From UK Moving to IRELAND, can my NON_EU SPOUSE join me??

[highhorse]

hi ben

what if i am planning to move there? i would take self employment as i am a childminder. he can still join me?

i know that after 3 months i then have to apply for other stuff but i just want to get us both their initially!

thanks

Let's say you move to Ireland tomorrow, 28th July. Between 28th July and 28th October, your right to reside in Ireland is unconditional (you do not have to be working / self-employed / studying / financially self-sufficient).

Providing your husband intends to join you in Ireland before the 28th October, and submits an application for an entry visa in good time, the only documents that need to be provided are those which prove that:

• he is a national of India,
• he is your spouse,
• you are a national of the UK,
• you are resident in Ireland and have been so for less than three months.

Armed with the above, a visa can only be refused if your husband poses a thread to public policy, security or health.

ok, so when i fill in the forms, what do i put when it asks for financial documents, address in ireland etc??

and also we will tell them about our immigration problem with uk but can this mean they refuse? hes been to uk 6 times, never overstayed but did take money on one visit for sports coaching, although this is frustrating immigration rules it isnt a threat to anyone. however he is not allowed in uk at present.

is it possible for them to refuse this visa or is it an automatic right?

im just worried as i dont want anything to go wrong, particularly if i have up sticks and moved to ireland!!

should i write a cover letter?

sorry if im frustrating with daft questions!!!

(i want to go to ireland mid-august, and then get a house to rent, however i want to apply for him to join me asap. should i get house first then apply?)

[Ben]

ok, so when i fill in the forms, what do i put when it asks for financial documents,

Leave it blank.

address in ireland etc??

Put an address if you have one, otherwise leave it blank.

and also we will tell them about our immigration problem with uk but can this mean they refuse? hes been to uk 6 times, never overstayed but did take money on one visit for sports coaching, although this is frustrating immigration rules it isnt a threat to anyone. however he is not allowed in uk at present.

Not relevant, no need to mention.

is it possible for them to refuse this visa or is it an automatic right?

It's an automatic right but can be refused if it is reasonably believed that your husband's entry to Ireland might pose a threat to public policy, security or health.

should i write a cover letter?

No harm, especially if you make clear that you know your / he knows his rights.

(i want to go to ireland mid-august, and then get a house to rent, however i want to apply for him to join me asap. should i get house first then apply?)

Whichever you prefer. Remember - if you're in Ireland less than three months, your right of residence is unconditional and so is his (unless he poses a threat to public policy, security or health).

[highhorse]

ok, so when i fill in the forms, what do i put when it asks for financial documents,

Leave it blank.

address in ireland etc??

Put an address if you have one, otherwise leave it blank.

and also we will tell them about our immigration problem with uk but can this mean they refuse? hes been to uk 6 times, never overstayed but did take money on one visit for sports coaching, although this is frustrating immigration rules it isnt a threat to anyone. however he is not allowed in uk at present.

Not relevant, no need to mention.

is it possible for them to refuse this visa or is it an automatic right?

It's an automatic right but can be refused if it is reasonably believed that your husband's entry to Ireland might pose a threat to public policy, security or health.

should i write a cover letter?

No harm, especially if you make clear that you know your / he knows his rights.

(i want to go to ireland mid-august, and then get a house to rent, however i want to apply for him to join me asap. should i get house first then apply?)

Whichever you prefer. Remember - if you're in Ireland less than three months, your right of residence is unconditional and so is his (unless he poses a threat to public policy, security or health).

hi, just thought i would show you what it says on the vfs website where we are supposed to apply;
IRELAND
FAMILY MEMBER OF EU CITIZEN
NON EEA Family Member of EU Citizen
Spouse/Child
NOTE: WHERE ORIGINAL DOCUMENTS ARE REQUESTED PLEASE ALSO SUPPLY A PHOTOCOPY OF THESE IF YOU WISH TO HAVE THE ORIGINAL RETURNED.
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/accompany the EU Citizen in Ireland the following documents are required:
Yes No
1. Fully completed and signed Application Summary , which can be printed out after an online application is made. This should be submitted with one passport photo – please see document on photo requirements.
2. Original Passport valid for at least 6 months after the intended date of departure
from Ireland following visits. Passport must have sufficient space for a visa to be inserted, at least one empty page is required.
If your passport does not comply with the above your application will be returned to you.
A copy of all pages of your passport is required.
3. You should submit all previous passports along with a photocopy of each page of all the passport(s) submitted. If you have been refused a visa for any other country, details of this, preferably the original letter issued to you by the authorities of that country, should be submitted. Concealment of other visa refusals will result in your Irish visa application being refused
4. Marriage Certificate – evidence (apostilled document) that marriage
has been registered in applicant’s country of origin/residence
5. Birth Certificate (long form) for children under 21 years, letter of parental
Consent (Where a child under the age of 18 is travelling alone, the consent of both parents/guardians is required. If the child is travelling with one parent,
the consent of the other parent is required. Where only one parent has
total custody and access rights, official evidence of this must be provided.)
6. National identity card (signed if required)
7. 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

