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"Preventing abuse of the system (Marriages of Convenience)" has been stated as the reason in many DOJ documents for the strictness of controls, and has been quoted to me so many times by DOJ Telephone operators, that I suspect requiring proving legal Residence in another EU country, proves that the marriage is not existing merely to get the non-EU spouse entry into Ireland (or the EU).(28 ) To guard against abuse of rights or fraud, notably marriages of convenience or any other form of relationships contracted for the sole purpose of enjoying the right of free movement and residence, Member States should have the possibility to adopt the necessary measures.
Ok...why are they excluding Irish people from this though? Are Irish people less subject to marriages of convenience? This is 100% discrimination. I'm sorry, no one cares cause us EU-non Irish, do not vote here, hence why should a politician give a rats backside?scrudu wrote: "Preventing abuse of the system (Marriages of Convenience)" has been stated as the reason in many DOJ documents for the strictness of controls, and has been quoted to me so many times by DOJ Telephone operators, that I suspect requiring proving legal Residence in another EU country, proves that the marriage is not existing merely to get the non-EU spouse entry into Ireland (or the EU).
I am EU so I have no problem in staying here.scrudu wrote:
Babsie: I guess for your situation, you personally can continue to live her on the basis of your citizenship of an EU country, but as for your spouseHow is he currently legally residing here? I realise this isn't the solution you are looking for, but can he get an extention of his current work permit/visa, or apply for long term residency while this mess is being sorted out?
Hi Scrudu, I'm actually not sure I follow you anymore. On what basys would he apply for a LTR? And like I said, he's applied for the D-Spousal visa in august 2006 already and hes been told his application is now on hold due to this court case. And no, he would not apply from a N. Ireland address while working here! It doesn't sound legal at all and we would never ever go down that route.scrudu wrote:Babsie: Long term residency is definitely something your husband needs to look into, as one of the rights of LTR is that you dont require Work Permits anymore and can work for any employer. I don't know enough about Work Permits to comment on that route. Again, do check out about the D-Spouse visa application. You could always apply from a N.Ireland address while remaining working in the Republic.
So how does one apply for the D-Spouse visa...scrudu wrote:No, the EU1 application is for non-EU spouses of EU citizens who are resident in Ireland (or wish to move to Ireland) for the purposes of work, and who were previously legally resident together in another EU country (Irish interpretation).
The D-Spouse visa application is the procedure used by a non-EU national who wishes to join their Irish spouse in Ireland. This was the application procedure used by non-EU spouses of EU citizens prior to the EU1 application (May 2006).
As I said, if the EU1 now "does not apply to you", perhaps you can go the old route?