Brazilian married with UK National

M999 · Post by **M999** » Mon Jan 16, 2012 1:15 am

Hello everyone.

I would appreciate some advices on my case.

I came in UK on a tourist visa then have overstayed it for the past 3 years.
Me and my wife got married last year in UK and we're planning to move to Ireland.

I haven't done any application in UK, so I'm an overstayer still.

1 - Can I come to Ireland from UK beeing an overstayer? if yes, would be better get on a ferry?
(As a Brazilian I don't need a visa to visit Ireland)

2- Once we both are in Ireland and she gets a job, can I apply to an EEA Family Permity?

3- Can I work while the visa is on process?

4- I bought a ticket to my country departing from London, Could I be in trouble getting in London to fly to Brazil?

5 - If I decide to go to Brazil first and then meet my wife in Ireland, would that be harder?

I really need some advices on thoses issues, any help will be much appreciate.

Thanks a lot.

Ben · Post by **Ben** » Mon Jan 16, 2012 10:33 am

Hi M999,

Using your numbering..

1. Yes. Doesn't make a difference (ferry or plane).

2. Yes. What you will be applying for is a "residence card of a family member of a Union citizen", known in Ireland as "Stamp 4 EUFam", using form EU1.

3. Yes.

4. UK airports, like Irish airports, do not habitually check outbound passengers, for immigration purposes. However, spot checks do occur. Regardless, your right to reside with your spouse in Ireland would not be affected either way.

5. Yes, because you may have problems leaving Brazil on a one-way ticket unless you have an Irish EUTR visa. You'd be entitled to this visa, but it's more form-filling and scrutinisation.

M999 · Post by **M999** » Sun Feb 05, 2012 8:53 pm

Thanks a lot for replying this post Ben.

We decided to go back to Brazil and have the baby there (my wife is pregnant)

So, I've bought a return ticket: London to Brazil and then Brazil to London which will have connection in Madri, then our plan is to stay in madri and get a fly to Ireland from there on the same day if it's possible.

Do you think I would have trouble getting in Ireland(or Spain where I will stay for few hours) with no return ticket even with my wife (UK citizen) and my baby?

Thanks so much for helping

Ben · Post by **Ben** » Sun Feb 05, 2012 9:13 pm

Madrid to Ireland on a one-way ticket should be fine, so long as you carry you marriage certificate as well as your passports with you. You may need to show your marriage certificate in Madrid and / or Ireland.

The main issue I see with this plan is, how are you going to board a flight from Brazil to London (via Madrid) without a valid UK visa?

M999 · Post by **M999** » Sun Feb 05, 2012 11:37 pm

Ben, as a Brazilian National I do not need a visa to get in Madri or London or anywhere in Europa.

I will take my marriage certificate and the folder I have with some supporting documents regards our relantionship.

Thanks.

Ben · Post by **Ben** » Sun Feb 05, 2012 11:39 pm

M999 wrote:Ben, as a Brazilian National I do not need a visa to get in Madri or London or anywhere in Europa.

You do if you're on a one way ticket.

M999 · Post by **M999** » Mon Feb 06, 2012 12:03 am

Ben I understood something wrong then, I was quite sure I read I don't have to hold any return ticket using free movement for EU citizens and their non-EU family members.

What to do then? get an Irish EUTR visa or a return ticket?

Thanks.

Ben · Post by **Ben** » Mon Feb 06, 2012 10:25 am

You can't fly from Brazil to the UK on a one-way ticket without a visa on the basis of exemption under EU treaty rights, because your spouse is a UK national.

You could try and fly from Brazil to Ireland on a one-way ticket without a visa on the basis of exemption under EU treaty rights, because legally you're perfectly entitled to do so. The problem is that Brazilian airport staff are very unlikely to be sufficiently familiar with this to allow you to fly visa-free.

How long do you have before you need to fly? If you have at least two weeks to go, I think the best idea would be to apply for a free of charge EUTR visa from the nearest Irish mission and travel stress-free.

adlexy · Post by **adlexy** » Mon Feb 06, 2012 10:38 am

Ben wrote: If you have at least two weeks to go, I think the best idea would be to apply for a free of charge EUTR visa from the nearest Irish mission and travel stress-free.

Sensible advise. If you have the time, get the visa for free and on an accelerated basis!

M999 · Post by **M999** » Mon Feb 06, 2012 8:55 pm

Alright, now it makes sense for me.

Would be better to not have any stress especially because I will be with my family.