he does not pose a threat to anyone, health or otherwise! what does public policy mean?

i think i am getting in a state about nothing but we are apart at the moment so it makes it all seem more daunting than perhaps it really is!

[Delaine]

Hi,

I was just having a read thru this thread, as my move date to Ireland is 3rd November. Re. EU1 form and previous immigration history - I actually thought there was a question regarding previous immigration history in another state..noticed there was a query regarding whether previous immigration history relevant.

eg EU1 asks if you have ever been deported from Ireland, then another question asks if youve been deported from another EU state. My husband has been deported from UK in the past re. overstaying. Since the question is asked, we will tick 'yes' on the form...I dont think we can leave it blank, can we? Or is that possible? Although wouldnt want to hide anything as I always think that makes things more difficult in the long run.

But what I am thinking is, when entering Ireland you dont have to be present the completed form EU1 do you? As in can you just enter and decide within 3 months to complete the EU1, you dont have to have it with you at airport or apply for it at airport on arrival?

[Vikingdub]

Your husband will have to answer a number of questions regarding his Immigration History including the following see http://www.inis.gov.ie/en/INIS/Pages/Applying%20Online


•
Have you ever been refused a visa to a country, other than Ireland?
•
Have you ever been refused entry to, deported from, or otherwise asked to leave a country other than Ireland?
•
If you answer ‘Yes’ to any of these 4 questions, you must give details in the box provided, including the country concerned, dates and the reason.
•
If you answer ‘No’ to any of these questions and it is subsequently discovered that you have not answered truthfully, your visa application will be refused.



http://www.inis.gov.ie/en/INIS/Pages/Applying%20Online

[Toni576]

if you an eu citizen and excercising your treaty right in any eu country, you would not have a problem bringing your non eu spouse to be with you.
just come to ireland, get accomodation and a job, then send for him, he has to submit your marriage certificate, your original passports, then his visa will be issued as soon as possible without visa fee(free). He should apply for D class visa to join eu spouse, valid for 6 months. At the port of entry, the immigration officer may endorse 1 month enry stamp in his passport and will tell him what to do to regularise his stay.

He can also be issued with visa only for the fact that you are an eu citizen planning to take a trip eg holiday for 3 months or less in Ireland, in that case he is comming to spend a holiday with you, it doesnt matter if you have started excercising your right or not. But i would advice you to come here, get a job and then your husband applies for a visa to join you, this is really not too stressful expecially when you have started excercising your treaty right here in ireland.
Good luck.

Hi,
Newby here, I am a UK citizen whom has moved to Dubin, due to refusal in the UK, my husband is residing in Albania (he went back to apply for Fiance Visa and was not allowed to leave, we have since married). I have been living in Dublin for 6 months and working for 4 months, we have applied for the Join Spouse EEA family member visa but have been waiting 4 months for the answer (told it would be 6 weeks). The longer it takes to get an answer the more we think we will be refused, from what I have read above it looks like we should not be refused. However if we are refused, could I also bring him here without a visa, as OP was advised or is it too late because I have been here longer than 3 months? Please excuse my ignorance, I have never heard of this route before. If it is too late is there something else we can do? Waiting for the answer on this visa is agony, we cannot make any plans, do they not realise what they do to people, doubt they care anyway! Please help we are really desperate, we have been apart for two years now and are willing to try anything.

[fatty patty]

if you an eu citizen and excercising your treaty right in any eu country, you would not have a problem bringing your non eu spouse to be with you.
just come to ireland, get accomodation and a job, then send for him, he has to submit your marriage certificate, your original passports, then his visa will be issued as soon as possible without visa fee(free). He should apply for D class visa to join eu spouse, valid for 6 months. At the port of entry, the immigration officer may endorse 1 month enry stamp in his passport and will tell him what to do to regularise his stay.

