EU1 Qualyfying Mother-in-law review REFUSED - WHAT NEXT?

Hello

What's her immigration history? How did the story start and what kind of visa did she use to enter Ireland?

Zerubbabel wrote: ↑

Thu Aug 06, 2020 11:52 am

Hello

What's her immigration history? How did the story start and what kind of visa did she use to enter Ireland?

Hi,

I think the administrators added my post to my previous posts so the long story is there. But long story short,

She came with a c vida under eu treaty rights, we submitted EU1 application with all documents requested. They refused the application for a 5 year EUfam because ‘I have not provided evidence of dependancy int he state of Ireland’. This decision was not true because we pay for everything, so went for a review. I submitted more bank statements showing we pay for rent, bills, food, doctors appointments, everything. So I think in the initial application, maybe I didn’t show all my bank statements which show payment for bills etc. Since then, she has just been given extension after extension. We are just continuously waiting. I am happy that she is able to stay because of the extensions, but we as a family just want the recidence card so we can move on with our lives and stop with all this immigration stuff.

There is no other immigration history. She came in 2017 and now has been here for 3 years and 2 months. I think maybe if we used a laywer for the review maybe they would have answered by now. I don’t know.

Thanks for your time.

The C Visa for Ireland is a short stay visa.

Policy for consideration of short stay ‘C’ visas

All applicants for a short stay ‘C’ visa (whether for a single entry or multiple entries) must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the projected stay in Ireland will be temporary and in accordance with the duration and conditions of the permission granted by the immigration authorities on arrival in Ireland. The maximum stay allowed under a short stay ‘C’ visa is 90 days.

From this page:
http://www.inis.gov.ie/en/INIS/Pages/sh ... %20months)

Did she show such strong ties?

As always, during any immigration path, it's essential to tell the same story throughout. Once a story is changed, you lose credibility and this reflect on the outcome of your applications.

Here, she probably provided proof of ties to her home country and independence from Ireland to satisfy them that she is a genuine visitor. Then, once she lands in Ireland, she fills an application to stay and submit proofs that she has no ties to her home country and she is dependent on you.

I read that your health and finance have been affected and I am sorry for that.That's I always recommend the following things:

- Apply from home country. This is to avoid burning the bridges behind and having to go back after years of fights and refusal.

- Always consult a financial adviser (sometimes banks offer that for free) to get an objective assessment of how much a dependent relative would cost you monthly/yearly. Most people are not in position to afford that and this puts their health, finances and even relationship under duress.

Hi,

Sorry if I wasn’t clear. She didn’t come as a visitor. She came on a C Visa under Eu Treaty Rights. She applied from Ghana and ticked the box that it was as a dependent of an Eu Citizen. She passed all yhe documentation showing I provided for her while I was in Ghana. She came here under Eu Treaty Rights, not as a visitor.
She came as a qualifying member of an Eu citezen, not just a permitted member .

And I mean she came under Eu Treaty Rights because all the evidence was there that she was dependant on me for years when she lived in Ghana. Now she is here for more than 3 years, completely dependant on us.

Did she made clear that she was coming to Ireland not to visit but to reside? C visa is a short term visitor visa. Are you sure it was a C visa?

Zerubbabel wrote: ↑

Thu Aug 06, 2020 2:20 pm

Did she made clear that she was coming to Ireland not to visit but to reside? C visa is a short term visitor visa. Are you sure it was a C visa?

Indeed, that is exactly what it says on INIS.

http://www.inis.gov.ie/en/INIS/Pages/sh ... %20months)

Policy for consideration of short stay ‘C’ visas

All applicants for a short stay ‘C’ visa (whether for a single entry or multiple entries) must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the projected stay in Ireland will be temporary and in accordance with the duration and conditions of the permission granted by the immigration authorities on arrival in Ireland. The maximum stay allowed under a short stay ‘C’ visa is 90 days.

The responsibility for demonstrating substantial ties to a country other than Ireland rests with you. The burden of proof in all cases is on you to satisfy the visa officer. The visa officer may verify any evidence submitted in support of your application.

