Family visa of EU national

[Sunshine86]

Hi all

I am looking for some advice here as I emailed Irish INIS email address but received no reply for my queries. Therefore resumed to this forum-

I am an Indian national, married to Canadian citizen who also has British citizenship. He has been living in the UK for past 15 years or so. Because we were unable to furnish the requirements for the UK spouse visa, I had to leave UK because my ILR expired. Therefore we thought of taking the Surinder Singh route. My husband & I are thinking of moving to Ireland where I wish to accompany him. Once there in Ireland we both will be working and work our way towards EU family card. Now, for the EU family visa

Does my husband need to have a job offer before we move to Ireland to exercise his treaty rights?
Do we need to provide the details of the accommodation of where we will be staying as we have not looked into this yet. Is this a mandatory requirement? Also, this information is being asked on the application form?
Do we need to book the return airline or ferry?
Lastly, although my husband has his British citizenship which he only applied for recently. however he still does not have his British passport. Now, can I still apply for the same visa depending on his British citizenship letter or we actually need his British passport which can take upto 6-8 weeks.


Really hoping that I get the answers to my queries here so I can start the process as we have already been living apart for 10 long n painful months.

Thanks,

[jeupsy]

You don't need to provide any detail of accommodation or employment in Ireland for the visa application (these will be required for the residence card application however). The only required documents are your passports, marriage certificate, and smoothing to show that you will be traveling together is that you will be joining him in Ireland.

I would wait for him to get his British passport before applying though. While in theory as long as he can prove his identity and the fact that he is an EU citizen you are entitled for a free and easy visa; I think not having a passport will delay everything (you can try to call the Irish embassy and see what they tell you, but if they see it as a problem and even though they were to be wrong - it will certainly slow you down).

[masterboy123]

You don't need to provide any detail of accommodation or employment in Ireland for the visa application (these will be required for the residence card application however). The only required documents are your passports, marriage certificate, and smoothing to show that you will be traveling together is that you will be joining him in Ireland.
.

what proof can we show that we are travelling together? i am not booking tickets now as the visa may take longer and ticket wont be of any use later....

[jeupsy]

what proof can we show that we are travelling together? i am not booking tickets now as the visa may take longer and ticket wont be of any use later....

Just a letter from the EU spouse to explain the travel plans should be fine.

[Sunshine86]

You don't need to provide any detail of accommodation or employment in Ireland for the visa application (these will be required for the residence card application however).

Hi Jeupsy

What do I mention in for the accommodation details in the app. form? Also is it a short or long stay Type C or D visa?

Thanks,

[jeupsy]

When my partner came to Ireland under EUTR, she got a type D visa; but It has been mentioned by other people here that the standard is supposed to be type C.

I think either way is OK.

I would say for accommodation you can just put the address of a hotel or wherever you are planning to say when first arriving in Ireland. What do they ask exactly? The address of the EU citizen in Ireland?

[Sunshine86]

When my partner came to Ireland under EUTR, she got a type D visa; but It has been mentioned by other people here that the standard is supposed to be type C.

I think either way is OK.

I would say for accommodation you can just put the address of a hotel or wherever you are planning to say when first arriving in Ireland. What do they ask exactly? The address of the EU citizen in Ireland?

Hi Jeupsy

Thanks for your reply. I went online and found that I could go past the page even if I type the hotel address. Thanks for all your help and guidance here.

Only two more questions for you- I once have been refused of a tourist visa for Canada in July this month and the main reason was that I was not employed which did not show close ties to my home country. Do you think I should declare this on the form and if I did, would this affect my chances for this family visa for Ireland?

Secondly, we have been together for almost 2 years, got married in May this year and have been living apart for almost 10 months now, can I still apply for this visa using my spouse's citizenship certificate for Britain and his copy of Canadian passport for his identity? Otherwise I would have to wait for another 6-8 weeks again, which is not too long but adding the processing time on top of this would be almost 3 months. Therefore, wondering if I can still apply using the above details.

Appreciate your response.

Thanks

[jeupsy]

Yes I suggest to tell them about the Canadian visa refusal. Under EU Treaty Rights they can't use this to refuse your Irish visa so you'd better be honest about it (under EU Treaty Rights, they can only refuse your visa if you are considered a threat to public safety or if you provided fake documents in your application).

I see you insist about using the naturalisation certificate on this thread and your other one ...

As EUsmileWEallsmile mentioned, in theory it should be OK. But the embassy probably has a policy of requiring the passport and I think you have pretty high chances of them refusing your application once they see you don't have your husband's passport. If this happens, then you will have a choice either to fight this (which eventually should work but will take time and energy) or to go back to the start and apply for the UK passport.
I think getting the passport will make it easier for you. If you want to go with the naturalisation certificate only, my advice is to at least contact the embassy beforehand and ask them if they are OK with that.

[Sunshine86]

Yes I suggest to tell them about the Canadian visa refusal. Under EU Treaty Rights they can't use this to refuse your Irish visa so you'd better be honest about it (under EU Treaty Rights, they can only refuse your visa if you are considered a threat to public safety or if you provided bad quality documents in your application).

I see you insist about using the naturalisation certificate on this thread and your other one ...

As EUsmileWEallsmile mentioned, in theory it should be OK. But the embassy probably has a policy of requiring the passport and I think you have pretty high chances of them refusing your application once they see you don't have your husband's passport. If this happens, then you will have a choice either to fight this (which eventually should work but will take time and energy) or to go back to the start and apply for the UK passport.
I think getting the passport will make it easier for you. If you want to go with the naturalisation certificate only, my advice is to at least contact the embassy beforehand and ask them if they are OK with that.

