Visa for Sri Lankan husband while i am job seeking

[brandy79]

I am British living in Ireland and seeking work. I would like my husband here with me now. We have been apart now nearly 6 weeks and it is awful. Can he come here while I am still seeking work? According to everything i have read it states this as an acceptable way to exercise your EU treaty right. I am living with family and funding myself with my own money.

In addition my husband has around £4000 in his bank.

I have attended 2 interviews since I arrived, I am getting my PPS number on 25 July then I can register officially as a job seeker in ireland.

My husband is Sri Lankan and unfortunately he needs to apply for a visa to enter Ireland.

Once he is here we would then apply for the residence card.

[dalebutt]

when did you arrive in Ireland? EU citizens have up to 3 months in which the are not obliged to exercise their treaty rights, so during this period, your husband could apply to join you, if you have not been in Ireland for up to 3 months, you should forward evidence of that, flight ticket when you arrived, it is also advisable to write a letter to explain on what basis he is applying as they might mix things up and refuse him on the basis that you are not exercising your EUTR.

[brandy79]

I arrived last week. I know you don't exercise your treaty rights until after 3 months but I just wanted to get him here as soon as possible. I thought if i get a job quickly then it makes things easier. However the job market is tough at the moment and it could take a while for me to get a job. He has money to support himself.

The problem is really because he is from Sri Lanka and has to apply for a visa. Although I really cannot fathom why people from Bolivia, Honduras, Brazil, Guetemala the list is endless don't require visas.

The system makes no sense!

[EUsmileWEallsmile]

It is possible for an EU national to have their family member with them while they are in their three month period; working (including self-employed or job seeking); self-sufficient or student.

It might have been simpler if you'd applied for the visa before you came to Ireland (you can always leave again and reset the clock).

It may be frustrating that other nationals don't require visas, but I suggest you focus on getting that visa.

[kirstysarti123]

my husband is morrocan does he need a visa to enter ireland as i am going there in april with £3000 to exercise my treaty rights and get a job there?thanks for any help

[kirstysarti123]

forget to add who is living in tenerife for last 7 years which spanish residency card

[EUsmileWEallsmile]

It might have been better to start your own thread.

If family member has a residence card (look carefully), then no visa required.

[brandy79]

Which visa should he apply for then? Short stay or long stay? It is all very confusing!

[brandy79]

Ok so I can pretend to leave the country and re-enter book a flight for a future date to Ireland for when my husband can come meet me? I came here via northern Ireland so there is no record of me being in the country anyway. The issue is which visa to apply for? Short term visit requires me to travel with him or show I am residing in Ireland. I am not flying to Sri Lanka again!

[brandy79]

More questions???

Short stay visa valid for 90 days - however would we have to say we planned to leave after the 90 days e.g. have return flights booked etc as an EU citizen? I don't want to be dishonest as then they will no doubt reject us for that.

Long stay visa - valid for 6 months but I have to show I am '
lawfully residing in the country already' As far as I can see I am already lawfully in the country as an EU citizen.

I really do not know what the best option is.

I wish I was an immigration lawyer because really you need to be to know the best thing to do!

[EUsmileWEallsmile]

Getting a visa for your spouse to join you should be really straightforward. Once in the country, apply for a residence card.

If you are in Ireland, you will need to be exercising treaty rights after three months. If you comply with this, your family members can be with you.

[brandy79]

It is not that straightforward.

The clock is ticking - since I am already in the country. As I have just arrived into Ireland would the following be sufficient evidence?

* cover letter stating when i arrived into ireland and inviting my spouse to come join me?
* marriage cert
* copy my passport/husband's passport
* travel ticket showing my date of arrival into ireland (i arrived 10/7/13) got boat from scotland to northern ireland

Another issue is i am living with my father and stepmother. Do i need to mention this yet?
If so would I need a letter of invitation from them my father/stepmother and a utility bill in their name be sufficient as proof or would i need to provide a copy of their bank statement also?

Another thing that concerns me is if I am applying within the first 3 months before i officially exercise my treaty rights. I only have until 10/10/13 before this time expires. Perhaps his visa takes longer to process (8 weeks or more). My visa application could be rejected because i am not exercising EUTR. Is it best to cover all possibilities e.g. show them interview letters, pay slips for bar job (although only worked 8 hours this week).

Brain is fried thinking about all of these what ifs?!!

[EUsmileWEallsmile]

I think you are worrying too much. I suggest that you apply for the visa as soon as possible. It is meant to be issued under an accelerated procedure.

[Brigid from Ireland]

You need:
Valid original marriage cert (translated if necessary)
Copy of your passport
His passport

He applies for a short 3 month visa. Then he travels to Ireland and applies for his pps number straight away. Then near the end of the three months he applies for a long term Stamp4EU fam and for this you show your payslip. A bar job working 8 hours per week is fine, as this is a payslip showing you are an employed EU citizen exercising migrant worker rights.

Your husband's rights are based on his marriage to you and the fact that you work - he does not need a letter from your parents.

