Marriage to failed asylum seeker in ireland - please help

The OP can apply and the visa may well be granted, but there is no absolute right to it. We disagree, just leave it at that. The OP can get a professional opinion if she needs to.

Van Da Loos wrote:Those sort of rights are explained in article 263 TFEU Sanding order per judicial reviews, however that case study was demonstrated in the case 120/86 Mulder v Mnister van Landhouw en Visserij 1988 ECR 2321, when telling people that, there's no provision openly for citizens to bring in their souse to the state, while refugee and resident permit holder does have the right to re-unification is in fact ignorant and ill-fated advise to give to members of the forum, hope that piece help though.

Angel country is back again.

ImmigrationLawyer wrote:The OP can apply and the visa may well be granted, but there is no absolute right to it. We disagree, just leave it at that. The OP can get a professional opinion if she needs to.

I am not disputing your fact, and i am not saying it's absolute, but that expectation is legitimate as promised under the immigration law, and if it's denied there's always room for judicial review or administrative review at first. so that's it.

Where is it "promised" under immigration law?

ostrich wrote:

Van Da Loos wrote:Those sort of rights are explained in article 263 TFEU Sanding order per judicial reviews, however that case study was demonstrated in the case 120/86 Mulder v Mnister van Landhouw en Visserij 1988 ECR 2321, when telling people that, there's no provision openly for citizens to bring in their souse to the state, while refugee and resident permit holder does have the right to re-unification is in fact ignorant and ill-fated advise to give to members of the forum, hope that piece help though.

Angel country is back again.

You beat me to it. I had thought it was Angel Country but held off for another rambling post to be sure. PM sent to Moderator

ImmigrationLawyer wrote:Where is it "promised" under immigration law?

Hoe, log on to www.inis.gov.ie/en/INIS/Pages/WP07000024 and apply for your husband, so immigration lawyer, when the time comes for a ''Locus Sandi'' we will quote the immigration law that apply to that effect, so stop making a res-gestae there.

Van Da Loos wrote:Those sort of rights are explained in article 263 TFEU Sanding order per judicial reviews, however that case study was demonstrated in the case 120/86 Mulder v Mnister van Landhouw en Visserij 1988 ECR 2321, when telling people that, there's no provision openly for citizens to bring in their souse to the state, while refugee and resident permit holder does have the right to re-unification is in fact ignorant and ill-fated advise to give to members of the forum, hope that piece help though.

Oh sweet lord. Your at it again. Is this some sneaky attempt to get free EU law grinds? Because, you never have anything to say, when you are corrected.

Judicial Review as per Article 263 TFEU refers to Judicial Review at EU law level, to challenge the actions of the Institutions and Member States. It will rarely, be used , if ever, in the scenario that you suggest, by an individual. For a start, the decision maker is the Member State. You will have to go through the domestic avenue so Article 267 TFEU might be more appropriated. To put it blunt, Article 263 TFEU says absolutely nothing of the sort. In fact most / all important free movement cases come via 267.


Secondly, that case you are referring to, when I try and get my head around what you were talking about, is hardly authoritative, considering the new legislation and case law. I am not going to even bother reading such an old case, knowing damn well you have intentionally or , worse, accidentally misinterpret what it actually says.

Immigration lawyer mentioned that under Irish law there is no guarantee to bring their spouse, . He is right. If EU don't apply, your talking nonsense (again) McCarthy case 2011. But, EU law might apply via Singh 1992.

if you are that interested in law, why don't you go and enroll in a College / University course and not the mickey mouse places you seem to be getting your tosh. Your embarrassing yourself. The only reason you are being responded to is because, its possible people would be stupid enough to believe you.

In light of your previous failure to respond to any points I rely to from other other ramblings, I suggest you keep it that way.

Its time for you to end the Walter Minty mode.

walrusgumble wrote:Oh sweet lord. Your at it again. Is this some sneaky attempt to get free EU law grinds? Because, you never have anything to say, when you are corrected.

