NEED ADVICE MOVING TO IRELAND WITH MY NON-EU SPOUSE

masmaqadz · Post by **masmaqadz** » Sun Jul 22, 2012 3:25 pm

I really appreciate any advice I get from this forum.
I am british citizen (by birth) got married to my lovely husband who is from pakistan in 2010. He came in to UK on a student visa and in 2007 he had some problem and became illegal in UK. We met in 2009 and finally got married in 2010 and he applied for a UK visa in 2011 on human right and marriage basis but home office refused him in february 2012 and then his solicitor sent his application again for reconsideration. It is still under reconsideration but with new laws and knowing with my part time job, I can never fulfill these new sponsoring requirements.
After bit of research about EEA and their family member can move to another EU country and my husband should not have problem getting a visa from Irish embassy in London. I whould like to know if tht really is tht easy or is it hard work to convince irish embassy to grant him a visa so he and I can finally start our lawfull married life in Ireland. Many thanks.

Ben · Post by **Ben** » Sun Jul 22, 2012 3:56 pm

Hello,

You can move to Ireland together, so long as, after the initial three months of arrival, you either work, become self-employed, engage in a course of study or have sufficient funds for you both to live on.

In any case, your husband can apply for an EUTR visa from the Irish embassy in London. It's free and must be issued on the basis of an accelerated procedure. Both of your passports will be required, together with your marriage certificate. That is all. Alternatively, drive over (no visa required).

masmaqadz · Post by **masmaqadz** » Sun Jul 22, 2012 4:08 pm

Ben wrote:Hello,

You can move to Ireland together, so long as, after the initial three months of arrival, you either work, become self-employed, engage in a course of study or have sufficient funds for you both to live on.

In any case, your husband can apply for an EUTR visa from the Irish embassy in London. It's free and must be issued on the basis of an accelerated procedure. Both of your passports will be required, together with your marriage certificate. That is all. Alternatively, drive over (no visa required).

Thanks for your answer. I recnetly phone irish embassy visa info number and asked them about requirement for my spouse visa and their answer to me was IF HE IS NOT LAWFULLY PRESENT IN UK THEN HE CAN ONLY APPLY FROM HIS HOME COUNTRY FOR IRISH VISA. I argues that EU law doesnt says the same and the man on fone answered me HE DONT KNOW ABOUT THAT.

Ben · Post by **Ben** » Sun Jul 22, 2012 4:13 pm

Nope, that's not true. The Irish used to think it was true, but they were wrong and in any case it was clarified in the ECJ ruling in the case of Metock.

More importantly, what do you intend to do when you live in Ireland?

masmaqadz · Post by **masmaqadz** » Sun Jul 22, 2012 4:56 pm

Ben wrote:Nope, that's not true. The Irish used to think it was true, but they were wrong and in any case it was clarified in the ECJ ruling in the case of Metock.

More importantly, what do you intend to do when you live in Ireland?

My intention is living and working there and if he able to work their then both make a life and live in dublin. My family has cut every link with me so my only family is my husband and I will do anything to be with him and make a life togather. I am currently working in a supermarket in UK and whould like to look for a similar kind of job in Ireland aswell.

Ben · Post by **Ben** » Sun Jul 22, 2012 4:57 pm

Will you be bringing a car over or flying?

masmaqadz · Post by **masmaqadz** » Sun Jul 22, 2012 5:04 pm

Ben wrote:Will you be bringing a car over or flying?

My husband can drive he got FULL UK driving license but I styll not passed my test, We prefer flying but we can use the car route aswell as an option if flying doesnt work out. Thats the reason I wanted him to apply for an Irish visa from UK.

Ben · Post by **Ben** » Sun Jul 22, 2012 5:13 pm

Driving over is more beneficial as you are unlikely to meet an immigration officer on arrival in Ireland.

If flying, check-in online to avoid having to meet with airport check-in staff on departure from Britain. Ryanair is not an option.

If obtaining an Irish EUTR, all of the above is irrelevant.

masmaqadz · Post by **masmaqadz** » Sun Jul 22, 2012 5:15 pm

Ben wrote:Driving over is more beneficial as you are unlikely to meet an immigration officer on arrival in Ireland.

If flying, check-in online to avoid having to meet with airport check-in staff on departure from Britain. Ryanair is not an option.

If obtaining an Irish EUTR, all of the above is irrelevant.

If we go by car and get to Ireland then how he get a visa there. Does he have to reprt to police there.

