Extended Family Members Application (Brother) Refused

Hi imrann89

No update so far, i applied in 2014 for my brother and now its 2016, its been two years now in Ireland but no luck so far. My case in Court and hearing is in Mid Jan 2016, i will keep you update. Is any one got succeed in this category please share your experience
Thanks

hi malik0543

that's true brother its very hard now a days honestly I have just started the process and my case is similar to your one ..I just want to ask that how long does it take for biometric once you apply ....I am in real trouble and its really hard to survive in Ireland without job ....I don't have a job since I apply so if you could help me .....malik can I have your email id ??

Hi imrann89

You can submit your brother application and see how it goes, once you submit documents you will get temp stamp within 9 weeks,

Jobs is big problem in Ireland but we cant do much about it but you will find job if you keep trying.

also i cant share my personal details on board , but you can send me private message, i will reply you.

Thanks

malik0543 wrote:also i cant share my personal details on board , but you can send me private message, i will reply you.

Thank you for not posting your personal details and adhering to the forums terms and conditions. The user will not be able to use the PM function until he has reached 30 posts.

hi malik

thank you for your reply mailk its very kind of you ,,i will contact you via personal function ,,, ya
its very hard process acually

Hi, i need to apply for my brother in ireland. Kindly guide me thanks

Henchmani wrote:Hi, i need to apply for my brother in ireland. Kindly guide me thanks

This topic is about refusal.

Suggest search in forum and also use google.
If still not clear suggest start your own topic.

has there been any outcome of this as one year down the line I am in the same position as Malik? any updates?

What is your case?

Hi reshma1

you should tell us more about your case

Hi

Just to give an update.

I have attend my JR hearing last week and I am very much disappointed with Irish justice system as it's totally crap.

Judge was also giving favors to other side as our barrister told us he have not sympathy for you.

Cut long story short

They got letter from UKBA about my brothers immigration history and they say he was residing in UK while his JR application was pending.

And now court must decide this case on conduct of applicant, so in a nutshell they want case to be windup on technical grounds.

Well the court will need to deal with law and the legal basis of refusal. Whether or not he came to the UK during JR is immaterial.

The question is, how did they find out he was in the UK?

Hi Obie

Here is the problem start, court should focus at the date of refusal but this is not a case, ireland justice system is crap, they are still in Stone Age. All system is relaying on affidavits etc.

Making a application to UK or Canada or anywhere it's an individual right, even if application left country could should make decision at the date of application or refusal.

Judge was also not ware of these cases and he was asking from both parties solicitors to guide him which way he go first.

After been waiting 2 years and spending thousand of euro getting nothing out of it.

INIS wrote letter to UKBA to provide immigration history of applicant, so they send them a letter stating all my bother applications details.

During his JR application pending, he put an Application as he want to travel urgent due to family reason but later matter sorted and application was return as invalid as he didn't provide them biometrics.

INIS didn't mention a word in there grounds of opposition about this application but all of sudden they start preseing
On this issue, and judge sent bother to listen us that why we provide them details as this application have nothing to due with our JR application and it's not a part of thaws proceeding .

But judge was not in mode to listen. And when our barrister point out that they have ULBA letter since December 15 and they didn't serve us nor any point were raised so judge says it's an human error and other barrister sunlit oral apology for delaying submit this paper and that's all, court happily accept and say it's a human error.

I am 200% sure even I provide them all docs for this application which we didn't entertain, judge still won't allow this case,

Absolutely crap and waste of time.
New date in October 2016.

I believe it was a mistake to make a UK visa application whiles he was fighting a case in Ireland, but I believe the important thing is answers to the legal question.

If the court failed to do so, then it erred and the matter can go to the Court of Appeal.

Irish and British judicial system works in similar way.

The task for the court is to examine the legality of the decision and not to take into account fact that are unrelated to the decision.

Having said so, even if you succeed the residence card may be an issue gicong the fact that he has moved tO the UK.
This however will not affect the answers to questions of law posed at the Judicial review.

Hi Malik,
Any update ????????

HI

No update so far. still pending

fed up with extended family / other family member cases.

Ireland is not a place for Other Family Member.......

No right of Appeal and JR is very expensive and lengthy......

whole process will take up to 3 years.....

INIS --- Initial Application for extended family members normally take 1 year

you will eventual get refusal

there is no right of appeal ....... only review can be done which will take 1 year and again it will refused

now time to JR, now a days they are going to Full hearing.

INIS hire most experience and expansive barrister in Ireland....

in JR it will take at least 1 full year.....

and you never know what will be the result.....

but above all .....

do we have any other option ??????

Any update??

malik0543 wrote:HI

No update so far. still pending

...

but above all .....

do we have any other option ??????

There are always other options; for example, there are many more EU countries to choose from and free movement treaty rights apply across the board.

You are right about other countries but the problem is how can we take our dependent to other countries without having valid visa?

Yaser999 wrote:You are right about other countries but the problem is how can we take our dependent to other countries without having valid visa?

The problem is Eire seems relatively less than extended family-friendly. (The only EU requirement for EFMs is to facilitate).
Clearly you have to go by the book and would typically need a visa wherever you chose to exercise treaty rights.

noajthan wrote:

Yaser999 wrote:You are right about other countries but the problem is how can we take our dependent to other countries without having valid visa?

The problem is Eire seems relatively less extended family-friendly. (The only EU requirement for EFMs is to facilitate).
Clearly you have to go by the book and would typically need a visa wherever you chose to exercise treaty rights.

Which other EU countries you would think are better to get resident card for extended family members?

Yaser999 wrote:Which other EU countries you would think are better to get resident card for extended family members?

Suggest search forum for reports and success stories from your co-members.

HI


Problem is not that to take EFM to an other EU Countries, problem is to find out which is the best country in which and they can get residence card...

but its hard to find out ...

before recent change in the UK for EU family member, i think UK was the best country for EFM... as they have full right of appeal and you could fight your case in Tribunal.

but now they have changed so not any more , also in UK, you must be EU citizen other then UK.

Ireland is best for Direct Family members....

so many people come to Ireland for extended family member but they are stuck badly as INIS change the law and they do not even give temp stamp now. and now returning back to UK is hard as well and UKBA officer are in Belfast city and international Airport and they always stop me but i have UK passport so they cant do any thing....

i live in Ireland for more then 3 years and not even seen one single person who were granted 5 years residence card in Ireland on EFM basis.

HI i have withdraw my JR application in Ireland

just an advice for all of the Extended family Members applicants

Please do not take both side application. eg. UK and Ireland

Make it clear that both UK and Ireland do data share on regular basis.