spouse Visa

[Heartache]

I'm an Irish citizen married to my Pakistani husband for the past 11 months. I first met my husband over 4yrs ago when he was on a student visa in Ireland. He went home in December 2008 for a couple of month's and reapplied for a re-entry visa in March 2009 to continue he's studies in Ireland but he was refused it in April 2009. We were engaged at the time and because we hadn't seen each other since December we planned a trip for me to visit Pakistan and to meet his family and get Married. We applied for our spouse visa in July 2009 and it was refused in September 2009. We appealed it in October 2009 and answered as best we could the reasons for refusal. We were refused again in December 2009. We then decided to get the help of an Immigration Consultant and we put forward a new application in March 2010 and are awaiting the result of this decision.. I know that INIS are on work to rule and are trying to do a thorough job because of the amount of marriages of conveniences but the genuine people suffer in the long run.
Is anyone else in this situation or does anyone know how long more we could be waiting for a decision.
Any answers or views would be much appreciated
Thanks..

[koded]

it is a sympathatic story.
But I think the truth of the matter is that INIS is looking at the genuine intention of your partner. It is not the love you have for him. I think his first mistake was reapplying for student visa instead of applying for spousal visa. And since he got refusal any other application of visa on basis of spouse of Irish citizen might be refused. This is because INIS will believe that the partnership or marriage is not real.
My advise is that he should allow some time more before he make any other visa application or rather he should apply for another eu country visa.
Anyway, I hope your solicitor will help.
Best of luck!

[Heartache]

17th week waiting for a decision anyone else in this situation??

[Ben]

Hi Heartache,

Would you consider moving out of the 26 counties? Or do you have claim to citizenship other than Irish?

[scrudu]

Or would you consider moving to be with him for a number of months? At this stage you need to offer more evidence to show that it is a "real" marriage and not just one on paper. Going to live together would add weight to your application.

[Heartache]

I would love to move to be with my husband but I have responsibilities here in Ireland eg: mortgages, loans, etc,, I don't really know what to do at this stage...

[scrudu]

I would love to move to be with my husband but I have responsibilities here in Ireland eg: mortgages, loans, etc,, I don't really know what to do at this stage...

I don't really see how the DoJ can give any other response other than to reject. They've viewed the application 2 times already and from the sounds of it there are no new circumstances (i.e. no visits to each other etc.). Your dates if I understand them correctly are as follows:

1. 2006 - met boyfriend
   Dec-2008 - boyfriend to Pakistan
   Mar-2009 - boyfriend applied to Ireland for Student Visa
   Apr-2009 - boyfriends visa rejected
   Jun-2009 - you travelled to Pakistan to marry
   Jul-2009 - applied for spouse visa for husband
   Sep-2009 - rejected for spouse visa
   Oct-2009 - appealed decision
   Dec-2009 - rejected for spouse visa appeal
   Mar-2010 - reapplied for spouse visa

So basically from Dec 2008 you haven't really seen your husband apart from the marriage. That's not a whole lot of contact in that period. Were you living together before he left Ireland?

Another option you could consider is for him to apply for a tourist visa to come over and spend some time here. When that time period is up, he can return to Pakistan and apply for a spouse visa and is a lot more likely to be granted it, as your relationship has been renewed.

Or he could apply for a Spouse visa while present in Ireland but this could take 12-18 mths to process during which he can't work.

You should really read earlier posts on this subject as there have been many people in the same situations who have eventually resolved it.

What are your plans if he isn't granted a visa here? It's very possible especially if nothing changes in your situation. There is no "right to a visa for spouses of Irish citizens", so if you want this marriage to continue you'll need to consider other options (move to Pakistan, move to N.Ireland, move elsewhere in EU).

[scrudu]

btw: you should have a read of this excellent document which answers some of your questions: http://www.migrantproject.ie/documents/ ... 09_006.pdf

[Heartache]

Thanks for your all your replys.. Our visa was finally granted