I have plenty of time because I will go in June. Can I apply from England or

Would be better to do it from Brazil? As I have mentioned before I'm on a expired tourist visa in U.K.
What is exactly the visa type?

Thanks so much Ben and adlexy.

Ben · Post by **Ben** » Mon Feb 06, 2012 9:08 pm

The type of Irish visa you need to apply for is an EUTR visa. In order to apply, on the website I believe you select visit visa and then family member of EU national.

M999 · Post by **M999** » Mon Feb 06, 2012 9:41 pm

I will look for it tonight then. But what about where from to apply, UK or Brazil?
Thanks.

M999 · Post by **M999** » Mon Feb 06, 2012 9:56 pm

I'm a bit lost dealing with the website.
I see on http://www.inis.gov.ie the options:

Short Stay and Long Stay what I think should be the Long Stay then Spouse/Child/Partner- Qualifying Family Members who wish to ACCOMPANY EU Citizen to Ireland – Reside

Is this the right form to fill up in my case?

Thanks.

Ben · Post by **Ben** » Tue Feb 07, 2012 8:52 am

Yup looks like the one. If you've enough time before you leave London, might as well apply there. Them you can enjoying your Brazilian holiday even more.

M999 · Post by **M999** » Sat Feb 11, 2012 8:12 pm

Hello Guys, I'm still in doubt on something.

Let's say I get my Irish EUTR visa as adviced, it seems to me I will still face trouble getting on board on a fly to UK (via Madri) on an One-way ticket.
Will I?

Another question is about the visa to get, I've seen many post where people are getting the short stay visa. Still not sure which one to get because on the website there are two types, the long stay and short stay, are they both suitable for me?

And last, how early can I apply? I'm going to Brazil in June and then wil lbe staying there til my baby birth, so we are talking about 11 months before actually get in Ireland, could I apply that early? I would like to apply while I'm in London to enjoy my holiday in Brazil with no worries, but maybe it will be too early to apply for my EUTR visa.

Would anyone make it clear for me?

If I could I would go to Ireland before but my wife is pregnant and won't be able to work, as I know she will have 3 months to exercise the treaty rights we must stay in Brazil til the baby born then travel to Ireland.

Much appreciate any comments, thanks guys.

M999 · Post by **M999** » Sun Feb 26, 2012 10:50 pm

Hello there!
Searching on some websites I've seen that being on maternity leave counts as Self-sufficient.
Is that correct? even if my wife is on maternity leave in UK?

Really need some comments, thanks to all.

ImmigrationLawyer · Post by **ImmigrationLawyer** » Mon Feb 27, 2012 2:30 pm

no I don't think so, especially as she was not working here in Ireland, unless she can transfer the social security payments from the UK to Ireland under the EU transfer of social welfare payments? Otherwise I don't think the time will be counted as "maternity leave". Another option may be for your wife to do a course of study if this might suit, she must be economically self sufficient with private health insurance.

laulipau · Post by **laulipau** » Mon Feb 27, 2012 6:02 pm

You can go to Ireland. She may work immediately but you will have to apply for EU1 form. But you will have to have a health insurance and you can not work until the outcome of the application, it takes on average six months. As you married a citizen of the UK you do not need visa to enter here since she is with you.

rachel29 · Post by **rachel29** » Tue Feb 28, 2012 1:33 pm

you maybe issued with a temporary stamp 4 (max 6mth)during your application being processed this would allow you to take up employment during your application being looked at.

M999 · Post by **M999** » Tue Mar 20, 2012 11:46 pm

Hi there!
I would like some more information from you guys.

As I will have one way ticket flying from Brazil to UK (via Madri then I will stay in Madri then get a fly to Dublin) I decided to apply for a Irish EUTR visa as adviced before.

But now my I can't find how long before should I apply for it. I will stay in Brazil til December or so. I'm in UK now But I not sure whether it;s too early or not. Should I leave to apply in Brazil weeks before my fly?

I had a look at Irish website and coudn't find this information.
Could someone help me?

Many thanks.

newbieholland · Post by **newbieholland** » Wed Mar 21, 2012 8:36 pm

Hi

You should not apply for a visa to enter Ireland as you don't need a visa to get in. You can buy a separate ticket from Ireland to Brazil online before leaving Brazil and cancel it once you reach Ireland. You might loose up to £50 by doing this but don't need to worry about the visa at all.

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Brazilian married with UK National

Brazilian married with UK National

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