Im polish my husband i Pakistani.His visa EEA was refused!!!

[Zuzia]

Hello everyone!
Mu husband was removing from Uk october 2007(over stay)In february 2008 we get married in Pakistan.He apply for EEA visa but they refused!I know we have to go to the court but this gona take some time.Do u think he can get visa to poland(how long this can take?)and after we can go to Irleand for some time and wait there for decision from court???
What be the best for us to quickly be together!!!

i hope u can help me!!!

[thsths]

He apply for EEA visa but they refused!

Yes, I think that can happen if you apply from outside of the EU. If you can get a visa to Poland, he can apply from there, and the EEA Family Permit has to be granted. A visitor visa should be sufficient for that, according to the latest information.

You can also go to court, but the legal situation is slightly complex. You may have to escalate the case to the ECJ, and that could take a few years.

Tom

[Zuzia]

hm...ok but do he can apply again for EEA visa from poland?Beacuse he have a letter if he dont lkie the decision(tehy refused his visa)he have 28 days to go to court.
Do u know there be some complication to get visa to poland for him?after when he will get it do he need visa to irleand or he can just go with me withou anything for 3 months and after apply for some pernament visa?Im sorry i ask u to much qustion but i really need some advice!
thank u so much!

[thsths]

hm...ok but do he can apply again for EEA visa from poland?Beacuse he have a letter if he dont lkie the decision(tehy refused his visa)he have 28 days to go to court.

Yes, he should have an address in Poland. Maybe you can rent an apartment for a few weeks?

Do u know there be some complication to get visa to poland for him?

There are common rules for visitor visa to Schengen countries. The most important issues are that he has sufficient funds, and that he will settle in Poland (unless you apply for a settlement visa).

after when he will get it do he need visa to irleand

I am not quite sure why you want to go to Ireland. Ireland is not a Schengen country, he will need one, so he will need another visa. And that is difficult to get according to the reports.

As I see it, he should apply for a Schengen visa to Poland, and from there for an EEA Family Permit for the UK. Both are reasonable simple application, so each should only take a few weeks maximum.

Tom

[evil_grrrl666]

Similar thing happened to me; my husband's eea fp was refused; he applied from India. Then we applied for schengen visa for holland (that's where my mom lives), which he was granted
(In our situation, we were travelling together to holland so it didnt seem like he was trying to settle there, we told the embassy it was for a family visit cum honeymoon)

From there we went to france, took the ferry to uk without a visa. (relying on our right to visa free travel through EU because I am an EU citizen and we were travelling together - showing a print out of the relevant directive); after around 1.5 hours of making us wait at the border and checking our documents, the immigration officers had to let us into UK because as my spouse he has the full right to be there. They did want to know about the rejection my husband had received for the eea fp; but because the reasons ranged from rediculous to only valid if the applicant is outside of the EU (financial/accomodation requirements according to british immigration rules), it had no impact on our case anymore.


(In case anyone wonders; we did not apply for the EEA FP from holland, because we had family obligations in UK and the waiting time for an interview at the embassy was 2 weeks at the time.)

[Administrator]

.

Hi --

I responded in this topic:

-> Immigration for family members -> My husband was removed from UK.Help me please!!!

I've locked that topic as a duplicate.

Please don't start new topics on the same question in several places.

Thank you!

the Admin

[Zuzia]

Thank u for ur reply everyone!
Im sorry i open 2 topis.
how long can this schengen visa take time?Can he have adress when my father lives?because in this house we gona live when he com to Poland.
DO u really think he will cant work in Ireland?I think UK low staying in Uk every diffrent country not gona know that?!I dont know.
We think to get for him visit visa to Poland and wait there couple of months for same documents for him and later we can move to Irleand,do he will need the visa there?Of course we will wait for decision from court in UK what they decide.
Staying in Poland its not that easy for him i think,get job there where people really dont speak english thats why we can stay there for long time!!!!
thank u!!!!!

[thsths]

how long can this schengen visa take time?Can he have adress when my father lives?

He can stay in any place, but he cannot work on a visitor visa. The visa is for a maximum of 3 months, but a shorter time should be easier to get. If he wants to work, he would need a proper settlement visa according to Polish law, and I cannot help you with the details.

Now in theory he could apply for a Schengen visitor visa, and then apply for an EEA Family Permit in his home country. All that he needs is the right to stay in a European country. But it is probably faster to do while he actually is in Poland.

Tom

[Zuzia]

He was one time applying for EEA visa but they refused they we dont think he can apply again.Because now the all situation will go to the court and we have to wait some time(6-9 months)maybe shorter or longer
My father will send him invaiting letter then he will com to Poland and im gona com to Poland before him but one or 2 days before.He wants to get visit visa and later apply for some residence in poland are u think that good idea?
Thank u so much for ur advice and im sorry if im asking u to many questions.