Ben · Post by **Ben** » Sun Jul 22, 2012 6:58 pm

No. For up to three months your (and his) right of residence is unconditional. After that, and providing you're working, he can apply for a residence card using form EU1.

masmaqadz · Post by **masmaqadz** » Sun Jul 22, 2012 8:56 pm

Ben wrote:No. For up to three months your (and his) right of residence is unconditional. After that, and providing you're working, he can apply for a residence card using form EU1.

. Thanks alot. Just wondering whn we will be in ireland in them 3 months if i wants to come back to uk to wrap up few thyngs fr like lets say couple of weeks, then does tht affects his application

Irishmigrant · Post by **Irishmigrant** » Tue Jul 24, 2012 2:52 pm

Hi,

You can's apply Irish visa (not only Irish visa but also other european visas as well) without proper residence in UK. The Embassy wants to know your spouse's status.
Also If you drive by car to Ireland still his stay is considered as illegal in Ireland. Unless he is EEA citizen or from any other country which doesnot require visa to enter Ireland. Irish immigration is not same as other EU and UK. Be careful. Dont lose your present for nothing. Analise in all the ways and take more time.
Ireland is economically more worst than UK at this time. Jobs are very rare and especially for asians of non professional, it is very hard, unless you are highly qualified professional.

masmaqadz · Post by **masmaqadz** » Tue Jul 24, 2012 6:48 pm

Irishmigrant wrote:Hi,

You can's apply Irish visa (not only Irish visa but also other european visas as well) without proper residence in UK. The Embassy wants to know your spouse's status.
Also If you drive by car to Ireland still his stay is considered as illegal in Ireland. Unless he is EEA citizen or from any other country which doesnot require visa to enter Ireland. Irish immigration is not same as other EU and UK. Be careful. Dont lose your present for nothing. Analise in all the ways and take more time.
Ireland is economically more worst than UK at this time. Jobs are very rare and especially for asians of non professional, it is very hard, unless you are highly qualified professional.

His status in this country is NUL. He overstayed in UK since 2007, he recently applied for FLR(M) on human right basis but got rejected from the home office in UK. My only family is my husband and as long as we are togather I dont mind if its UK or Ireland. I am not super qualified but I am sure I will find something and my savings are with me which probably will help us initially.
My only concern is will IRISH consulate on him applying a visa will reject him and not follow ECJ ruling Metock!!!

Post by **Directive/2004/38/EC** » Wed Jul 25, 2012 2:36 am

Ben wrote:your husband can apply for an EUTR visa from the Irish embassy in London

Does Ireland now have a seperate EU visa application for family of EU citizens? Interesting. I must look more into it.

Irishmigrant wrote:Also If you drive by car to Ireland still his stay is considered as illegal in Ireland. Unless he is EEA citizen or from any other country which doesnot require visa to enter Ireland. Irish immigration is not same as other EU and UK.

This is not correct at all. He is required to be given entry to Ireland at the border. His residence status in the UK is of no concern to Ireland and is not relevant for entry into Ireland. See http://eumovement.wordpress.com/2010/08 ... to-travel/

Irishmigrant · Post by **Irishmigrant** » Wed Jul 25, 2012 10:03 am

But as a EU citizen she can enter any EU country but for his entry she needs to apply from his home country only. Because Irish embassy here in UK won't process his application. Still they may ask him to submit from his home country. And there is no provision for issuing visa at the border or in his port of entry in Ireland.

Post by **Directive/2004/38/EC** » Wed Jul 25, 2012 10:34 am

Irishmigrant wrote:But as a EU citizen she can enter any EU country but for his entry she needs to apply from his home country only. Because Irish embassy here in UK won't process his application. Still they may ask him to submit from his home country.

There is no need for the family member of an EU citizen to apply in their home country. They can apply in any country that they happen to be in, so long as they intend to travel with or join the EU citizen in the host member state.

Irishmigrant wrote:And there is no provision for issuing visa at the border or in his port of entry in Ireland.

Absolutely wrong. Did you read through the link I sent? MRAX applies also to Ireland! My wife entered Ireland without holding a valid Irish visa. Dublin airport in fact! I was necessarily travelling with her. We had to present our marriage certificate. Took about 45 minutes while the border guards figured things out. And then we took the cheap bus into town. It was a lovely sunny spring day.

masmaqadz · Post by **masmaqadz** » Thu Jul 26, 2012 4:16 pm

Directive/2004/38/EC wrote:
Irishmigrant wrote:But as a EU citizen she can enter any EU country but for his entry she needs to apply from his home country only. Because Irish embassy here in UK won't process his application. Still they may ask him to submit from his home country.
There is no need for the family member of an EU citizen to apply in their home country. They can apply in any country that they happen to be in, so long as they intend to travel with or join the EU citizen in the host member state.

