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im irish passport holder cant bring wife to ireland pls help

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

im irish passport holder cant bring wife to ireland pls help

Post by ali_ireland » Wed Sep 17, 2014 9:37 pm

hi all...

im an irish passport holder now i just recently married in pakistan..my background is i was student here than i got married with checz national and got 5years EUFAM than i got divorce and got retention on my own rights for a while than i got 10 years EUFAM visa after a while i got an irish passport...now again i re- married in my home country ..

my question is i heard the person who married with EU citizen in past cant bring the wife from non EU country from the day he was divorced from EU citizen...its that true?

this rule is only applies who was married with eu and divorced and still on visa or its also applies on the person who hav irish passport as well.....

i ask many peoples but thay said me that im not on visa any more im an irish national now... so this rules not applies on me now ...pls any one can clearly this matter for me ...

the law explanation is ....

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.

many thanks in advance

okdokie
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Joined: Wed Jul 30, 2014 12:15 pm

Re: im irish passport holder cant bring wife to ireland pls

Post by okdokie » Thu Sep 18, 2014 10:17 am

Did you applied for her visa? If you have all the documentation I would say just apply for visa. Not sure why are you asking the questions.

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

Re: im irish passport holder cant bring wife to ireland pls

Post by ali_ireland » Thu Sep 18, 2014 4:30 pm

i didnt applay the visa...if i apply and refused so whats the point thats y im asking d questions

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rachellynn1972
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Re: im irish passport holder cant bring wife to ireland pls

Post by rachellynn1972 » Thu Sep 18, 2014 6:31 pm

As an irish, your naturalization certificate and passport proof that. All formerly and past immigration restrictions are no more applicable to you as an irish. If you can show that all requirement to bring your non eu spouse to the country are met then why waiting. Send in your application. I dont know why you are asking such a question after naturalization. Do you know what naturalization mean before you apply? You are an irish and a citizen of eu yourself, so you can bring your non eu spouse to any country in the eu including ireland if you show you have all required immigration policy and law. You are no more under immigration control, family member of an eu or someone that retain a right under eu law, you are an irish. Simple as A B C
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
Junior Member
Posts: 50
Joined: Sun Jun 08, 2008 6:34 am

Re: im irish passport holder cant bring wife to ireland pls

Post by ali_ireland » Fri Sep 19, 2014 3:41 pm

hi...as you said is all bulk of laws not applies on irish passport holder? ....is any one else have similar situation like me ?pls share

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rachellynn1972
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Re: im irish passport holder cant bring wife to ireland pls

Post by rachellynn1972 » Fri Sep 19, 2014 4:56 pm

ali_ireland wrote:hi...as you said is all bulk of laws not applies on irish passport holder? ....is any one else have similar situation like me ?pls share
No one holding an Irish passport will have been through your question. If you hold an Irish passport you are an Irish and not under any immigration control. If you dont know your rights as an Irish citizen then you must seek a legal advice from a solicitor.
A divorced person are free to remarry, regarding that I don't see any problem.
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.

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rachellynn1972
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Re: im irish passport holder cant bring wife to ireland pls

Post by rachellynn1972 » Fri Sep 19, 2014 5:24 pm

One more point, those rules you quoted only applicable to a non EU national. As you said you are now an Irish, so those rules no more applies to you because right now you are now an Irish and also an EU national yourself.
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
Junior Member
Posts: 50
Joined: Sun Jun 08, 2008 6:34 am

Re: im irish passport holder cant bring wife to ireland pls

Post by ali_ireland » Mon Sep 22, 2014 3:49 pm

thanks

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