| View previous topic :: View next topic |
| Author |
Message |
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
 Posted: Tue Jul 31, 2012 7:00 pm Post subject: |
 |
|
| Thanks fr the advices. I am in sort of new dilema, when we first applied for COA in december 2010 they retained his passport and then whn we made application fr his leave to remain in followingyear they refused his application but styll haven't returned his passport. If we want to go ireland he needs his passport and my solicitor said they only return his passport back if he go back to his country and that's only in airport. I don't know if the solicitor saying the right thyng or we can get it bk. |
|
| Back to top |
|
 |
|
|
Ben
Guru
Joined: 05 Jul 2007
Posts: 2706
Location: Elsewhere
|
| Posted: Wed Aug 01, 2012 8:58 am Post subject: |
|
|
Go on the ferry, via Northern Ireland (to be safer).
Once in Ireland he can apply for a replacement passport from the Pakistani embassy in Dublin.
_________________
I am no longer posting publicly on this website - PM me if needed. |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Wed Aug 01, 2012 10:59 am Post subject: |
|
|
| Ben wrote: | | Once in Ireland he can apply for a replacement passport from the Pakistani embassy in Dublin. |
You might even be able to request your passport be sent to the British embassy in Dublin.
I actually kind of like Ben's idea. MRAX, the case mentioned in http://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/ is your friend and you should be very clear what it says.
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
| Posted: Wed Aug 01, 2012 4:05 pm Post subject: |
|
|
| Directive/2004/38/EC wrote: | | Ben wrote: | | Once in Ireland he can apply for a replacement passport from the Pakistani embassy in Dublin. |
You might even be able to request your passport be sent to the British embassy in Dublin.
I actually kind of like Ben's idea. MRAX, the case mentioned in http://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/ is your friend and you should be very clear what it says. |
Thanks Million for your advice. Once we in ireland we can try going to British Embassy in Dublin and request them to send his passport to dublin. |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Wed Aug 01, 2012 11:06 pm Post subject: |
|
|
Read MRAX carefully!
And remember that it is very important that the EU citizen find work within 90 days. McDonalds is fine, even part time. But it has the be paid work, and it should leave a paper trail of evidence (wuch as a letter from your employer confirming employment, or pay slips or a contract). This is needed both for the initial Irish Residence Card (called 4EUFam) and if you ever want to use Singh to return to the UK.
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
| Posted: Fri Aug 03, 2012 12:38 am Post subject: |
|
|
| Directive/2004/38/EC wrote: | Read MRAX carefully!
And remember that it is very important that the EU citizen find work within 90 days. McDonalds is fine, even part time. But it has the be paid work, and it should leave a paper trail of evidence (wuch as a letter from your employer confirming employment, or pay slips or a contract). This is needed both for the initial Irish Residence Card (called 4EUFam) and if you ever want to use Singh to return to the UK. |
THanks very much. I got it now, but I am bit confused bout Proving his identidy and our conjugal ties. He got full UK driving license since 4 years and we registered our marriage in 2010 and been living togather since 2009. Our birthday, anniversary cards we gave to each other + pictures togather since 3 years we living togather and wedding pictures or if conjugal ties means something else? Many thanks. |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Fri Aug 03, 2012 2:29 am Post subject: |
|
|
| masmaqadz wrote: | | Directive/2004/38/EC wrote: | Read MRAX carefully!
And remember that it is very important that the EU citizen find work within 90 days. McDonalds is fine, even part time. But it has the be paid work, and it should leave a paper trail of evidence (wuch as a letter from your employer confirming employment, or pay slips or a contract). This is needed both for the initial Irish Residence Card (called 4EUFam) and if you ever want to use Singh to return to the UK. |
THanks very much. I got it now, but I am bit confused bout Proving his identidy and our conjugal ties. He got full UK driving license since 4 years and we registered our marriage in 2010 and been living togather since 2009. Our birthday, anniversary cards we gave to each other + pictures togather since 3 years we living togather and wedding pictures or if conjugal ties means something else? Many thanks. |
If it is your husband, you only need a marriage certificate to provde the family relationship. Nothing else. And passport to prove identity.
MRAX answers several questions:
(1) What happens if somebody arrives at the broder but does not have the right visa.
(2) What happens if somebody applies for a RC buy does not have a valid visa
(3) ....
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
| Posted: Sat Aug 04, 2012 8:05 pm Post subject: |
|
|
| Directive/2004/38/EC wrote: | | masmaqadz wrote: | | Directive/2004/38/EC wrote: | Read MRAX carefully!