There is no right to a visa nor is there one set of documents or circumstances of application that will guarantee the approval of an application. However, the documents normally required in support of an application are set out in the ‘Guide to Supporting Documentation’ for each type of short stay ‘C’ visa.

Hi,

It was under Eu treaty rights. My husband also came with me to Ireland on a c visa for EU treaty roghts. The quote that you have posted from Inis website has nothing to do with Eu Treaty rights, otherwise no qualifying member can come as a dependant because they are not dependent if they have ties back home and plan to go back. Maybe they have changed it recently I don’t know but that is how it was.

Yes everything was made clear she was coming to stay under Eu treaty rights. Even on the c visa it stated member of an eu citezen and you had 90 days to apply for your EUFAM card. For people that are just coming to visit they also are issued with a c visa. But under eu treaty rights it’s different.

There were no stories or anything to try to convince anyone. Everything was genuine application. She came under RU Treaty rights to stay. So now we just need to know what can we do since it’s been three years.

Zerubbabel wrote: ↑

Thu Aug 06, 2020 2:20 pm

Did she made clear that she was coming to Ireland not to visit but to reside? C visa is a short term visitor visa. Are you sure it was a C visa?

EU Treaty rights visas are issued under Type C. It’s just the way it works. All other Type C visas are for short stay only, except for this one.

Something crazy happened here.

So she applied as a dependent for an EEA national from aboard. She was upfront about her intention to join her family to reside in Ireland indefinitely. She provided all dependency proof at that stage and they were satisfied with it and approved her visa. Then, once in Ireland they changed their mind and declared that they don't accept she is dependent.

Is that summary correct?

Yes, it is crazy.

No, they didn’t change their mind. The Minister refused her EUFAM residence card because apparatus we didn’t provide evidence of dependency in the State. I wrote back in my review that I have read all the law and we provided every proof of dependancy in Ghana otherwise they would not have granted her the visa to come here as an EU citizens qualifying family member dependent.

Then someone on here said the wording means we didn’t provide evidence that she is dependent on us in Ireland. So I resent all my bank statements to show we pay her rent, bills, food, doctors stuff, clothes, everything. She is completely dependent on us here just like she was in Ghana. So there was no reason for them to refuse it, and they didn’t give any more reasons for refusing or ask us for any more documents. They just keep extending it over and over again. She is a qualifying family member and we have provided all the proof.

Now she has been here for 3 years and 2 months.

There really is nothing else too it, no stories, no suspicious stuff, no lack of documents, everything is in order.

I just want to know what happens if they just keep extending it, is there nothing we can do to get the final outcome? Should we contact a lawyer?

type C visa is for dependent parent under EU treaty right in Ireland. it is like family permit of UK.
Is, EU citizen is self-employed in Ireland.

Hello All,

My mother-in-law's review for EU1 dependant was refused, based on not supplying enough proof of giving her money and for the fact I am on PUP since May, which i think is unfair as it's not my fault. She has been here for 4 years now. We pay everything for her and provide all documents showing this, but all they cared about is that we have not given her the amount of money they think we should have directly into her bank account.

So, it has been refused. What is the next step? We go to court? Just want advice on next step please.

Thanks

npayne27 wrote: ↑

Fri Feb 05, 2021 12:20 pm

Hello All,

My mother-in-law's review for EU1 dependant was refused, based on not supplying enough proof of giving her money and for the fact I am on PUP since May, which i think is unfair as it's not my fault. She has been here for 4 years now. We pay everything for her and provide all documents showing this, but all they cared about is that we have not given her the amount of money they think we should have directly into her bank account.

So, it has been refused. What is the next step? We go to court? Just want advice on next step please.

Thanks

Just out of interest, when did you apply for her EU1 and what permission has she been in here for the past 4 years?

