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Ok, this is not the only possibility, but (in my opinion), it is likely to be the easiest for your case:colonel_jam wrote:Thank u for ur reply Benifa
I am in pakistan and my wife is in London!! So basically what ur suggesting is that she has to travel to ireland (on her own or with me?) find a job, a place to live, register with some EU treaty body (like in the Uk u have to register on the workers registration scheme) and show funds that she is capable of supporting me??
Did i miss anything???
Nope, your immigration history in the UK has no effect on your right of residence in another EU Member State.colonel_jam wrote:Thank u benifa
That sounds good....but do u really think that they will forsee the fact that I have already violated my UK visa??? and have been refused entry clearance??
I can't tell you how long it will take the Honorary Consul of Ireland in Pakistan to grant a visa application for you, I'm sorry. What I do know is, that as the spouse of an EU citizen your application supposed to be fast-tracked (in theory).colonel_jam wrote:how long do u reckon I have to wait till I get my visa to join my wife in ireand??? Obviously when my wife has settled down in like 2 months and I make the application after that so another 2-3 months??
I am so knackered and dead if my wife finds out its gona take another 3-4 months !!!
That is a question that has been heavily debated. The problem is, it is not stipulated in Directive 2004/38/EC that the family members of the EU citizen should already be within the EU / EEA, in order for the directive to apply. The result is that the issue is open to interpretation by Member States.Liberal Immigrant wrote:2nd question to Benifa: isnt the EC Directive 2004/38/EC only to be interpreted as allowing movement of members within EC, rather than from outside e.g. pakistan?
sorry i dont mean to hijack this thread but can you please ellaborate on your above 2 paragraphs? i am confused now bcoz if u were to read my situations http://www.immigrationboards.com/viewtopic.php?t=25992 i can easily ferry across the pond and land in newry but how does that make me legal? newry is still UK, so why would the Irish allow me EEA residence permit if i arrive at Newry and not if i am in manchester or birmingham?benifa wrote:In any case, once physically in Ireland, periods of legal residence in another Member State can be very easily acquired. Remember that the Republic of Ireland shares a land boreder with the UK. A short trip up to Newry and a night in a B&B is legal residence, providing the EU/non-EU couple are in possession of their passports and marriage certificate for the duration.
With a period of legal residence acquired, the requirement of Section 3(2) of SI 656 of 2006 is therefore fulfilled (in theory).
JAJ, EU law is clear that (for family members of an EU citizen travelling with the EU citizen) a visit you make to another member state is residence.JAJ wrote:Visiting with no intention to remain is not residence, by any usual definition of the term.benifa wrote:A short trip up to Newry and a night in a B&B is legal residence,
but my question is: i am in UK on temporary admission, not on leave to enter/remain, so in my case, technically speaking, i am not legally present in the UK but having said that, nor am i here illegally!Directive/2004/38/EC wrote:JAJ, EU law is clear that a visit you make to another member state is residence.JAJ wrote:Visiting with no intention to remain is not residence, by any usual definition of the term.benifa wrote:A short trip up to Newry and a night in a B&B is legal residence,
This is now transposed into national law. Some examples are outlined at http://eumovement.wordpress.com/2007/06 ... -question/
Are you you a family member of an EU citizen (e.g. a spouse)?Liberal Immigrant wrote: but my question is: i am in UK on temporary admission, not on leave to enter/remain, so in my case, technically speaking, i am not legally present in the UK but having said that, nor am i here illegally!
Hence if i were to move to ireland from UK, ireland would refuse my residence card application bcoz my presence in UK wasnt lawful presence in the 1st place!
Am i right or wrong?
Why do you say that you are not here legally? You do not have to have leave to enter or leave to remain to be here legally. Those are in any case only concepts in UK national law.The Immigration (European Economic Area) Regulations 2006
PART 2 - EEA RIGHTS
Initial right of residence
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.