is there a right to remain for an illegal migrant?

[millou]

Hi all Dears,

I am from a "visa-required" country, and am married to a british in the uk,
am livin illegaly in ireland though ,i read throught forums and i dont think
someone has presented this situation as far as it goes back on the topics list,

so here i am with my questions hoping for an answer ,

have i right to stay in ireland? &
can i apply at the immigration bureau in dublin ? and if so ,for which and how?

yours respectively;

millou

[millou]

just want to add that

my wife and i are both livin in ireland,
does she have to be in an employment either here or has worked in uk
for us to apply in immgration bureau in dublin?

thanks

[Directive/2004/38/EC]

A couple of questions:
Are you living with your wife presently?
Is your wife working or is she a student?
Did you live in the Uk with your wife?
What was your legal status in the UK?

[millou]

Directive/2004/38/EC

thanks for havin a look at this

we're livin in ireland now in a rented property and wishin to settle ,and my wife is lookin for a job
like i said i want to know my rights as bein the spouse of EU national in ireland and how to apply for a residence permit,

we had lived a year together in uk prior to marriage where my wife studied
and worked , "my status then in uk was an overstayer of a visitor's visa"
now does she have to get a job in ireland in order for us to apply at immigration bureau or

can we simply apply at the british embassy in dublin to be allowed back in uk,in this case i would like to know how?

you guys members on this website are Awsome!

[Plaasjapie]

0000

[Directive/2004/38/EC]

Go to the UK embassy in ANY country.
Apply for a EU family permit to travel to the UK.
Go to the UK.

Now you are legal.
Apply for residence card in UK

How about...

(1) Go to the UK embassy.
(2) Apply for a EU family permit to travel to the UK.
(3) Go to mainland UK. Make sure the non-EU gets passport stamped on the way in to UK (this will be hard to do if you go to Northern Ireland). Make sure you travel with your marriage certificate.
(4) You are now legally resident in a member state. Celebrate!
(5) Do things in the UK which record your presence. Stay in a hotel and keep the receipts (get a Spammy Spammer! – I believe this may be exercising a treaty right related to access to services). Both EU and non-EU can work if desired with no additional applications (this is exercising a treaty right).
(6) Do not bother applying for a Residence Card in the UK as it is not required. Go to a film instead.
(7) Go back to Ireland. (I personally would not bother getting a new spouse visa to enter Ireland since they are required to issue it at the border if you do not have the correct visa. Remember to carry your marriage certificate!)
( 8 ) Apply again for your EU1 and force them to process the whole application again! Be sure to ask for the passports to be returned immediately.

[Plaasjapie]

0000

[microlab]

Millou wrote

am livin illegaly in ireland though

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.

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

Directive, I am rather puzzled with your advice.

[Directive/2004/38/EC]

What specifically are you puzzled by? I am happy to explain in more detail or write more clearly.

The general idea is...
The Irish government, in it's wisdom, wants to require prior residence in an EU member state. This is a way of having been legally resident in the UK for a weekend (or even overnight). That will then satisfy their requirement.

It should also work for Irish citizens who wish to bring their spouses to Ireland.

[microlab]

He is illegal in Ireland.
It states that only persons with legall status can apply for Family Permit

[brownbonno]

What specifically are you puzzled by?

The Irish government, in it's wisdom, wants to require prior residence in an EU member state. This is a way of having been legally resident in the UK for a weekend (or even overnight).

Thanks Directive for your inputs.
The Irish DoJ isin breach of the comunity directives.
Community law does not impose a prior condition of residence in a Member State for family members to benefit from its provisions.
The judgement of the Court of 9 January 2007 in case C-1/05 Jia confirmed that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Union citizen who has exercised his right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State.

[Directive/2004/38/EC]

He is illegal in Ireland.
It states that only persons with legal status can apply for Family Permit

I stand corrected.

[Plaasjapie]

0000