EU/Spouse Visa

Hi, I am a UK citizen married to a Non EU citizen. I live in the UK my son. He resides in South Asia. On the 16th June we applied for a short C Irish visa. Couriered the docs to New Delhi Office. 4 days later my husband received a call requesting further docs. The officer then questioned my partner about the sincerity of the documents and how falsifying facts could mean future problems. She was referring to my divorce papers as she has not received them. She further claimed that I must have been previously married as I have a child and I'm a muslim etc etc. She insisted on seeing my divorce paper. Unfortunately, that may be a problem because ive never been married! She also wanted his education cert. Why???

All docs requested except the above two were received by the visa office on the 15th July. (with the 30 days) On the 11 Aug my partner was again contacted via mobile but as he doesnt speak english (mentioned on application) the officer hung up. I contact the office from London but was told to either send an email or call back in the morning. My concern is this. Short C EU/Spouse C Visa takes 20 working days. It was 20 days on the 11 Aug. Should we be worried. I have already organised our move to ireland. We have a place to live and my son will be attending school. I have previously lived in Ireland from 2008-14. The other factor is the age gap. He is 25 and I'm 42. Could this be a factor for the delay? We have been apart since Mar this year and married last Nov. Thank you again.

short C EU SPOUSE doesn't take 20 working days. it is 4weeks maximum. you need to send them a letter by email explaining that you didn't marry however you have a child so there is no divorce cert to show them. explain it to make it understandable. don't forget to quote his reference number on the correspondence. don't add any fake document. they will ban him for 5yrs.

Hi Appiah, thanks for replying. I have done everything you said. its now 7 wks since we applied and still nothing. I sent them an email and they replied by saying they will forward my email to the case worker dealing with our application.

All documents sent were original except my passport (eu) and my sons birth cert. Under the directive 2004/38/eu eu spouse visa's are accelerated so it takes 20 working days. it says so on the irish visa website.

i also emailed solvit and there response was that my husband should have received his visa by now under the directive. it should not take more than 20 days.

i will be absolutely distort if they refuse. thank u again for ur reply

today is the 7th week since we applied for an Irish C Spouse visa under the directive. Last week I emailed Solvit Ireland and Uk with my circumstances. I also emailed the new delhi irish visa notifying them of what I had done. Normally they respond within the hour. This time i had to wait 2 days for a response. Finally, I received an email from the visa office stating:

Dear Nahida,

Please be advised that the processing of your file will be complete today. It is hoped that a decision will issue by the end of the week.

Regards,

Visa Office,
Embassy of Ireland | C17 Malcha Marg, Chanakyapuri, New Delhi, India
Tel: (+91 11) 4940 3200

http://www.irelandinindia.com
http://www.inis.gov.ie

I am hopeful but I will worry till I have confirmation one way or another. I cannot believe that this is a visa all EU and there spouse are entitled to apply for but if not pushed they just sit with it! Wish us luck everyone.

Good luck NSheikh

Thank you Gracious2015!

Hi All,

Visa refused! Gutted.
Refused
ID:- Authenticity of documents
R:- No clear link to reference has been shown
R:- No reference in Ireland

We sent all the correct documents but they somehow did not believe us! We will be appealing but can someone/anyone advice on what is the best way to proceed now? I'm in the UK and spouse in Bangladesh. Visa office in New Delhi. A bit of a trek to get too plus neither of us have indian visa's unless we apply. My problem is that apart from what we have already sent we cannot add to it. We sent

2 marriage certs (court & registry)
spouse passport, copy of mine
2 letters from myself linking ref to ireland (refusal reason)
copy of sons birth cert
signed application form

I don't believe any other doc is required for this particular visa (c) EU Spouse (2004/38/EU) or am I mistaken?

Please anyone help!

Thanks u in advance.

contact solveit that is the only way...

Hi Khanmzk,

I thought they would only help after an appeal refusal but i have been in touch with both irish and uk solvit prior to the visa refusal today. I have been in touch with uk solvit again today. lets see if they can assist. i am so sad. after waiting 7 weeks for a decision this is not what i expected. thanks again

Hi,

Sorry to hear about your refusal,
How did you find out the outcome of your application as on inis website it say that they have some technical issue so they Will update later,

And also did you certify your marriage certificate from minstry of foriegn affair???

dont appeal. contact solvit first about the refusal and at the same time write a letter to the embassy to reconsider the decision again because of flaws in their decision. take note that when you appeal and it goes to court as in the uk solvit is helpless. check from solvit site

Hi Umairks123,

Thanks.
I checked on the Irish Embassy New Delhi website for visa decisions not the dublin office. The decisions are posted every Tue and Thur. I got an official stamp from the registry/court where we got married not from the foreign office. We had to send in two marriage certs as the case worker rang to say she needed more proof that this was my husbands first marriage. I think there is a conspiracy. I've asked for his documents back and if you think we should get it certified I will do that but why did the case worker when she rang not say that after receiving the first marriage document? Why wait 7 weeks to give us a decision of refusal?

