Hi all,
my husband recently applied for a join eea spouse visa from Nigeria, the application was submitted on the 29th of Sep 2014 and a refusal letter was sent out on the 1st of Oct 2014, its definitely dodgy because i have never heard of a visa application decision being made in 2 days, the visa officer probably couldn't be bothered to read the application or he has reached his/her quota for the no of visas to be issued in a month lol. the visa officer said he failed to prove that he is a beneficiary under the directive because my one way ticket is not enough to proof that i intend to live in Ireland. he included in his application
copy of my passport
his passport
our marriage certificate
my one way ticket to ireland
and a cover letter stating that i will be picking him up on his arrival 2 weeks after i arrive.
we have appealed the decision and i have decide to put a copy of the appeal letter on the forum incase anyone else is in the same situation and is in need of some guidance. we have sent the appeal letter and are waiting for a decision. fingers crossed this will jolt them into doing the right thing.
Visa Section
Embassy of Ireland
11 Negro Crescent
Maitama
Abuja
9th October, 2014
Appeal against the decision for the refusal of an entry visa to join my EU spouse in Ireland: Passport no: xxxxxx Application no:xxxxxxx
I am writing to appeal against the decision of the visa officer refusing my entry visa to join my EU spouse in Ireland. I believe that in accordance to the provisions of Directive 2004/38/EC, I am a qualifying member of my wife Ms xxxxxxxxxx who is a British citizen and she has provided enough evidence to show that she intends to exercise her free movement right under the Directives thereby satisfying the requirements of s3(1).
According to the guidelines provided by the Irish Naturalisation and Immigration service for visa officers,
Accompanying EU Citizen on Journey to the State or Joining EU Citizen in the State
“4.5 In relation to point 4.1 (iv), it is important to note that an application cannot be
refused on the basis that the EU citizen is not exercising free movement rights in the
State if (a) it is shown that the EU citizen will be accompanying the applicant on their
journey to the State, (b) the EU Citizen has been less than three months in the State or
(c) it is shown, that the EU citizen, although not in the State at the time of the visa
application, will be lawfully in the State at the time of the applicant’s arrival in the
State. This is because the EU Citizen and their family members have a right of
residence, under Article 6 of the Directive, for up to three months in the State without
any conditions (this is, in itself, an exercise of free movement rights under the
Directive).
Based on the provision of this section I believe that the visa officer erred in their decision to refuse my visa because although my wife is not in Ireland at the time of the application, she will be going to Ireland on the 11th of Nov 2014 and will be picking me up from the airport in Dublin on the 30th of Nov 2014 I intend to book my ticket to join her on that date as soon as my visa is issued. The inclusion of her confirmed ticket with my application is enough to satisfy the requirement of s3 (1) of the directive. My wife will be in her initial 3 months of residence by the time I join her.
The visa officer also mentioned that my wife’s ticket is one way, this is because she has no intention of going back to the UK as she is looking to reside in Ireland hence the one way ticket.
Although the directive does not require me to prove that my wife intends to take up employment in Ireland as she will be within the first 3 months of residence, I have included with this letter evidence to show that my wife has the intention to work and reside in Ireland, this includes
• Email confirmation of a job application made on the 22nd Sep 2014 to Boots at Blanchardstown Dublin
• Email confirmation of a job application made on the 23rd Sep 2014 to Dixons retail in Dublin
• Email confirmation on the 23rd Sep 2014 from Boots inviting her to complete an online assessment.
• Email confirmation of a job application made on the 27 Sep 2014 to Argos in Swords Dublin
• Acknowledgment of an application made on the 28th Sep 2014 to Disability Federation of Ireland.
• Evidence of job application sent on the 28th Sep 2014 to Aspireireland.
The visa officer also said that my wife did not provide evidence of accommodation; this is in fact incorrect because on my application form I provided an address where we will be residing in Dublin, The address given on the application form xxxxxxx
The visa officer also mentioned my immigration history and the fact that I was refused UK visa in the past. I applied for a UK visa to accompany my wife who was visiting her mum in London and the visa was refused on two occasion, Even though it wasn’t compulsory to answer the question regarding my immigration history I honestly mentioned my refusal on my application and I do not believe that my refusal by the UK should affect my wife’s decisions to exercise her right under the directives and also my right as her spouse to enjoy that freedom with her.
I do believe that there is no requirement by the directives that my immigration history be considered when processing my application.
In line with the provisions of the directives and the new evidence included with this letter, I hope have been able to prove beyond reasonable doubt that my wife has every intention of moving to Ireland to exercise her rights under the directives.
I believe that my wife and I have satisfied the requirements under Article 3(1) of the Directives, therefore I should be granted entry to join her in Ireland.
Thank you for your kind consideration
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