Judicial Review as per Article 263 TFEU refers to Judicial Review at EU law level, to challenge the actions of the Institutions and Member States. It will rarely, be used , if ever, in the scenario that you suggest, by an individual. For a start, the decision maker is the Member State. You will have to go through the domestic avenue so Article 267 TFEU might be more appropriated. To put it blunt, Article 263 TFEU says absolutely nothing of the sort. In fact most / all important free movement cases come via 267.


Secondly, that case you are referring to, when I try and get my head around what you were talking about, is hardly authoritative, considering the new legislation and case law. I am not going to even bother reading such an old case, knowing damn well you have intentionally or , worse, accidentally misinterpret what it actually says.

Immigration lawyer mentioned that under Irish law there is no guarantee to bring their spouse, . He is right. If EU don't apply, your talking nonsense (again) McCarthy case 2011. But, EU law might apply via Singh 1992.

if you are that interested in law, why don't you go and enroll in a College / University course and not the mickey mouse places you seem to be getting your tosh. Your embarrassing yourself. The only reason you are being responded to is because, its possible people would be stupid enough to believe you.

In light of your previous failure to respond to any points I rely to from other other ramblings, I suggest you keep it that way.

Its time for you to end the Walter Minty mode.

Walrus, don't feed the trolls!

OP posting again, sorry to drag this thread back up.
My partner and I have still not married yet in law, but we really need to do so soon.

Just a few questions - if my parter is granted a spousal visa to come and join me here, what is the situation with work, can he work? or when will he be allowed to. I am studying, and currently living with my parents, my long uni hours prevent me from working. I do not recieve any type of social welfare payments. He would need to be working here in order to support himself.

Also, when can he travel? there is a bit of a situation now, an immediate family member is sick and he needs to go home to see him. He really needs to get his papers sorted out so as he can come back after. Is the best way of doing this through marriage? Is there any other way? It would be a real nightmare (ever more than it is now) if he goes home and then can't come back here (which is what will happen at the moment). As I mentioned before, I still have 4 years of a 5 year degreee to finish here, otherwise I would be able to go to his home country with him.

I found this article, http://eumovement.wordpress.com/2007/04 ... u-citizen/
As far as I can see, the three conditions outlined at the top of the page, are fulfilled.
What are the implications of that in our case, does it change anything?

Thank you all again for your help, I really appreciate it.

anna1 wrote:Hi all, bit of a complicated situation but I am hoping someone on here may be able to help us.

My partner is Algerian, I am Irish. We have been together for two years, married in religious law and want to get married in civil law.

He gained entry to the UK on a 6 month student visa, which expired in 2009. After spending a few weeks in the UK, he travelled via boat to Ireland, where he made an asylum seeker application. He was in Ireland for 6 or 7 months, his application was unsucessful. His temporary asylum visa was out of date at this stage, the police came into the hostel he was staying in, and he was then detained in prison and deported back to the UK.

He has been in the UK since July 2010 (i.e since deportation from Ireland). UK Immigration know he is in the country, but have not issued any deportation notice yet.

He is a good, honest person, he has never committed any crimes other than breaking immigration laws.

How do we even go about trying to get married? Do we try in Ireland or in the UK or a different european country? We are desperate to get married legally, we love each other deeply and I cant imagine what would happen if he was to be deported. How do we go about the process? It has to be possible. There must be some way that we can legalise our marriage, and therefore legalise his presence in europe too. His track record being deported etc. is going to make it far harder but there has to be a way around it..

Please.. any advice/help is welcome and really needed. Does anyone know a good organisation we can contact that would give free legal advise in this area? Neither of us have slept properly for months with the worry of it all.

Thankyou,
Anna

Hi Anna I know it's been a few years since u posted this. I've just come across this forum as I'm in a sort of same situation. Can u please tell me what outcome for your case. Thanks