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new family reunification law...who will be effact

Forum to discuss all things Blarney | Ireland immigration

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ali_ireland
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Joined: Sun Jun 08, 2008 6:34 am

new family reunification law...who will be effact

Post by ali_ireland » Thu Sep 25, 2014 3:47 pm

20 Multiple applications for spousal reunification/ Polygamy ...

20.1 A sponsor who is joined by a spouse/partner in Ireland will, in the event
of the termination of the marriage or civil partnership (by divorce or
dissolution), be ineligible to be joined by a further spouse or partner until
a minimum 7 years have elapsed from the date of the first spousal
permission. This 7 year waiting period will also be applied where the
sponsor was him/herself granted permission to reside in Ireland as the
non-EEA spouse/partner of an EU national exercising their rights of free
movement. Where there are reasonable grounds to suggest that the
earlier marriage or partnership was one of convenience further
permissions may be refused even where the periods set out above have
been exceeded.

20.2 Cases will arise where a prospective sponsor remains legally married to
one person while in a de facto relationship with another. In general the
expectation would be that the parties would have obtained a divorce
but this is not always possible for various reasons. While the
circumstances of each case need to be examined on their merits it is
proposed as a general rule that the 7 year time limit set out above
would apply in these cases also. In addition, the sponsor would be
required to furnish documentary evidence of legal separation. The
qualification period for the de factor partner would commence not
from the commencement of the new relationship but from the date of
the evidence of separation.


20.3 Irish law does not recognise polygamous marriage and indeed a
potentially polygamous marriage is not without difficulty. Therefore, an
application for spousal family reunification involving a sponsor who is
married polygamously (under the laws of another state, albeit that the
union is not recognised in Ireland) will be rejected. Where a sponsor is married to one person only but the marriage is potentially polygamous ...

given the capacity to contract a subsequent marriage, the spousal
application may be permitted but subject to the proviso that no
subsequent marriage contracted while the first union is subsisting will
have any recognition for immigration purposes even in the event of the
sponsor subsequently obtaining a divorce from the earlier spouse.
20.4 All marriages must be legally contracted, freely entered into and with
both parties free to marry at the date of the marriage. The marriage
must also be capable of recognition under Irish law for other purposes
outside of the immigration system.


welcome all suggestion...which passport holders will effects with this law

1. All non EU passport holders who hav EUFAM visa
2. Irish passport holders who was on EUFAM visa previously

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rachellynn1972
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Re: new family reunification law...who will be effact

Post by rachellynn1972 » Thu Sep 25, 2014 10:04 pm

Non eu national will be affected. Non eu national who has retention of residence rights, non eu national with permanent residence or equivalent.

It will not affect any EU national which will include irish national. If a non eu national becomes an irish and eu national it will not affect them because they are no more regards as a non eu national in the eyes of any eu countries. You dont need to be an irish before you can bring spouse to ireland, many non eu can bring spouses to ireland but the above law may affect some. When you are an irish national it is a different ball game.
beloved is the belief that there are inherent differences in people's traits and capacities that are entirely due to their race, however defined, and that, as a consequence, justify the different treatment of those people, both socially and legally.

ali_ireland
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Posts: 50
Joined: Sun Jun 08, 2008 6:34 am

Re: new family reunification law...who will be effact

Post by ali_ireland » Fri Sep 26, 2014 1:53 am

thx for ur loyal suggestion but some ppl think this law wil be affect on those ppl also who was on EUFam visa but now they are irish nationals..dy also cant bring there wife from non EU countries.

do you agree with them??

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rachellynn1972
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Re: new family reunification law...who will be effact

Post by rachellynn1972 » Fri Sep 26, 2014 9:45 am

NO I dont, once you becomes irish citizen all past immigration history are over. An irish citizen is no more an immigrant and are not subjected to any past immigration history thats why you chose to become an irish. Seek a solicitor for an advice it should be free or any immigration law centre.
beloved is the belief that there are inherent differences in people's traits and capacities that are entirely due to their race, however defined, and that, as a consequence, justify the different treatment of those people, both socially and legally.

CalvinKlien
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Re: new family reunification law...who will be effact

Post by CalvinKlien » Fri Sep 26, 2014 10:40 am

@ ali_ireland

I don't agree with you. If you become irish citizen, you will be under a different umbrella and EUFAM will be NOT applied on u any more.

I have few friends from Brazil and India, they were on EUFAM and now they are Irish, their kids and non EU spouses r here without any problem.

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rachellynn1972
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Re: new family reunification law...who will be effact

Post by rachellynn1972 » Fri Sep 26, 2014 11:41 am

Thats my point, I wonder why an irish citizen should be thinking of past immigration history.
beloved is the belief that there are inherent differences in people's traits and capacities that are entirely due to their race, however defined, and that, as a consequence, justify the different treatment of those people, both socially and legally.

ali_ireland
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Posts: 50
Joined: Sun Jun 08, 2008 6:34 am

Re: new family reunification law...who will be effact

Post by ali_ireland » Fri Sep 26, 2014 2:36 pm

hi all

this family reunification law just came in December 2013..i think all cases will deal after under this law....about legal advice one of my friend went to solicitor they also dnt knw abt this law so no one give right information...All in the air nothing is authentic :(

CalvinKlien
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Re: new family reunification law...who will be effact

Post by CalvinKlien » Sat Sep 27, 2014 6:47 pm

@ ali_ireland

I think u still don't believe that u r an irish citizen now :)

dalebutt
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Re: new family reunification law...who will be effact

Post by dalebutt » Wed Oct 08, 2014 4:02 pm

Interesting piece of legislation.

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