I've contacted solvit in the UK yesterday but i don't have all the documents we sent as my husband has the others. Why do u say not to appeal appiah?

Hi nsheikh,

Where did you got married?? Which country??

Do u have wedding pictures to show them? And I am confused why they called twice and asked for further document?

Why they refused its so rear in Eu directive Law,I am confused whether they were not sure about your relationship or the marrige certificate is genuine or not?

And what is this ( no clear reference has been shown) ????

Hi Umairks123,

We married in bangladesh last year. marriage cert originally in bengali but later translated to english signed and stamped. this was originally sent until my husband got a phone call requesting further proof this is his first marriage (what relevance to visa?). so we got another official document stamped and signed by 3 different official depts to verify original marriage cert and sent it to them. we also send a further letter (2nd) with all my details regarding move to ireland. this included bank confirmation, pps no, my son's school details and address for ireland. ive lived in ireland for 6 yrs previously. whats funny is that the case worker who called accused/warned my husband not to falsify documents. how his eu spouse must have been married previously cos she has a child and she demanded my divorce papers. difficult cos ive never been married! we dont have wedding pics. no big party just the couple and 2 witness. load of pics taken after though.
the answer to you question about links to ireland is what confuses me cos i dont have to be living there when i applied for the visa. i only have to join him. fact that i gave them so much detail about my previous life in ireland should show my link surely? i dont understand the reasons because im still waiting for their refusal letter. will let u know more then. soooooooooooooooooooooo gutted. (((((

Hi All,

Dont know if anyone is reading about my situation but in case it helps anyone else here's the latest.

Emailed SOLVIT UK today with copies of our 15 documents sent to Irish Embassy in New Delhi 8 weeks ago. I also emailed the EU Commision but they suggested SOLVIT first. The 2 reason for refusal was Authenticity of Documents and no links to Ireland. If 4 different marriage cert/verified copies including original bengali version are all fakes I'm dumb struck! Having lived in Ireland since 2008-14 I'm mortified that my evidence of this is not valid and I have shown no links to Ireland. My son was about to start school in Ireland this sept, I also had a place to live and a job if i wanted it! Apparently, none of this shows that I have any links to ireland as far as New Delhi Irish Embassy is concerned.

I'm going to wait to hear from SOLVIT UK first before I ask for the return of my husbands passport. He doesn't live in India so it makes sense in case they decide they made an error with the decision and want his passport back. Keep you posted if anyone is interested. BTW: Apparently, its very rare for EU Spouse visas under the directive to be refused. Our case must have really made there day!

Hi nsheikh,

I have contacted Solvit on Sunday regarding delay in my application, UK Solvit reply fast and very good service. I got a reply today they want all thedocument and consent form to be sign.

I can understand how you are going through specially with kid, but hopefully soon you will get visa for your husband.
You have submit engough documents,let Solvit looking in to your documents.

Hi Umairks123,
Thanks but just curious how long SOLVIT will take to read through the documents. So what is your situation?

I was gonna asked you the same question, as I sent my documents on Tuesday and wondering how long they will take, I have not recived any acknowledgment from Solvit

The processing time on website state they will solve your problem with in 10 weeks.

They are pretty much very fast, they reply me with in one day, and asked to sent copy of application, any communication I had with embassy and all scanned documents.

From my understanding once they recived documents they look in to the case and forward and correspond further with Solvit in Ireland then they forward to embassy.

May be I wrong, can any one clear how Solvit works???

Hi again,

Got response from SOLVIT today. Nothing they can do till i get our refusal letter which is going to be a nightmare! Sent documents via post but did not send return envelope to embassy (my fault). so now trying to get a courier organised from UK as husband in Bangladesh and passport office in India! Embassy has been useless. They couldn't care less. They've done there job so not their problem how ur passport etc is returned.

Solvit will get back to you real soon to confirm they have all ur docs and then yes it is a 10 week wait but doesn't have to be. It could be sooner. Depends on luck I suppose. I wish u luck Umairks123.

http://ec.europa.eu/solvit/how-solvit-w ... dex_en.htm

Hi again, this is how SOLVIT works. Check out the webpage above.