Immigration officer interview

[ukfefe]

3 weeks ago after reading many valuable posts on this forum I decided to make a trip to my local Garda station to meet up with the local Immigration officer. After a few phone calls he came back saying that he can offer my husband a stamp 3 for 6 months but it will take us 2 weeks. Last week I contacted him asking for update he saids he have no news, he then contacted me 2 days later asking me and my husband to meet him for an interview but refuse to say what for? My question is, is this normal? How long should we have wait for a stamp 3?I am Bristish and my husband is Non-EU overstayed his student visa we are still waiting for a reply from the DOJ for an EU1 application made in August 07. Thank you in advance for helping

[Directive/2004/38/EC]

Where and when did you marry? Since marrying, where have you visited in the EU?

If you applied at the end of August 2007, you should have had a decision latest Feb 2008. They have exceeded their statutory 6 month limit!

[ukfefe]

We got married in Cavan since June 2007. My husband cannot visit any country since his visa has expired.

Again like many other cases DOJ still pending for a decision due to the Kumar case. I did contacted SOlvit and still waiting. I then thought to get my husband a stamp 3 to visit my mom in the UK as she is unwell but the Cavan Immigration officer told us he have submitted the case to Dublin but did not hear anything from them back since. How long should a stamp 3 took? SHould I write to DOJ stating that they are in breach of EU law?

[Ben]

Where are your passports, currently? If they are in your possession, consider flying to Britain from an airport in Northern Ireland. But you must take your marriage cert along with you.

In accordance with Directive 2004/38/EC, as husband and wife, the only documents you need when traveling through the EU together, are your passports and marriage cert.

To this end, when you enter Northern Ireland you will therefore be doing so legally, in accordance with Directive 2004/38/EC (no visa is required). When you fly from a Northern Ireland airport to Britain, it will be an internal flight within the UK. There will be no immigration checkpoints, however if you do get stopped, your passports and marriage are all that is required to enter the UK legally, in accordance with Directive 2004/38/EC. Upon returning to Ireland, via Northern Ireland, the same is true in reverse.

When you do return to Ireland, do not lose your flight tickets, as these can be used as evidence that you fulfill section (3)2 of SI 656 of 2006, which (assuming you and your spouse do not already fulfill this condition), will help you no end.

[ukfefe]

WOW can I really do that? would the airline allow him on board without a valid visa?

[Ben]

WOW can I really do that? would the airline allow him on board without a valid visa?

Internal flights within the UK are not subject to immigration control.

[ukfefe]

Sorry if you think I'm doubting you. I understand that there is no immigration control in the UK or in Belfast but the airline does check to make sure that you have the right document to travel and it will be a pain trying to explain to them about the EU law I don't think they even care. [/list]

[Ben]

Sorry if you think I'm doubting you. I understand that there is no immigration control in the UK or in Belfast but the airline does check to make sure that you have the right document to travel and it will be a pain trying to explain to them about the EU law I don't think they even care. [/list]

Internal flights within the UK need only photo ID. A passport is valid photo ID, but it is not needed for immigration purposes.

It's like flying from London to Manchester. You can fly or use any other public transport. Either way, it's not an immigration concern, since you're already in the country.

[PatiencePracticer]

It is true that although there is no official passport control from ireland to uk, the airline does check your passport for a visa. One way around that is to fly with aerlingus and use the self-service check in to get your boarding pass. I have a visa to the UK but laughed my head off when I discovered this loop hole in the system. It is only aerlingus flights though that have the self-service kiosk for the check in in dublin (as far as I can remember)

[Ben]

It is true that although there is no official passport control from ireland to uk, the airline does check your passport for a visa. One way around that is to fly with aerlingus and use the self-service check in to get your boarding pass. I have a visa to the UK but laughed my head off when I discovered this loop hole in the system. It is only aerlingus flights though that have the self-service kiosk for the check in in dublin (as far as I can remember)

We're talking about internal flights within the UK, from Northern Ireland to Great Britain. Internal flights within a country are equal to any other form of public transport and are not an immigration concern.

