Entering the uk

[Birdy]

I am a UK expat living in Ireland and we are facing refusal on our immigration papers for my US wife.

I would like to know Because my wife does not have legal residence in Ireland does she have to go back to the US and apply from there or what options are open to us for returning to the UK.

[yankeegirl]

Has your wife been refused yet? Have you gotten any documentation from the Irish gov't that says anything to the effect of her being allowed to remain in Ireland while the EU1 is being processed? If you do have that, I would think you could apply to the British Embassy in Ireland for either EEA Family Permit (using the Singh rule) or a UK spousal visa.

If not, then yes, I think she would have to return to the US to apply for the spousal visa. The one good thing if she has to do this is that the Consulates usually issue the visa same day.

[Birdy]

No no refusal letter yet they sent it registered post yesterday so we are hoping to get it tomorrow or monday we are just preparing for the worst.

[brownbonno]

This is an option to any other member state if you can dare it-

Directive 2004/38/EC article 5(4) specifies that " Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence."

[Birdy]

Yeah i have heard of that but id rather do it right you know. I dont want to give them a reason after the experinces i have had in Ireland