Thanks Jeupsy, but again I have tried contacting INIS through emails and Irish Embassy in my country, Delhi but no one has come back to me. Is there any other way to contact them and find out exactly what I can or cannot do in this case?

Much appreciated.

[jeupsy]

Just to double check - have you tried to call/email them with the contact details below? (it was with a different embassy, but my experience with phoning them is that if you try all the numbers at a few different times during the working hours, at some point you can manage to talk to someone)

Reception desk
Tel: +91 (0)11 4940 3200
Email: newdelhiembassy@dfa.ie

Visa office
Tel: +91 (0)22 67866033
Email: newdelhivisaoffice@dfa.ie

[Sunshine86]

Just to double check - have you tried to call/email them with the contact details below? (it was with a different embassy, but my experience with phoning them is that if you try all the numbers at a few different times during the working hours, at some point you can manage to talk to someone)

Reception desk
Tel: +91 (0)11 4940 3200
Email: newdelhiembassy@dfa.ie

Visa office
Tel: +91 (0)22 67866033
Email: newdelhivisaoffice@dfa.ie

Hi Jeupsy

Yes its the above address and numbers I have tried to contact them however I will try at different times as per you.

Thank you

[Sunshine86]

Yes I suggest to tell them about the Canadian visa refusal. Under EU Treaty Rights they can't use this to refuse your Irish visa so you'd better be honest about it (under EU Treaty Rights, they can only refuse your visa if you are considered a threat to public safety or if you provided bad quality documents in your application).

I see you insist about using the naturalisation certificate on this thread and your other one ...

As EUsmileWEallsmile mentioned, in theory it should be OK. But the embassy probably has a policy of requiring the passport and I think you have pretty high chances of them refusing your application once they see you don't have your husband's passport. If this happens, then you will have a choice either to fight this (which eventually should work but will take time and energy) or to go back to the start and apply for the UK passport.
I think getting the passport will make it easier for you. If you want to go with the naturalisation certificate only, my advice is to at least contact the embassy beforehand and ask them if they are OK with that.

Thanks Jeupsy, but again I have tried contacting INIS through emails and Irish Embassy in my country, Delhi but no one has come back to me. Is there any other way to contact them and find out exactly what I can or cannot do in this case?

Much appreciated.

Hi Jeupsy

At last I have the response from Visa office, Dublin and they said yes I can use the certificate in lieu of the passport. But when I phoned the visa submission center at my place they were not sure of it whether they can accept the application without the copy of my spouse's passport.

Do you think I am right in going ahead with this application if along with it, I also take the print out of their email confirming the exception to the passport?

Please suggest.

Thanks

[jeupsy]

If it is was for me, I would have applied for the UK passport in the first place to keep things straight forward

However, since you have an email confirmation from the visa office, I think if you print this and attach it to your application it is difficult for the processing centre to refuse taking your application. If they do, just email the visa office again and ask them for help as they confirmed it was OK but the embassy is refusing to accept your application.

[Sunshine86]

If it is was for me, I would have applied for the UK passport in the first place to keep things straight forward

However, since you have an email confirmation from the visa office, I think if you print this and attach it to your application it is difficult for the processing centre to refuse taking your application. If they do, just email the visa office again and ask them for help as they confirmed it was OK but the embassy is refusing to accept your application.

Thanks Jeupsy again. I have emailed the visa office again to confirm this for me. However another query, since this visa is to accompany my EU husband in Ireland therefore, does my husband need to travel to India first so we can travel together or can we actually meet up somewhere in the UK in order to reach Ireland together. What do you suggest?

Again thank you for your continued support javascript:emoticon(':)')

[jeupsy]

Your husband definitly doesn't have to come to India and there is no issue if you arrive toghether from the UK.
I think even if the visa is to accompany your spouse, you don't actually need to arrive in Ireland on the same flight and cross the border toghether, but if this is something you might want to do it probably is a good idea to double check with the visa guys.

All the best for you visa application!

[Sunshine86]

Your husband definitly doesn't have to come to India and there is no issue if you arrive toghether from the UK.
I think even if the visa is to accompany your spouse, you don't actually need to arrive in Ireland on the same flight and cross the border toghether, but if this is something you might want to do it probably is a good idea to double check with the visa guys.

All the best for you visa application!

Thank you but I do not understand the essence of this visa if we dont travel together. Correct me if Im wrong but are you implying that we both can travel to Ireland at different times as long as I have the mandatory docs on me, therefore I wouldnt have any issues at the customs if I did so.

Also, for exercising rights, if my husband becomes a student then does he have to be a full time student enrolled in a university or he can be enrolled for any course say diploma for six months?

Kind Regards,

[Amber]

Is it important that we travel together into Ireland. If not, then My husband would be flying from Scotland and I from India.

Some wise people on this forum suggested its not. But I am not sure how to get through at border control in Ireland with their interrogation. What will they ask me if my EU spouse is not with me.

What are my options?

Could my husband travel before me and wait for me outside airport or even could I meet him later at the accommodation.

Please advice.

[Latintraveller]

It is very important that he waits in the airport to meet you. They may ring him on his mobile and come out to speak with him.

[Sunshine86]

It is very important that he waits in the airport to meet you. They may ring him on his mobile and come out to speak with him.

Actually you don t need to travel same flight but the eu citizen.needs to arrive to Ireland before the spouse

So would it be fine if he travels a day before me and then comes to the airport to pick me up the next day?

In order to prove that my eu spouse has already entered the state, would carrying a copy of his traveling tickets and passport be enough?

Did you travel alone?

Thanks

[Latintraveller]

I travelled a month before my wife and step-son. Before issuing the visa Immigration emailed me as they wanted evidence I was in the state. I scanned and sent copies of car insurance, petrol receipts etc and they issued the visa a few hours later.