Irish Citizen marrying non-EU (Indonesian) National

[Eire]

Hi Static
I am old reader of this forum and personally affected by the irish immigration law.I'm married to an EU national here in Ireland. Myself ,I am from a visa required country, at least untill Jan 2007,when my country joins EU. My Eu1 app.was rejected and I am fighting the case in the Court.
As you are moving from other EU State to Ireland you are supposed to apply via EU1 form to join your spouse.To tell ya honestly I went through that procedure,the irish law implements the EU law very funny,so these applications are being refused on dayly basis. I was scrued on the bais that I haveven't moved from another EU State to Ireland and I am worried about you that they will implicate your case as you entered on C-tourist Visa. You were supposed to be let to cross the border as a non visa national upon presenting the Marriage Cert as a proof that you are accompanied by your spouse,who exercises his rights of Free movement by the EU Treaty. By stamping your passport they restricted you within less than 3 months so you won't be able to apply via EU1 form. I don't want to be bearer of bad news, I am just trying to predict the unpredictable as I have simillar problem and a bit experience with bureaucracy. So they might tell you that you should have applied for EU residence permit prior to your departure to Ireland(from UK) or reject it on the basis that you have less than 3 months residence prior to your EU1 application. The bad thing is that they will keep quiet for at least 6 months and then serve you the surprise. I hope that you will be granted with permission to reside, but on the other side they don't care much about what you think and feel.
I gave them pressure with the local TD as they kept the passports and I could not travel, so my refusal came after 1 month from my EU 1 application.
It is sad because nevertheless the EU law gives nice rights to their citizens, it's being infringed on different basis, so the couples a pressurised to fall appart or follow the orders and relocate to other countries.
We can talk a lot,but remember my advice - get a good solicitor that knows the European law, don't loose your time!It is valuable to be ahead, don't let your legal status to lapse. If you want I can give you the details of my solicitor.It's a very thin point of law and the administrative procedures will not spare your nerves!

[Eire]

Hey Scrudu, Fair play to ya!Glad to hear about your possitive outcome!

[kalimoxo]

Hi everyone,

I only found this notice board tonight so hopefully you are all happily married and working in Ireland as some of the messages were from 2006. My situation is exactly the same, I am irish, my boyfriend Colombian and we returned to Ireland to live after having lived in Spain for over a year and a half. We had been living there for 3 years more before we met.

Anyways - he came to ireland on a 6 month student visa (July-December) actually 5 months as in Spain he is waiting for his Spanish passport and so can't be out of Spain for more than 171 days or he will lose his Spanish passport so we couldn't let that happen.

However we decided that we wanted to get married so he could stay with me instead of doing the distance thing as also job opportunites are much better in Ireland and his family are coming to visit so we know its the right time to do it for many reasons. We have our meeting with the registrar office on Feb 27th and well then we will marry in March but THE SAME SITUATION HAS AROSE FOR US....if he marries me he has no problem staying in the country but we must send a copy of our marriage cert to the imigration office to apply for his residency visa - a VISA 4 which must be renewed on a yearly basis (not a problem once married - they never refuse from what I hear) however HE CANT BLOODY WORK!!!!!! so we now say - why get married when he can stay in Spain and wait for his passport and work there as he has residency there and then just move to ireland when he gets his passport but THAT ISN'T FAIR - that means that Ireland is actually denying us our civil rights as a couple to marry as if we do he will not be able to work until his residency papers come through which in BURGH QUAY they told me can take up to 11 months now - a year ago it was less time to wait but now there are over 150 marriages a week in the registrar office or more and so the process takes alot longer.

IS THIS TRUE? IS THERE ANYONE THAT HAS ALREADY SENT IN THEIR MARRIAGE CERT AND IS AWAITING A STAMP 4 VISA OR LEGAL RESIDENCY VISA -

This is a joke...I said to him that if we want to be together it would make more sense to do the distance thing but if he applies for a student visa for another 5-6 months then at least he can work for 20hrs a week and 40hrs a week when on holidays from the school - SO IT LOOKS LIKE IRELAND ARE MORE VISA FRIENDLY TO STUDENTS THEN TO NON-EUS MARRIED TO IRISH NATIONALS - that is sooooo messed up don't ya think.

Don't know what we will decide after having the meeting with the civil resistrar office on Feb 27 - maybe they can shed more light on the situation and the time frames for residency papers.

If anyone know any more info I should have then please answer me as I will log on each day to see if there are any replies.

Thanks
Grazi



[/b]

[JAJ]

Please post a new question on a new thread. This thread is over a year old and hijacking it will just confuse people.

The thread is now closed.