Visa runs out in less than 7 days.

[Sunshine86]

Hi

I am a visa national, living here with my EU spouse. I have got everything ready to apply for residence card aprt from my husbands work contract. Hes actually secured a good position in Dublin however the company is running background checks which could mean to wait for another 10 days or so.

Now the problem. My visa is expiring in 7 days which means I will be illegal in the country according to the dates on my passport before I apply for the residence card. So what are my chances of getting the residence card? Would this have a negative impact on my application considering that i would have applied after my 3 months visa has ran out?

Pls suggest some advices so it doesnot backfire on me!!

Thank you for your continued support and help.

[CalvinKlien]

Hi, I would recommend to apply for the residence card as soon as possible and write a cover letter about ur husband's job contract and this will have no negative impact on ur application. DOJ would not get back to you in the next 4 weeks anyway. You can send them the job contract once you get it.

This way you would be in DOJ system before your visa expiry. Also DOJ would not refuse your residence card straight ahead. If they need something they will ask you for that and they will provide you sufficient time for that.

I know a friend of mine who was in a similar situation and sent the application without the payslip/job contract. DOJ asked for the contract after a month and she provided. Application was approved and the whole process would take 6 months.

Good Luck and send your application today if possible.

Please note: Send your application and every other document by registered post to the DOJ.

DO NOT USE ORDINARY POST IN THE WHOLE APPLICATION PROCESS....

[Sunshine86]

Hi CalvinKlien


Thank you for your help.

My only concern re sending the application without the contract is that it will depreciate the purpose of the visa as its dependent on whether the EU national is exercising treaty rights or not? Therefore, are you saying that without sending the proof of exercising right, I can still expect them to give me the time to present it at a later stage and not get a straight rejection?

Pls advise.

Thanks

[CalvinKlien]

You are over looking the situation. Don't confuse ur self and send them the application ASAP. Delaying it will not be in your favor...as i said just send them the cover letter about the job contract with your application.

A friend of mine was in a similar situation and she got approval.

[agniukas]

My advise would be to submit your application with all the documents that you currently have NOW and post any additional documents as soon as you get them. Chances are that the section will respond to your application after 4-5 weeks. Hopefully till that time all the remaining documents would be submitted by you and you will be issued with a temporary stamp 4. If not, the worst case scenario in your case would be that you won't get a temporary stamp 4 at the beginning (I doubt that will happen if you are missing only a contract of employment). But bear in mind that you need payslips, tax credit certificate and a letter from employer to show employment, not only the contract of employment...

[Sunshine86]

Hi Guys

Thank you for your advice.

Did I mention that my husband tentative start date for employment is 3rd March so can I still apply for the residence card? Or does it not make me eligible as he still has not started exercising his treaty rights?

My original plan was to send the application with his contract minus the payslips and Tax Credit but now it seems like that I will not have any documents to prove that he will be or is going to exercise his treaty rights?

I might be getting too confused or overboard with this but it seems like that my original plan might not come through therefore looking for the best possible solution to stay away from any bad news!

All your help is highly appreciated.

Thanks,

[agniukas]

You can still submit your application, but you will not get any temp stamp 4 until you submit evidence of exercise of EUTR