One would normally apply for EU1 as soon as a non-eu dependent arrives in the state.

raja.brit wrote: ↑

Fri Feb 05, 2021 12:54 pm

npayne27 wrote: ↑

Fri Feb 05, 2021 12:20 pm

Hello All,

My mother-in-law's review for EU1 dependant was refused, based on not supplying enough proof of giving her money and for the fact I am on PUP since May, which i think is unfair as it's not my fault. She has been here for 4 years now. We pay everything for her and provide all documents showing this, but all they cared about is that we have not given her the amount of money they think we should have directly into her bank account.

So, it has been refused. What is the next step? We go to court? Just want advice on next step please.

Thanks

Just out of interest, when did you apply for her EU1 and what permission has she been in here for the past 4 years?

One would normally apply for EU1 as soon as a non-eu dependent arrives in the state.

Topics merged so you can read the information in the thread yourself rather than the OP posting a repeat of everything.

raja.brit wrote: ↑

Fri Feb 05, 2021 12:54 pm

npayne27 wrote: ↑

Fri Feb 05, 2021 12:20 pm

Hello All,

My mother-in-law's review for EU1 dependant was refused, based on not supplying enough proof of giving her money and for the fact I am on PUP since May, which i think is unfair as it's not my fault. She has been here for 4 years now. We pay everything for her and provide all documents showing this, but all they cared about is that we have not given her the amount of money they think we should have directly into her bank account.

So, it has been refused. What is the next step? We go to court? Just want advice on next step please.

Thanks

Just out of interest, when did you apply for her EU1 and what permission has she been in here for the past 4 years?

One would normally apply for EU1 as soon as a non-eu dependent arrives in the state.

Hi, I did apply straight away in June 2017. She was granted the temporary stamp 4 until decision made. It was refused Jan 2018 and we applied for review, she was given temp stamp 4 again and they just kept extending it every 6 months, and then got refusal for her review couple weeks ago.

CR001 wrote: ↑

Fri Feb 05, 2021 1:30 pm

raja.brit wrote: ↑

Fri Feb 05, 2021 12:54 pm

npayne27 wrote: ↑

Fri Feb 05, 2021 12:20 pm

Hello All,

My mother-in-law's review for EU1 dependant was refused, based on not supplying enough proof of giving her money and for the fact I am on PUP since May, which i think is unfair as it's not my fault. She has been here for 4 years now. We pay everything for her and provide all documents showing this, but all they cared about is that we have not given her the amount of money they think we should have directly into her bank account.

So, it has been refused. What is the next step? We go to court? Just want advice on next step please.

Thanks

Just out of interest, when did you apply for her EU1 and what permission has she been in here for the past 4 years?

One would normally apply for EU1 as soon as a non-eu dependent arrives in the state.

Topics merged so you can read the information in the thread yourself rather than the OP posting a repeat of everything.

Hi, is it possible not to merge it? As it is a different topic now and asking for different advice, and no one replied to my last post when you merged it.

npayne27 wrote: ↑

Fri Feb 05, 2021 3:35 pm

raja.brit wrote: ↑

Fri Feb 05, 2021 12:54 pm

npayne27 wrote: ↑

Fri Feb 05, 2021 12:20 pm

Hello All,

My mother-in-law's review for EU1 dependant was refused, based on not supplying enough proof of giving her money and for the fact I am on PUP since May, which i think is unfair as it's not my fault. She has been here for 4 years now. We pay everything for her and provide all documents showing this, but all they cared about is that we have not given her the amount of money they think we should have directly into her bank account.

So, it has been refused. What is the next step? We go to court? Just want advice on next step please.

Thanks

Just out of interest, when did you apply for her EU1 and what permission has she been in here for the past 4 years?

One would normally apply for EU1 as soon as a non-eu dependent arrives in the state.

Hi, I did apply straight away in June 2017. She was granted the temporary stamp 4 until decision made. It was refused Jan 2018 and we applied for review, she was given temp stamp 4 again and they just kept extending it every 6 months, and then got refusal for her review couple weeks ago.

If you think EU Directives weren't applied properly, you may contact Solvit: http://www.solvitireland.ie/. If I were you, I would seek legal advice from a lawyer as your case is not straight forward anymore.

Good luck!