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Absolutely, and the reverse as well. The British Embassy in Dublin is unlikely to accept an application from someone not legally in Ireland.The Irish embassy in the UK would more than likely not accept an application if you cannot show proof of legal residence in the UK.
I don't think his intent was to judge you, but, unfortunately, that is the stance of the Home Office. They way they will look at it is that your asylum application failed, and you should have left the UK. You chose not to. They really don't care why. It may suck, but it's the reality these days.Yes you said i voilated uk immigration laws but you dont know full story. So dont judge mate.I was a genuine asylum seeker but so kind of UK Govt immigration policy to cut the numbers down of asylum seekers.
I was thinking the same thing. I know there were a few a while back that couldn't get the UK embassy in Ireland to accept applications from those with pending EU1 applications because they couldn't prove legal status in Ireland. Irish embassies are the same. But, maybe an embassy of another member state would accept an application from within the UK, or, failing that, allowing the OP to enter with proof of marriage to the EU spouse and valid passport. It would probably take quite a bit of research on the OP's part to see how each country has implemented the EU directive.sorry to be the wet blanket, but the E.U country embassy that you are applying with might want to see proof of legal status in the U.K. Just something to keep in mind while applying for the E.U spouse visa.
This will likely not be a quick and easy application, but the law is on the applicant's side.archigabe wrote:sorry to be the wet blanket, but the E.U country embassy that you are applying with might want to see proof of legal status in the U.K. Just something to keep in mind while applying for the E.U spouse visa.
Case law has also been established by the Court of Justice in this connection. In its judgement of 25 July 2002 in Case C459-99 (MRAX) the Court ruled that, if Article 3(2) of Directive 68/360 and Article 3(2) of Directive 73/48 are not to be denied their full effect, ‘a visa must be issued without delay and as far as possible at the place if issue into national territory’ adding that, in view of the importance attached by the Community legislature to the protection of family life, ‘it is at any event disproportionate and therefore prohibited to send back a third country national married to a national of Member State where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148′.