He can also be issued with visa only for the fact that you are an eu citizen planning to take a trip eg holiday for 3 months or less in Ireland, in that case he is comming to spend a holiday with you, it doesnt matter if you have started excercising your right or not. But i would advice you to come here, get a job and then your husband applies for a visa to join you, this is really not too stressful expecially when you have started excercising your treaty right here in ireland.
Good luck.

Hi,
Newby here, I am a UK citizen whom has moved to Dubin, due to refusal in the UK, my husband is residing in Albania (he went back to apply for Fiance Visa and was not allowed to leave, we have since married). I have been living in Dublin for 6 months and working for 4 months, we have applied for the Join Spouse EEA family member visa but have been waiting 4 months for the answer (told it would be 6 weeks). The longer it takes to get an answer the more we think we will be refused, from what I have read above it looks like we should not be refused. However if we are refused, could I also bring him here without a visa, as OP was advised or is it too late because I have been here longer than 3 months? Please excuse my ignorance, I have never heard of this route before. If it is too late is there something else we can do? Waiting for the answer on this visa is agony, we cannot make any plans, do they not realise what they do to people, doubt they care anyway! Please help we are really desperate, we have been apart for two years now and are willing to try anything.

As far as my knowledge goes if the two of you are married and you are working here in Ireland and have payslips, bills etc to back it up than no one can refuse you. It would have been a longer 2 years route if you would have been just a cohabiting couple (not married). Hang in there you will get it defo as its taking around 5-6 months to turnaround cases. Your husband cannot travel on just the basis of a marriage certificate. He has to have a EUfam visa which the Irish will give you once your case is approved and by the looks of it your case will be (god willing). As far as coming into Ireland without a visa is concerned alot of contributor to this board are citizens of the countries where they can come into any EU country without having a visa...your husband is from Albania as far as my knowledge goes he does require a visa to get in. Please see this list if he do require visa or not...

http://www.dfa.ie/home/index.aspx?id=8777

[Toni576]

Hi Fatty Patty,
Thank you for your response, Albania is on the list which requires a visa. I do have all the proof and evidence, just worried where to go if by some possibility they do refuse, as I have heard that very few refusals are overturned at appeal. After reading the Official journal of the European Union document for which a link had been added, it seems that it would only apply if he was in another member state now, going from one member state to another, so I don't think we can go down that route.
Hopefully it will all be over soon, I hope you are right and I am worrying unnecessarily!

[highhorse]

if you an eu citizen and excercising your treaty right in any eu country, you would not have a problem bringing your non eu spouse to be with you.
just come to ireland, get accomodation and a job, then send for him, he has to submit your marriage certificate, your original passports, then his visa will be issued as soon as possible without visa fee(free). He should apply for D class visa to join eu spouse, valid for 6 months. At the port of entry, the immigration officer may endorse 1 month enry stamp in his passport and will tell him what to do to regularise his stay.

He can also be issued with visa only for the fact that you are an eu citizen planning to take a trip eg holiday for 3 months or less in Ireland, in that case he is comming to spend a holiday with you, it doesnt matter if you have started excercising your right or not. But i would advice you to come here, get a job and then your husband applies for a visa to join you, this is really not too stressful expecially when you have started excercising your treaty right here in ireland.
Good luck.

Hi,
Newby here, I am a UK citizen whom has moved to Dubin, due to refusal in the UK, my husband is residing in Albania (he went back to apply for Fiance Visa and was not allowed to leave, we have since married). I have been living in Dublin for 6 months and working for 4 months, we have applied for the Join Spouse EEA family member visa but have been waiting 4 months for the answer (told it would be 6 weeks). The longer it takes to get an answer the more we think we will be refused, from what I have read above it looks like we should not be refused. However if we are refused, could I also bring him here without a visa, as OP was advised or is it too late because I have been here longer than 3 months? Please excuse my ignorance, I have never heard of this route before. If it is too late is there something else we can do? Waiting for the answer on this visa is agony, we cannot make any plans, do they not realise what they do to people, doubt they care anyway! Please help we are really desperate, we have been apart for two years now and are willing to try anything.

hi

i was wondering why you are waiting last 5 months for this visa? is it simple the JOIN eu spouse you have applied for or have you applied for a residence card? join eu spouse visas should take a maximum of 4 weeks and they are obliged to issue this based on your marriage asap, this is eu law. it is an automatic right for him to join you providing he is not a threat to public health or safety? can i ask why he was refused a uk visa, is he banned from uk or just refused? this may be causing a hold up but definatly not for this length of time.

