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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Obie wrote:Rasaf , here is the details for the Consulate in Karachi.
The don't process any visa. The processing gets done in Tehran Iran.
http://www.embassiesabroad.com/embassie ... stan#11801
This is the website for the Embassy in Tehran.
They never state the D category visa we discussed to you. Have a chat with the consulate officials , inform them about you status as EEA national and the fact that you and your spouse would like to travel to Ireland under Article 5 of Directive 2004/38EC ,and that you would be pleased if they can provide you the appropriate application form to fill to fill for the visa.
I suspect you probably might need to come to Ireland and establish some minimal routes, but give it a go first and see what they say.
http://www.embassyofireland.org/home/in ... x?id=46374
Rasaf like the previous contributor states, the Irish Immigration are not particulary friendly and forthcoming in their dealing, but ultimately you will prevail as it is your right to live with your non-EEA family member wherever you see fit in the community.
Have a read at the directive which makes provision for the rights we have been explaining to you.
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF
in this post http://www.immigrationboards.com/viewtopic.php?t=41309Directive/2004/38/EC wrote:The non-EU family member(s) should have an entry visa, but it should be issued at no cost, as soon as possible, and on the basis of an accelerated process by the Embassy. You do not need to show any funds or proof that you have a job. They should take a maximum of 4 weeks to issue the visa."
They also mentionINIS.gov.ie wrote: •A detailed bank statement, showing sufficient funds, and covering the immediate 6 month period prior to submitting a visa application should be submitted.
could someone please confirm what documents I would need to supply. would this list be differnt if we were both flying in to Ireland from Pakistan.INIS.gov.ie wrote:•Evidence that the EU Citizen spouse is exercising their EU Treaty Rights by being employed/self employed in the State or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover.
I think three months will suffice, provided there is adequate funds going into the account over that three months period. As opposed to a lump sum deposited and a statement requested subsequently and forwarded.Rasaf wrote:thanks for clearing that up Obie, would it have to be six months, would three be enough,
do you think 2 or 3 thousand would be enough. also would I be able to apply while im in the UK,Obie wrote:I think three months will suffice, provided there is adequate funds going into the account over that three months period. As opposed to a lump sum deposited and a statement requested subsequently and forwarded.Rasaf wrote:thanks for clearing that up Obie, would it have to be six months, would three be enough,
To be honest with you, you should not have to provide such information. It is because you are outside the community area, that is why they are imposing those crazy requirements.
You can't apply for it in the UK , as she is not there. You have to apply for it together in Pakistan or you come and set few things up in Ireland and then get her to make the application from Pakistan, on the basis she is coming to meet her spouse in Ireland.Rasaf wrote:do you think 2 or 3 thousand would be enough. also would I be able to apply while im in the UK,Obie wrote:I think three months will suffice, provided there is adequate funds going into the account over that three months period. As opposed to a lump sum deposited and a statement requested subsequently and forwarded.Rasaf wrote:thanks for clearing that up Obie, would it have to be six months, would three be enough,
To be honest with you, you should not have to provide such information. It is because you are outside the community area, that is why they are imposing those crazy requirements.
OK that clears it up a bit, what I did mean was she applies for the visa in pakistan while im in th UK and then we both fly there, but I guess that I will either have to be in Ireland or with her in Pakistan.Obie wrote:You can't apply for it in the UK , as she is not there. You have to apply for it together in Pakistan or you come and set few things up in Ireland and then get her to make the application from Pakistan, on the basis she is coming to meet her spouse in Ireland.
I think 3k sounds alright. Remember they are not supposed to impose any fixed amount on you.
Have you got any plans in regards to what capacity you intend to exercise your treaty rights in Ireland?
Mate i'm off to bed now, but if you have any query, drop us a note or PM me and i will reply in the morning.
That is perfectly correctRasaf wrote: but I guess that I will either have to be in Ireland or with her in Pakistan.
Accomodation, probably medical insurance if you don't have a job yet or not involved in Self-Employment activities.Rasaf wrote:So If I was to go to Ireland what exactly would I have to setup.
You can exercise a treaty right, as self-employed, employed, Student or self sufficient. However if you want to return to the UK in six months, which you obviously want, you will have to either be Employed or Self employed.Rasaf wrote:I intend to work to exercise my treaty rights. Just out of curiosity what are the other ways that treaty rights can be exercised.
They normally require it, but i suspect you might be able to get away with it if you can show adequate resource.Rasaf wrote:Regarding the health insurance we would be required to get it after we are both in Ireland.
Wanderer wrote:The more I read this thread the more I wonder if the OP's plan could be construed as significantly contriving to frustrate UK immigration rules which on the face of it - it is.
But the EEA rules are there, nothing illegal is being done.
I suppose the HO could argue the contrary based on intent?
I dunno - what do others think?
EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases) wrote:It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he/ she could come back to the UK with his/ her family members under EC law.