What you have mentioned is an international flight between the Republic of Ireland and the United Kingdom, which IS an immigration concern and a valid passport / visa is always necessary (except for British / Irish citizens, who need valid photo ID only).

[ca.funke]

Even flying from Ireland to the UK (and the other way) is treated as domestic, visas are NOT checked. ("Common Travel Area")

Reason I am sure: I recently had a visa-required visitor here in Dublin, who arrived from Canada. He held a visa for Ireland (only), not for the UK.

Canada - Heathrow - Dublin - Heathrow - Canada.

The immigration-check (for Ireland ) was performed at Heathrow, not Dublin as one might expect.

The visa-required national then technically entered the UK, walked over to the other terminal for the flight to Ireland. (This is known as TWOV = transit without visa) (Had the Visa-required-national wanted, he could have "disappeared" into the UK.)

The flight from London to Dublin was without any checks, except the passport to establish identification was demanded in London. In Dublin, after exiting from the plane, all passengers from London are lead directly into the baggage-collection area, no GNIB check.

The way back is the same: From Dublin to London they just want to positively know who you are(passport), NOT if you have a visa.

Peculiar about arriving in Stanstead (STN): Flights from Ireland arrive in the "international" area. In order to separate passengers from Ireland, they can exit by showing their boarding-passes (only), without passport.

[ukfefe]

I've got mine checked, luckily I did not take my husband with me. I took a flight from Belfast to stansted (as it is faster from Cavan to Belfast than Cavan to Dublin) an officer approach me and another passenger asking for our ID? given if my husband was with me he might be detain for getting in the UK without a visa, this mean illigal immigrant... phew....

Oh and up date from the meeting with the immigration officer, he saids he cannot offer my husband a stamp 3 as they cannot find any record of my husband registered with any Garda office? Can anyone sheed some ideas what should I do next ? still have no reply from DOJ regards to the EU1 application.

[Directive/2004/38/EC]

Ryanair flights from Stanstead to Dublin are being routed through Irish passport control.

[Directive/2004/38/EC]

Oh and up date from the meeting with the immigration officer, he saids he cannot offer my husband a stamp 3 as they cannot find any record of my husband registered with any Garda office? Can anyone sheed some ideas what should I do next ? still have no reply from DOJ regards to the EU1 application. :cry:

Can you go to the Garda office and register again? Have you gotten any confirmation that they have received your EU1 application?

[joesoap101]

Ryanair flights from Stanstead to Dublin are being routed through Irish passport control.

Ok just to clear this up seeing that many people are still confused about it.

When you travel from any point in Ireland to the UK your passport would not be checked in the UK (spot checks where ID is requested is sometimes conducted).

When you fly from the UK to Ireland, you will ALWAYS pass through passport control. When you travel domestically in Ireland, you will also pass through passport control i.e. my recent flight from Shannon to Dublin.

If youre Irish/British you can go through passport control in Ireland by showing your bus pass if you wish. All others need a passport. Checks on those travelling by ferry and by road between Northern Ireland and the republic are only sporadically carried out, I've never seen this myself and usually this is only done on public transport.

[ukfefe]

Directive/2004/38/EC

Yes I still do have the receipt from the DOJ relate to my EU1 Application form.

The last time I spoken to Cavan immigration officer he saids he cannot help us but I will try again see if he can register my husband. Many thanks for your fabulous idea, should he refuse to help can I ask him to register my husband and obtain a stamp 3 in Dublin?

Thank you in advance[/list]

[Directive/2004/38/EC]

If you're Irish/British you can go through passport control in Ireland by showing your bus pass if you wish. All others need a passport.

How does this actually work in practice? There are lots of naturalized British citizens who have lived most of their lives in other countries and are not white and have heavy non-UK and non-Irish accents -- I know lots of people in this category

Does this mean if you are a white and speak with a nice local accent then the bus pass is fine, or do they actually check a proper shared citizenship database to confirm your claim to Irish/British citizenship?