And remember that it is very important that the EU citizen find work within 90 days. McDonalds is fine, even part time. But it has the be paid work, and it should leave a paper trail of evidence (wuch as a letter from your employer confirming employment, or pay slips or a contract). This is needed both for the initial Irish Residence Card (called 4EUFam) and if you ever want to use Singh to return to the UK. |
THanks very much. I got it now, but I am bit confused bout Proving his identidy and our conjugal ties. He got full UK driving license since 4 years and we registered our marriage in 2010 and been living togather since 2009. Our birthday, anniversary cards we gave to each other + pictures togather since 3 years we living togather and wedding pictures or if conjugal ties means something else? Many thanks. |
If it is your husband, you only need a marriage certificate to provde the family relationship. Nothing else. And passport to prove identity.
MRAX answers several questions:
(1) What happens if somebody arrives at the broder but does not have the right visa.
(2) What happens if somebody applies for a RC buy does not have a valid visa
(3) .... |
Yes, he is my husband and we got the marriage certificate but as I mentioned in previous post that his passport has been retained by Home office in Uk when he applied for FLR(M).
I carefully read MRAX and understood but styll as you mentioned his passport as his identity but he hasnt got it but he got his full UK d/l and he will be the one driving us. Many thanks, |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Sat Aug 04, 2012 11:29 pm Post subject: |
|
|
Carry as much other evidence of his identity as possible. E.g. old passports, birth certificate, old tax returns, etc....
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
Ben
Guru
Joined: 05 Jul 2007
Posts: 2706
Location: Elsewhere
|
| Posted: Sun Aug 05, 2012 9:36 am Post subject: |
|
|
| masmaqadz wrote: | | he got his full UK d/l and he will be the one driving us. Many thanks, |
What route are you taking?
If docking in Belfast or Larne (both Northern Ireland) and driving South you will not meet an immigration officer.
If docking in Dublin, Dun Laoghaire or Rosslare you may meet an immigration officer and potentially experience difficulties and / or refusal of entry if your husband is unable to present a valid passport within a reasonable time.
_________________
I am no longer posting publicly on this website - PM me if needed. |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Sun Aug 05, 2012 9:40 am Post subject: |
|
|
I am curious. Can you get a replacement passport from the embassy in London?
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
| Posted: Sun Aug 05, 2012 1:16 pm Post subject: |
|
|
[quote="Directive/2004/38/EC"]I am curious. Can you get a replacement passport from the embassy in London?[/quote
He can only get a replacment passport from embassy in London if he has lost/stolen his previous passport with police report and proof of UK leave to remain. His passport is with UKBA so we can not report it lost or stolen to police + he wont be able to show proof of leave to remain.
In lights with MRAX and METOCKS can we not argue with UKBA and ask for his passport?(its valid until July 2013. |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Sun Aug 05, 2012 1:38 pm Post subject: |
|
|
| masmaqadz wrote: | | Directive/2004/38/EC wrote: | | I am curious. Can you get a replacement passport from the embassy in London? |
He can only get a replacment passport from embassy in London if he has lost/stolen his previous passport with police report and proof of UK leave to remain. His passport is with UKBA so we can not report it lost or stolen to police + he wont be able to show proof of leave to remain.
In lights with MRAX and METOCKS can we not argue with UKBA and ask for his passport?(its valid until July 2013. |
Just so you are 100% aware going into this, you should know that you may have to deal with the same catch-22 in Dublin.
First off you will need to get a job, or have enough money to be considered self sufficient. However, because your husband does not have a passport, he will not be able to apply for a RC.
But without an RC, how will he prove he is legal to his embassy. You and he will have to negotiate with his embassy until he can get a passport. You will likely have to involve these people: http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights%20FAQs
Yes I know he will be legal, automatically for the first 90 days, but his embassy will not know that.
There was a previous thread in the EEA section of somebody in exactly the same situation who was resident in the UK. You should read carefully through the thread. He might have been Nigerian, though maybe he was from Pakistan. I am not sure
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
| Posted: Sun Aug 05, 2012 4:46 pm Post subject: |
|
|
| Directive/2004/38/EC wrote: | | masmaqadz wrote: | | Directive/2004/38/EC wrote: | | I am curious. Can you get a replacement passport from the embassy in London? |
He can only get a replacment passport from embassy in London if he has lost/stolen his previous passport with police report and proof of UK leave to remain. His passport is with UKBA so we can not report it lost or stolen to police + he wont be able to show proof of leave to remain.
In lights with MRAX and METOCKS can we not argue with UKBA and ask for his passport?(its valid until July 2013. |
Just so you are 100% aware going into this, you should know that you may have to deal with the same catch-22 in Dublin.
First off you will need to get a job, or have enough money to be considered self sufficient. However, because your husband does not have a passport, he will not be able to apply for a RC.