I beg to differ with your argument.Wanderer wrote:The more I read this thread the more I wonder if the OP's plan could be construed as significantly contriving to frustrate UK immigration rules which on the face of it - it is.
But the EEA rules are there, nothing illegal is being done.
I suppose the HO could argue the contrary based on intent?
I dunno - what do others think?
You didn't dream it! I've also seen it somewhere before, and when I first saw your post I looked for it, but I just couldn't find it.Wanderer wrote:I have read somewhere (can;t find the link now) that the UK immigration rules have (or had) a section with the very opposite view - that's stuck in my mind - better find link or assume I dreamt it....
It really was there, Obie! But hey, fact has been known to be stranger than fiction, so who knows for sure?Obie wrote:Could it be a pigment of your imagination? I have been doing a search for the past 2 hours on this, everything that is coming up seem to be to the contrary.
I am nevertheless hopeful that i might find it eventually.
From an early post of mine;In general, where a non EEA spouse of a UK national is seeking to enter the UK for the purposes of living with his or her spouse, the ordinary immigration rules (as detailed above) will apply, even though the UK is part of the EEA. However, a small number of people may take advantage of the case of Surinder Singh [1992 3 All ER 798] which applies the rules relating to spouses of EEA nationals to non-EEA spouses of UK nationals. This is particularly important when it comes to marriage breakdown (see below). The ECJ held that, where a British citizen has been exercising a right to free movement in another EU state, the spouse of that British citizen will retain their rights to benefit from EU law on moving to the UK. Regulation 11 of the Immigration (European Economic Area) (Amendment) Regulations 2000 ("the Regulations") now therefore states that the spouse of a British citizen will be treated in this way, namely in the same way as a family member of an EEA national, if:
After leaving the UK, the British citizen resided in an EEA country and was employed there or was established there as a self-employed person;
The British citizen did not leave the UK in order to enable his family member to acquire rights under the Regulations and therefore evade the ordinary immigration law;
On returning to the UK, the British citizen would, if he or she were an EEA national, be a "qualified person", namely exercising Treaty rights, under the EEA Regulations; and
The marriage took place and the parties lived together in an EEA country before the British citizen returned to the UK.
http://nt4992.vs.netbenefit.com/article ... icleid=163Wanderer wrote:I found the quoted text but not the link - I know I linked it somewhere but for now here's the text;
From an early post of mine;In general, where a non EEA spouse of a UK national is seeking to enter the UK for the purposes of living with his or her spouse, the ordinary immigration rules (as detailed above) will apply, even though the UK is part of the EEA. However, a small number of people may take advantage of the case of Surinder Singh [1992 3 All ER 798] which applies the rules relating to spouses of EEA nationals to non-EEA spouses of UK nationals. This is particularly important when it comes to marriage breakdown (see below). The ECJ held that, where a British citizen has been exercising a right to free movement in another EU state, the spouse of that British citizen will retain their rights to benefit from EU law on moving to the UK. Regulation 11 of the Immigration (European Economic Area) (Amendment) Regulations 2000 ("the Regulations") now therefore states that the spouse of a British citizen will be treated in this way, namely in the same way as a family member of an EEA national, if:
After leaving the UK, the British citizen resided in an EEA country and was employed there or was established there as a self-employed person;
The British citizen did not leave the UK in order to enable his family member to acquire rights under the Regulations and therefore evade the ordinary immigration law;
On returning to the UK, the British citizen would, if he or she were an EEA national, be a "qualified person", namely exercising Treaty rights, under the EEA Regulations; and
The marriage took place and the parties lived together in an EEA country before the British citizen returned to the UK.
http://www.immigrationboards.com/viewto ... 0f3257f8de
This might be some phoney/spurious interpretation that was unveiled after the 1992 Ruling perhaps.Wanderer wrote:
The British citizen did not leave the UK in order to enable his family member to acquire rights under the Regulations and therefore evade the ordinary immigration law;
Any way good news as they are not asking for any of the other documents as mentioned on the INIS.gov.ie website.
From: IrishCons
Sent: Thursday, July 30, 2009 5:36 AM
To: Rasaf
Subject: Re: Visa Information
Dear Sir
you would need to provide the following documents for spouse visa
1. Passport valid for minimum 12 months
2. Clear copy of Irish/EU national's passport
3. Marriage certificate - attested copy of urdu Nikahnama and original plus attested copies of English translation
4. For recent marriages and marriages where you have not yet resided together please give full account of relationship history - when and where you met, and show evidence of this such as visas, entry/exit stamps on passport of Irish/Eu national.
5. If you got married in Pakistan you have to show your entry and exit stamps to confirm the dates on the marriage certificate
The applicant has to apply on line and send two copies of the application form , 2 phtographs on white background and two sets of the above documents. The normal visa processing time is 4 weeks
Website for applying on line is www.visas.inis.gov.ie
Visa Section