Irishmigrant wrote:And there is no provision for issuing visa at the border or in his port of entry in Ireland.
Absolutely wrong. Did you read through the link I sent? MRAX applies also to Ireland! My wife entered Ireland without holding a valid Irish visa. Dublin airport in fact! I was necessarily travelling with her. We had to present our marriage certificate. Took about 45 minutes while the border guards figured things out. And then we took the cheap bus into town. It was a lovely sunny spring day.

thanks a billion directive ... We just need to request his passport back from Home office and then we set to go.

Post by **Directive/2004/38/EC** » Fri Jul 27, 2012 12:12 am

I would probably do the following if I were you.

Get the passport back

Apply for an Irish visa. (I have personally found them not too helpful, but worth giving it a go.)

If you have a problem getting the visa, then simply take the ferry to Ireland or to Northern Ireland and enter on the basis of MRAX.

Be sure to ALWAYS travel with your marriage certificate. If you have only one, order another copy or two so that you can keep an original tucked in with your travel documents. And always carry a copy of the top part of http://eumovement.wordpress.com/2010/08 ... to-travel/ with you

masmaqadz · Post by **masmaqadz** » Fri Jul 27, 2012 1:45 am

Directive/2004/38/EC wrote:I would probably do the following if I were you.

Get the passport back

Apply for an Irish visa. (I have personally found them not too helpful, but worth giving it a go.)

If you have a problem getting the visa, then simply take the ferry to Ireland or to Northern Ireland and enter on the basis of MRAX.

Be sure to ALWAYS travel with your marriage certificate. If you have only one, order another copy or two so that you can keep an original tucked in with your travel documents. And always carry a copy of the top part of http://eumovement.wordpress.com/2010/08 ... to-travel/ with you

Thanks very much. Thats what we thought of doing. When you mentioned MRAX you mean C-459/99 (MRAX vs Kingdom of Belgium)??

Post by **Directive/2004/38/EC** » Fri Jul 27, 2012 2:07 am

Exactly that MRAX. It is pointed to and quoted in http://eumovement.wordpress.com/2010/08 ... to-travel/

masmaqadz · Post by **masmaqadz** » Tue Jul 31, 2012 8:00 pm

Thanks fr the advices. I am in sort of new dilema, when we first applied for COA in december 2010 they retained his passport and then whn we made application fr his leave to remain in followingyear they refused his application but styll haven't returned his passport. If we want to go ireland he needs his passport and my solicitor said they only return his passport back if he go back to his country and that's only in airport. I don't know if the solicitor saying the right thyng or we can get it bk.

Ben · Post by **Ben** » Wed Aug 01, 2012 9:58 am

Go on the ferry, via Northern Ireland (to be safer).

Once in Ireland he can apply for a replacement passport from the Pakistani embassy in Dublin.

Post by **Directive/2004/38/EC** » Wed Aug 01, 2012 11:59 am

Ben wrote:Once in Ireland he can apply for a replacement passport from the Pakistani embassy in Dublin.

You might even be able to request your passport be sent to the British embassy in Dublin.

I actually kind of like Ben's idea. MRAX, the case mentioned in http://eumovement.wordpress.com/2010/08 ... to-travel/ is your friend and you should be very clear what it says.

masmaqadz · Post by **masmaqadz** » Wed Aug 01, 2012 5:05 pm

Directive/2004/38/EC wrote:
Ben wrote:Once in Ireland he can apply for a replacement passport from the Pakistani embassy in Dublin.
You might even be able to request your passport be sent to the British embassy in Dublin.

I actually kind of like Ben's idea. MRAX, the case mentioned in http://eumovement.wordpress.com/2010/08 ... to-travel/ is your friend and you should be very clear what it says.

Thanks Million for your advice. Once we in ireland we can try going to British Embassy in Dublin and request them to send his passport to dublin.

Post by **Directive/2004/38/EC** » Thu Aug 02, 2012 12:06 am

Read MRAX carefully!

And remember that it is very important that the EU citizen find work within 90 days. McDonalds is fine, even part time. But it has the be paid work, and it should leave a paper trail of evidence (wuch as a letter from your employer confirming employment, or pay slips or a contract). This is needed both for the initial Irish Residence Card (called 4EUFam) and if you ever want to use Singh to return to the UK.

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NEED ADVICE MOVING TO IRELAND WITH MY NON-EU SPOUSE

NEED ADVICE MOVING TO IRELAND WITH MY NON-EU SPOUSE