The other good news - once he has his stamp4EUfam you (not him) can apply for a 'top up' from social welfare, to bring you up to the income of 188 for you and 124 for him, per week. So if your income is different each week you get a different amount in the top up each week. This is not easy to get and you will probably have to appeal to get it, but you have a very good chance of success. To do this you go first to social welfare and apply for Jobseekers allowance, then you go to the community welfare officer and apply for supplementary welfare allowance. You may not get jobseekers but you have a great chance of supplementary as it is easier to get than jobseekers. But you must apply for both in order to get the supplementary - long complicated rules.

Interview letters are not relevant, payslips are BIG thing, amount earned or number of hours not really important in the case of him coming to Ireland.

You need no letter from your father and you don't need your dad's bank details. However, when you apply for the 'top up' you will need to say that your father lives in Ireland and you came home to live with him (the bit about coming home to live with dad is important and you should make sure to put this in writing on the Habitual Residence condition form), to take up a bar job here initially and to look for better work as soon as you can get it (it is more advantageous if you came to a job rather than came looking for work, when you want a 'top up' of your income).

So very easy for you, just that you need to keep working.

[brandy79]

I applied for the join family visa (6 months) for him already on 20/7/13. So I can't go back and change it now.

As the wording of the short stay visa did not fit our situation. In addition it asked about when he would return to his country.

Long-stay seemed more suitable as it did not ask when he would return. The wording is -

If you are the non EEA spouse of an EU Citizen and wish to JOIN the EU Citizen who is already in Ireland

I know I am worrying lots but this stupid piece of paper is important and I don't want to be apart from my husband any longer.

So I am praying I get the job on Friday for full-time employment then all this worrying can stop!!

[brandy79]

In addition you say payslips are important but surely if they show you are earning less that 188 euros per week (welfare money) They could be detrimental and cause your visa to be rejected?

[EUsmileWEallsmile]

I applied for the join family visa (6 months) for him already on 20/7/13.!

You might have stated this before (or perhaps you did). In any case, you simply need to wait for a decision.

[Brigid from Ireland]

You do not need payslips for the first visa for the first three months - this is automatic. It needs only the passports and marriage cert.

You need the payslip when his first three months in Ireland have expired.

The law states that the EU citizen must work. It does not state that she must earn a minimum amount. Once you work you have the EU rights. So the payslip is proof that you have the rights.

By your logic you would need to earn 188 for you plus 124 for him as this is the welfare amount, and have accommodation cost and health insurance also. You do not need this amount, as there is no amount set by law.

The requirement by law is that you - the EU citizen - is an employed worker, thus exercising treaty rights. So the part time job is fine. If you are worried about the amount you earn then you can register as self employed and show that you are earning extra money from the self employment, thus increasing your income. There are lots of threads on self employment in Ireland.

He should get his visa with no difficulty and it should be processed fast, as you meet all conditions for getting a visa.

[brandy79]

Yes i applied but not yet sent the supporting documents. Hence the reason I was asking for guidance. As I thought people would have past experience of this.

[brandy79]

Thanks all for the info.

Sri Lankans submit their supporting documents through the Consul in Colombo. However the Irish Embassy is in New Delhi and I assume decisions are made there. I don't have much hope for this to be processed fast.

Just have to wait and see!

[EUsmileWEallsmile]

Thanks all for the info.

Sri Lankans submit their supporting documents through the Consul in Colombo. However the Irish Embassy is in New Delhi and I assume decisions are made there. I don't have much hope for this to be processed fast.

Just have to wait and see!

It must be processed by an accelerated procedure by law.

For the first three months all you need is evidence that you are an EU citizen and that you are married. It really is that simple.

Do you know that people come on holiday on that basis all the time? No problem at all.

Post three months, you need evidence that you are a worker, student, self-sufficient person.

[brandy79]

My husband went to the Irish Consul today and was sent away because they say he needs to submit the following extra docs -

Birth Certificate - English Translation

Photocopies of all of his passport pages

He travelled 3.5 hours on bus to be sent away again.

According to INIS website they state the following -

Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland

If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to JOIN the EU Citizen who is already in Ireland you should fully complete the online application form, and submit your signed summary application form, and photographs

In addition the following documents are required:

* Your passport
* Copy of the bio page of your spouse’s passport
* Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence
* Birth Certificate (long form) for children under 21 years, parental consent where appropriate, national Identity card (signed if required)
* Evidence that the EU Citizen spouse is lawfully in Ireland

To me it looks like children under 21 years need a birth certificate not him! I am so angry right now!!! He was the only person in the consul and they were horrible angry people from the outset. Is there anyone I can complain to about this?

[Directive/2004/38/EC]

It should all be very straight forward. If there are any problems, there are people to complain to.

[brandy79]

I have got myself a full-time job with a 12 month contract in Dublin paying a good salary.

So I can now include my job offer within my husband's visa application.

I am so happy right now!!

Getting a job like this during a recession was not easy!!

[Directive/2004/38/EC]

I have got myself a full-time job with a 12 month contract in Dublin paying a good salary.

So I can now include my job offer within my husband's visa application.

I am so happy right now!!

Getting a job like this during a recession was not easy!!

If you are not already in Ireland or have been there for less than 3 months, there is no need to provide any evidence that you are working with the visa application.