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Court case - Directive/2004/38/EC

Forum to discuss all things Blarney | Ireland immigration

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shellylooney
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Location: Phils
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my 2nd visa application was still rejected again

Post by shellylooney » Thu Apr 05, 2007 2:31 pm

scrudu wrote:If you check out any of the posts from Irish citizens or spouses of Irish citizens you'll see that the same checks/restrictors based on "marriages of convenience" also apply! The only difference is there is no Law or Directive which governs how non-EU spouses of Irish citizens should be handled, hence every application made is a bit of a "hit n miss" procedure!

Check out shellylooney's case for an example of a non-EU (phillipines) spouse of an Irish citizen whose application was refused on the basis of "lack of proof of relationship".

I agree the rights of non-Irish and their families seem to be down the list of priorities for many politicans (as do non-Irish spouses of Irish citizens). It's worth bringing it up as a topic with politians when they canvas at your door over the coming months!
Hi Scrudu,

I have my latest update regarding my visa application. As you all know my husbands appeal was still rejected but the letter from Visa section told us to meet again for the 3rd time so that they will look favorably in my 2nd application.

So what my husband did he was here in the Philippines this January for his 3rd time visit. Then after he gone home I have all the evidences from our 3rd meet. I applied again for a new application. Its been 3rd week already since I lodged my papers so husband follow-up in Dublin for the update of my papers. So SAD again that my husband told me they still refused my visa 2nd time for the same grounds.

Im expecting all was ok now bec its in their letter say that they will look favorably in my 2nd application. I don't know what else they like to see or to proved that this marriage was true.

Looking forward for your points of view.

scrudu
Senior Member
Posts: 649
Joined: Wed Mar 22, 2006 2:00 pm
Location: Dublin, Ireland

Post by scrudu » Thu Apr 05, 2007 5:48 pm

Hi Shelly,

I'm not sure I understand you correctly. Have they now refused your latest D-Spouse Visa application? If I can piece together correctly, your history is as follows:

Apr 2006 Your husband visited you in Philipines
Jul 2006 Your husband visited you in Philipines
Aug 2006 you two married in Phillipines
??? 2006 Submitted Application 1 (D Spouse Visa)
Oct 2006 Application 1 (D Spouse Visa) - Refused due to RH-Relationship History
??? 2006 Submitted Appeal of Decision (D Spouse Visa)
Dec 2006 Appeal of Decision (D Spouse Visa) - Refused due to RH-Relationship History
Jan 2007 Husband visited you in the Phillipines again
Mar 2007 Submitted Application 2 (D Spouse Visa)
Apr 2006 Application 2 (D Spouse Visa) - Refused due to RH-Relationship History

appleAngel88 said that she had the same situation as you, but they appealed again and enlisted the help of her husband local TD (Member of Parliament). It looks like it may be time for your husband to get someone to help him out further.

You got help from a solicitor already right?

shellylooney
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Posts: 17
Joined: Sat Oct 28, 2006 1:35 am
Location: Phils
Contact:

Post by shellylooney » Thu Apr 05, 2007 11:18 pm

scrudu wrote:Hi Shelly,

I'm not sure I understand you correctly. Have they now refused your latest D-Spouse Visa application? If I can piece together correctly, your history is as follows:

Apr 2006 Your husband visited you in Philipines
Jul 2006 Your husband visited you in Philipines
Aug 2006 you two married in Phillipines
Aug 2006 Submitted Application 1 (D Spouse Visa)
Oct 2006 Application 1 (D Spouse Visa) - Refused due to RH-Relationship History
Nov 2006 Submitted Appeal of Decision (D Spouse Visa)
Dec 2006 Appeal of Decision (D Spouse Visa) - Refused due to RH-Relationship History
Jan 2007 Husband visited you in the Phillipines again
Mar 2007 Submitted Application 2 (D Spouse Visa)
Apr 2006 Application 2 (D Spouse Visa) - Refused due to RH-Relationship History

appleAngel88 said that she had the same situation as you, but they appealed again and enlisted the help of her husband local TD (Member of Parliament). It looks like it may be time for your husband to get someone to help him out further.

You got help from a solicitor already right?
Hi scrudu,

Yes, they refused again my latest D-spouse visa application. We have a solicitor working out of this.

Was appleAngel88 applied twice also?Did she get her visa now?

Were all very upset but we dont lose hope, we fight for our right and our love.

scrudu
Senior Member
Posts: 649
Joined: Wed Mar 22, 2006 2:00 pm
Location: Dublin, Ireland

Post by scrudu » Fri Apr 06, 2007 9:47 am

Hi Shelly,

Read post http://www.immigrationboards.com/viewto ... ght=#76084 for appleAngel88's comments. She said that she was in the same situation but got her visa on appeal.

It looks like you really only have 2 choices. The first is to appeal the decision again, including all the proof of the validity of your relationship that you can into this appeal. I know you did this already, but obviously they are looking for something more. Try to look at the application from their point of view and see any holes. Can you include phone records to show you are in constant contact? Can your husband get in touch with his local TD to add weight to your application?

The second option is to apply for a Tourist Visa to visit Ireland and your husband initially. From what I know, I dont think you can apply for a change of Visa to a D-Spouse visa while here (applicant must be outside of country), but after returning to the Phillipines after this visit, your next D-Spouse Visa application may be more successful. I remember we were told by helpdesk at the DOJ that any visits to Ireland before applying for a spousal visa affect your application favourably.

Has your solicitor given you any advice on this?

shellylooney
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Posts: 17
Joined: Sat Oct 28, 2006 1:35 am
Location: Phils
Contact:

Post by shellylooney » Fri Apr 06, 2007 10:56 am

scrudu wrote:
Has your solicitor given you any advice on this?
Hi Scrudu,

My husband said that he will leave everything to his solicitor. His solicitor dont advise us for a tourist visa but instead he say he will bring this up to higher court. As of now, we wait until next week for his solicitors action on this.

As of now i dont really know what else should i add more evidence if we made an appeal bec everything is in there in my application.

Its fine w/ me to go in 2nd option having a Tourist visa if that can helps. As long as we can be together again w/ my husband.

I will discuss further w/ my husband and keep you posted.

brownbonno
Member
Posts: 176
Joined: Tue Dec 05, 2006 12:02 pm
Netherlands

Court case - Directive/2004/38/EC

Post by brownbonno » Fri Apr 06, 2007 11:43 am

This thread is for- Court case - Directive/2004/38/EC.
Please post in a correct thread to avoid derails.
Knowledge is Power

brownbonno
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Posts: 176
Joined: Tue Dec 05, 2006 12:02 pm
Netherlands

Post by brownbonno » Fri Apr 06, 2007 12:21 pm

Administrator,

Please help post to the appropriate thread to enable get a meaning to this thread/discussions.
Knowledge is Power

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