[Toni576]

Hi highhorse,
It is simply a Join EU Spouse Visa, I don't know why it is taking so long either. He is not banned from the UK, he left of his own choice, although he did overstay.

[highhorse]

Hi highhorse,
It is simply a Join EU Spouse Visa, I don't know why it is taking so long either. He is not banned from the UK, he left of his own choice, although he did overstay.

hi
as far as im aware and from the information i have gathered
they have to follow eu laws and the visa should be issued as quickly as possible. it is an automatic right that he joins you. he should be with you now and you shouldnt have been waiting this long, i would suggest you start writing letters and pointing out the relevant eu laws. they are supposed to take no more than 4 weeks. you also only need to prove you are exercising eu treaty rights by being employed or self employed, that with passports and marriage certificate is all thats required. of course the moderators will be able toconfirm all this for you or have a read through this thread as i originally asked a lot of similar questions. i hope you are together soon. i know the waiting is agony.

[Toni576]

Hi,
Thank you highhorse, can I ask you a few questions, when you got your yes, did they contact you, or did you get the answer from the INIS website? How long did it to take to get to Ireland, did they delay returning the passport? How do they send the passport, is it sent to your representative, your partner abroad, you in Ireland, sent to the embassy in the country that your partner is in, or do they contact you and let you decide? I know India has an Irish embassy but Albania does not, we had to do it through Greece, I would prefer to collect from Dublin as I plan to go out to Albania and bring my Husband back with me. I would hate to think of the passport being in the post for two weeks. Sorry for all the questions, I am very anxious.

[highhorse]

Hi,
Thank you highhorse, can I ask you a few questions, when you got your yes, did they contact you, or did you get the answer from the INIS website? How long did it to take to get to Ireland, did they delay returning the passport? How do they send the passport, is it sent to your representative, your partner abroad, you in Ireland, sent to the embassy in the country that your partner is in, or do they contact you and let you decide? I know India has an Irish embassy but Albania does not, we had to do it through Greece, I would prefer to collect from Dublin as I plan to go out to Albania and bring my Husband back with me. I would hate to think of the passport being in the post for two weeks. Sorry for all the questions, I am very anxious.

hi

i am in the same position as you, at the moment my husband is still in india but our application for him to join me has only just gone in, after 4 weeks i will be chasing it relentlessly. i will of course post here when i hear any news and tell you how we found out! the waiting is agony and so distressing, i dont think people realise how painful it is to be seperated from your partner. best of luck to both of us i say, but you should chase hard as you have been waiting a long time. have a look at this site, www.citizensinformation.ie and go to the moving to ireland part, theres some useful links to european law and brining over family. its a shame you have to go via greece etc as this just adds time on! we just applied straight to embassay in ireland so thats a bit simpler.

keep me update, when did you last see him?

[highhorse]

Hi Fatty Patty,
Thank you for your response, Albania is on the list which requires a visa. I do have all the proof and evidence, just worried where to go if by some possibility they do refuse, as I have heard that very few refusals are overturned at appeal. After reading the Official journal of the European Union document for which a link had been added, it seems that it would only apply if he was in another member state now, going from one member state to another, so I don't think we can go down that route.
Hopefully it will all be over soon, I hope you are right and I am worrying unnecessarily!

hi, just reading back throuugh your posts, are you referring to the fact that he has to be resident in another eu member state first before he can have automatic rights to join you? if so this rule was overturned a while ago and he no longer needs to be resident in another eu state?? dont quote me though,im learning too!

[Toni576]

Hi,
Sorry I had assumed you were now together, just because your original post was in July, I apologise for assuming. What I was referring to in my earlier post, was that he could travel without a visa/permission, but it does not apply to us, as he is not in another eu country with a right to stay there. I last saw my Husband in April which is why I am going crazy, we both are! We keep thinking we will wait for the answer before I go see him, but we did not expect it to take so long. Thank you for your advice, may I ask how long you have been apart? We am hoping to get the answer very soon, as the DOJ rang my work this week, to see if I still work there.

[Toni576]

Please help My Join EU Spouse Visa has been refused!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
What the hell do I do now? Please see my post MY JOIN EU SPOUSE VISA HAS BEEN REFUSED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I have put all the details in there, I need a very good Solicitor I think now.