But without an RC, how will he prove he is legal to his embassy. You and he will have to negotiate with his embassy until he can get a passport. You will likely have to involve these people: http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights%20FAQs
Yes I know he will be legal, automatically for the first 90 days, but his embassy will not know that.
There was a previous thread in the EEA section of somebody in exactly the same situation who was resident in the UK. You should read carefully through the thread. He might have been Nigerian, though maybe he was from Pakistan. I am not sure |
I tried to find that thread but cant find it.I came across to few forum while searching on google tht in uk if non eu spouse of eu citizen dont have passport at the time of their application they get their residence card issue on A4 paper, is it not the case in Ireland?? |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Sun Aug 05, 2012 10:53 pm Post subject: |
|
|
http://www.immigrationboards.com/viewtopic.php?t=75266&highlight=nigeria+passport is one of the threads.
| Quote: | | I tried to find that thread but cant find it.I came across to few forum while searching on google tht in uk if non eu spouse of eu citizen dont have passport at the time of their application they get their residence card issue on A4 paper, is it not the case in Ireland?? |
UKBA does that if you have submitted the passport for the RC application, but then asked for it back before the RC was issued. You still must submit the passport.
I do not think this is impossible at all. But I just want to warn you that you may have to work hard as a go between to arrange it
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
masmaqadz
Junior Member
Joined: 22 Jul 2012
Posts: 16
|
| Posted: Wed Aug 08, 2012 1:01 am Post subject: |
|
|
| Directive/2004/38/EC wrote: | http://www.immigrationboards.com/viewtopic.php?t=75266&highlight=nigeria+passport is one of the threads.
| Quote: | | I tried to find that thread but cant find it.I came across to few forum while searching on google tht in uk if non eu spouse of eu citizen dont have passport at the time of their application they get their residence card issue on A4 paper, is it not the case in Ireland?? |
UKBA does that if you have submitted the passport for the RC application, but then asked for it back before the RC was issued. You still must submit the passport.
I do not think this is impossible at all. But I just want to warn you that you may have to work hard as a go between to arrange it |
That is rite ... We trying to go through the procedure of making his new passport. Hopefully his embassy will assist him to get his new passport. |
|
| Back to top |
|
|
st pauli
Member of Standing
Joined: 26 May 2012
Posts: 122
|
| Posted: Wed Aug 22, 2012 8:16 pm Post subject: |
|
|
| Directive/2004/38/EC wrote: | Read MRAX carefully!
And remember that it is very important that the EU citizen find work within 90 days. McDonalds is fine, even part time. But it has the be paid work, and it should leave a paper trail of evidence (wuch as a letter from your employer confirming employment, or pay slips or a contract). This is needed both for the initial Irish Residence Card (called 4EUFam) and if you ever want to use Singh to return to the UK. |
If the EU citizen does not yet have work but has enough money to be considered self-sufficient, can you still apply for 4EUFAM?
I have tried to make sense of the relevant directives but I still can't get my head around the idea of self-sufficient, for how long exactly are you required to show you can be self-sufficient for? |
|
| Back to top |
|
|
Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6411
Location: does not matter if you are with your EEA family member
|
| Posted: Wed Aug 22, 2012 11:25 pm Post subject: |
|
|
Yes, you can apply for 4EUFam (a Residence Card) if the EU citizen is:
working
self employed
self sufficient
student
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
st pauli
Member of Standing
Joined: 26 May 2012
Posts: 122
|
| Posted: Thu Aug 23, 2012 11:15 am Post subject: |
|
|
| Directive/2004/38/EC wrote: | Yes, you can apply for 4EUFam (a Residence Card) if the EU citizen is:
working
self employed
self sufficient
student |
Thanks a lot, a couple of quick-fire follow up questions here if I may
1. Technically can't anybody just register as self-employed even if they don't have an obvious trade or any reason to be so? Not something I'd plan on doing in any case but just seems like a curious requirement.
2. Is €5,000 shown in a current account enough to apply for an 4EUFam for your spouse while not having employment, in respect of this whole self-sufficiency thing? |
|
| Back to top |
|
|
agniukas
Sage
Joined: 31 Oct 2008
Posts: 637
|
| Posted: Thu Aug 23, 2012 11:24 am Post subject: |
|
|
when applying as a self employed, you will have to provide evidence of running a viable business... business bank statements for 6 months, documents from revenue, that you are paying tax and are registered, ect.
Invoices and receipts from business for 6 months.
as a self sufficient, i don't think that a lump sum in your account is sufficient... you need to have CONSTANT in-flow of money... lets say one spouse is working and is getting money on a weekly/monthly basis, and then the other spouse can claim to be self sufficicient if provided evidence that the working spouse is fully supporting him/her without resources to the social welfare |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Register
Private Messages
Profile
Log in
