starfish100

Hi everyone

I would like some help regarding moving to Ireland. I am a British citizen and my husband is a non-eu visa required national but at the moment he is in the UK. He came a few years ago on a student visa which he extended, but was curtailed last year and so he had to apply for an extension which was refused because the college did not have a valid license. He has submitted an appeal and is awaiting confirmation.
We have decided to live in Ireland. I have already got accommodation and I will be moving my business there and registering as self-employed.

My husband needs an entry visa to Ireland but as his application is in process, he does not have his passport or proof of his 'permission to remain in the UK' as required for a visa. While his appeal is in process he is legal in the UK. If he withdraws his appeal to get his passport back, he will be asked to leave (as his appeal would be withdrawn) but without an Irish visa he can't enter Ireland.

I am wondering if it is possible to go to Ireland and get an entry stamp at the border under the directive 2004/38 which states you only need our passports and our marriage certificate. We have a genuine relationship and a lot of photos etc to prove this. Would it be better to go by air or by ferry? I don't want him to enter Ireland without an entry stamp and as far as I have read they should give him entry because of me 'exercising' my eu rights as an eu national.

I'd really appreciate some advice regarding this situation. I have already contacted AIRE centre but they said they don't have much experience with the Ireland authorities.

Thank you so much in advance!

wiggsy

Im in the same situation.

Look on ImmigrationBoards .com - apparantly france has had a warning from SOLVIT in relation to needing permission to remain in the uk... - raise this with irish embassy and thats probally solved.

My wifes passport is with Euro in Liverpool. if/when shes gets declined for her Derivative RC, we are moving to Ireland, and I will register as self employed there (I do some web design / coding for an american company, so can work anywhere really... but to make it "formally in ireland" will throw some "Photography" into the mix (IE: to compile my new "Irish Landscapes website I need to work in ireland for three months to capture the true beauty ETC" (or some bull... like that..) - if after a few months i want to return to the uk - invoices / money / proof of irish address ETC... solved

But TBF if i can find a good job there, I would happily move.

The problem is Ireland requires you to have a 12 month validity of your passport for non-eea national before getting visa - means my wife needs a new passport (hers expires in March).

starfish100

Hi Wiggsy

Thank you so much for replying. I have sent an email to solvit and explained ny situation. The trouble is who do I contact to tell them that other documents are irrelevent etc If I were to send an application through the embassy of Ireland in UK they would just reject it.

If/when your wifes RC gets refused, she will (like my husband) need to leave within 28 days and they will be legal within that time right?
How are you planning to go Ireland? Will you go and register your wifes presence with garda straight away?

Thank you for the info, I'll check it out.

wiggsy

Our situation is kinda different where ukba know N attempt to remove will fail do they have told her she nds to go home. Infact, got a complaint ongoing because one I.o. Used that term... She is home, with her family.


She is on temp admission is96...

Lol ukba guy said she will b refused entry to ireland... Not true... Ireland has no real
border control with uk. Turn up to garda station n get a stamp (stamp4 or simular.... Like uk code1a)..

as for irish application, not sure... Additional info, write covering letter n include it in place of visa... Havent applied yet as paper ned replacing... As ukba hold it , embOuassy wont issue a new one, but said "if its lost or stolen we can replace it no problem" mm,
Will wIt for this one though, due to false representations....

bordee

wiggsy

http://www.inis.gov.ie/en/INIS/Pages..._of_EU_Citizen

if your partner has an RC in england (or another EU state), then he wont need a visa to go to ireland

wiggsy

Well I sent an email to the Irish Embasy, asking for the following:

i got two replies from this:
first:

Second:
The first reply was pretty much the same as the previous one, without any real help... (although this time actually included the link to website information and attached pdf's)

the second response I didnt solicit as the first one didnt seem too helpful i went elsewhere looking etc...

I must say that this maria was most helpful with such websites ETC. - and it was a pleasant suprise to recieve the email today.

starfish100

Hi again

Mu husband is a visa required national. He hasnt got a RC card. So we are thinking of applying for a visa with his passport copy with a letter from the home office to prove they have it. I hope it gets approved.

Im in Ireland at the moment. Unfortunately, after a lot of searching (its well hidden with no sign!) I found hsbc and they only have a coporate office in the whole of Ireland. So i ended up opening one in a local bank.

I went to the inis office and they werent much help - the lady said to just apply with my husband photocopy of his passport. Do you know if they ask for anything to get the GNIB card? Ive got the form but dont think theres any docs to submit right?

Are you going to apply for a visa for your wife?

wiggsy

I dont think you can apply without a valid passport.

although, if your husband intends to join you in ireland, the UK BA must make arrangements for this, or return his passport so as he can do so...

My wife has had her Certificate of Application reconsidered today, they have granted her right to work (which she should have immediately being the primary carer of a BC child.)

however, UKBA are holding their cards close to chest...

we are hopefully going to have the Derivative right of residence confirmed (she doesnt need it granting, she has it from case C-34/09 of EU) EU ruled that A member state cannot remove a non-eea parent of a eu citizen even if the child is in his/her own state)

irish visa is free for indonesian people too... only issue my wife has is no indonesian passport after march (currently with ukba too - so tricky to get a new one too)

starfish100

Hi again..

After a long time..I'm back for some more help... I started off thinking my husband and I should go Ireland. In time, we managed to prove the £18,600 income and all the rest of the ridiculous requirements but it was still refused!
I am now reverting to the Ireland route. I wanted to ask if anyone has been refused a visa in the UK - what is the procedure to get the passport back? I've heard they don't give it to you until you board a flight out of the UK. Even if that is the case, can my husband get a flight to Ireland and would UKBA approve of that?
We will have to pass through with our passport and marriage cert.

Any help would be much appreciated! Thanks!

wiggsy

PM starfish

idwal

Hi all,

I am an UK citizen who has been trying to get my Brazilian wife and baby son into the UK.

I have been back here in the UK since April trying to find a job which meets the government's crazy £22,400 threshold to bring a spouse ande child in.

I haven't been able to find anything so I have decided to go down the 'Surinder Singh route' where I can exercise my economic treaty rights by working in another EU country for a time, and then bring in my non-EEA wife into the UK on an EEA Family permit.

I'm seriousley thinking about trying Ireland but have some questions about there.

1. As a Brazilian national my wife does not need a visa to enter Ireland and can stay there as a tourist for 90 days. My son who has a Brazilian passport but who is eligible for a british passport can thus also enter there without any problems.

But If we decided to stay in Ireland for 6 months in order to exercise my economic treaty rights, would there be any way for her to be able to stay there for an extra 3 months (after the 90 days she's allowed?

2. Would she need to apply for a resident/residency card once she arrived in the country?

Any help would be greatly appreciated!

Thanks.

YOUSSEF24

i think if you are a British citizen holding a british passport
you need only 18.600 p/a
because your baby will be british by decent