applications made online. To find out if you can apply for your visa online plesse visit www.visa4uk.fco.gov.uk
microlab wrote:http://www.ukvisas.gov.uk/servlet/Front ... 8721068382How do my family members apply for a family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying from within the EEA, they will need to show that they are living legally in an EEA member state.
They can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell them about the ways in which they can apply.
Some visa sections will only accept applications made online. To find out if you can apply for your visa online plesse visit www.visa4uk.fco.gov.uk
Platinum.. this is exactly my problem. Like I said I've been in contact with an immigration solicitor in the UK and the advice I got was to apply from where I legally could reside.. that being my country of birthPlatinum wrote:I've thought about this as well. How to prove that I'm legally resident in Ireland if the GNIB won't give me residency stamps for the duration of the EU1 processing time?
The immigration officers at Dublin airport have only given me 1 month stamps and told me to report to the GNIB, who, of course, tell me they can't do anything. (They probably don't have a stamp corresponding to my situation.) So, if we wanted to say "To hell with this crap" and move to the UK (my husband's country of citizenship), how to prove that I've legally been residing in Ireland?
They do not specify you must be a long term resident of a member state, and they can not require that. They require only that you be living there legally.How do my family members apply for a family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying from within the EEA, they will need to show that they are living legally in an EEA member state.
Thanks very much dsab85.....dsab85 wrote:Hello Sahil,
the Judgement in the pending High Court Case is scheduled for this friday. If they agree with the Justice Departments Interpretation, then we will have to start worrying. But until then we cannot really do anything.
My wife got the same letter about 3 weeks back. The one thing I would def. recommend to do is to send in an appeal asap (via registered Mail) outlining why you think the decission is not justified. I appealed on the basis of 4 different flaws in their logic.
At least that way they can not claim at a later stage that you stayed maybe illegally in Ireland.
Lets all hope the best for friday.
Cheers,
dsab
Yes, Directive/2004/38/EC you are spot on there.If the application is being made from another EEA member state:
Following the case of Akrich, which established that a right of movement for a family member is only derived if they are lawfully resident in an EEA member state, the requirement for an applicant to demonstrate lawful residence has been introduced into the EEA Regulations. Anyone who has a valid visa or entry clearance, and who is abiding by the conditions of that entry clearance, can be considered to be lawfully resident in that Member State. This would normally be in the form of the local equivalent of leave to enter / remain as a family member of a national of the member state in which they are residing. Or, alternatively, an EEA residence card would normally be held if they are the family members of an EEA national residing in a member state of which they are not a national.
The non-EEA national could equally have entered the country in some other category (visitor, student etc) and would still be considered as lawfully resident in that Member State. For example, an Indian national married to a French national, who had obtained a visa to enter France as either the spouse of the French national or in some other category (as a visitor, student or work permit holder etc), would be considered 'lawfully resident' in France, if, at the time of application, they were abiding fully by the conditions of that visa.
Those with valid Schengen visas would be considered lawfully resident in all Schengen states. If there are cases where you are not sure if an applicant can be considered as lawfully resident, please refer the details to ECO (Entry Clearance Officer) support at UKvisas.
Please note that this requirement to demonstrate lawful residence in an EEA Member State applies only to those applying from an EEA Member State. There is no requirement to demonstrate lawful residence in an EEA Member State if the applicant is applying from outside the EEA. However, a family member would be required to meet the requirements int he Immigration Rules for Leave to Enter the UK (other than those relating to entry clearance).
Thanks for looking this up!British embassy procedures wrote:The non-EEA national could equally have entered the country in some other category (visitor, student etc) and would still be considered as lawfully resident in that Member State.
This is true only if the UK citizen has been residing outside the EU. If they have been resident inside the EU, then the applicant can choose to use UK-law or EU-law for entry into the UK.Plaasjapie wrote:The problem is that the UK only applies the EU rules to citizens of OTHER EU countries. Trust me, I checked. You HAVE to go the spouse visa route.
The ECJ case of Surinder Singh states that nationals of a Member State who go with their non-EEA family members to another Member State to exercise a Treaty right in an economic capacity, (as a worker or self-employed person) will on return to their home state, be entitled to bring their non-EEA family members to join them under EC law. (For example a British national and his non-EEA national spouse/children who have lived in Germany and exercised an economic treaty right and are now returning to the UK).
The Surinder Singh judgement is now incorporated into the EEA Regulations in Regulation 9.
It is confined to those cases where a British national has exercised an economic Treaty right and the Non-EEA national family member can demonstrate their lawful residence in a member state. (see section 21.4.1 on applications made from another Member State for more information on lawful residence requirements).
It does not matter if the only reason the British national went to another Member State to exercise an economic Treaty Right was so that he could come back to the UK with his/her family members under EC law.
In the case of a British citizen returning to the UK, they must be intending to return to the UK to exercise similar rights in the UK. Where no evidence is available of intended employment by the British citizen, you need only be satisfied that British citizen has sufficient resources for himself/herself and his/her family members to avoid becoming a burden on public funds.
The non-EEA spouse will be eligible for entry into the UK under the Surinder Singh ruling provided that the marriage is valid and that the couple are not formally divorced. This applies even in cases where the non-EEA national spouse has not lived with the British citizen for the whole period during which Treaty rights were exercised. You may, however, find along with other evidence that this leads you to believe it to be a marriage of convenience.
Evidence that the couple have lived together may include:
a registration certificate/residence card issued by the Member State;
tenancy agreements; or,
joint bank statements.
Plaasjapie wrote:Cool Beans. Static, you are sorted!microlab wrote:Evidence that the couple have lived together may include:
a registration certificate/residence card issued by the Member State;
tenancy agreements; or,
joint bank statements.
But this means.. that I should be sorted here even... We were in England for 2 months before coming here and I sent in post and bills with our EU1 thing as part proof of us living together... Hmm... Hold thumbs for me!!! I'm feeling a lot more positive now.