4EUFam holder and Non EU wife visa extension....

[Seena]

Hi All,

I really need your help.....

I am divorced from my first marriage and informed INIS EU Treaty Rights Section and subsequently applied for Permanent Residence Card, which was approved and I was issued “Stamp 4 EUFam” valid for 10 years.

I got married in India to my wife and we applied for her visa to join me here in Dublin, the “join spouse visa” was approved from India and she arrived in Dublin last week. The Immigration Officer at Dublin airport extended her visa for 30 days and advised to go to the INIS Burgh Quay Dublin 2 to extend your visa further.

So far so good…. On 26th Sept 2013 we went to INIS Burgh Quay Dublin 2 to extend her visa and the Visa officer refused to extend her wife visa with the reason that “ Your husband is the holder of “Stamp 4EUFam”, he is still EU family member and therefore he can’t extend her visa… i showed them a letter of approval from the EU treaty rights section for my permanent residence card but he wa snot ready to listen at all....

This is so unfair…If this is the case than why my wife visa was approved on the first place from India and then the Immigration Officer at Dublin airport granted her entry to the state and issued her a visa for 30 days, without any problem...

I am working full time and as a Permanent Residence Card holder i think i am allowed to have a full time job/ invite my wife to live with me.... and so on.... I am very concerned, please advise what can be done......

Thanks in advance

[dalebutt]

When did you apply for permanent residence? when did you divorce and when did you inform INIS of your divorce? How long did your previous marriage last before your divorce?

[EUsmileWEallsmile]

It ought to be possible for your wife to remain with you in Ireland. You are a person who has been granted long-term residence in the state.

http://www.inis.gov.ie/en/INIS/Pages/Jo ... _Residence

Bear in mind that the fact that you have a permanent residence card does not necessarily mean that the directive 2004/38/ec applies to your new spouse. National Irish immigration rules would apply. I think you know this.

[loverboy2]

There is only one thing in this case.that immigration officer had ni knowledge of wat he was saying. wat was he thinking that the department who issued ur wife visa and the officer at airport they were stupid.my advice first is to go again and try different immigration officer.it worked for me but different case.and if still not successful then either contact inis or lawyer. Really man its so sad to hear ur story.wish u best of luck