ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

is there a right to remain for an illegal migrant?

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

Locked
millou
Newly Registered
Posts: 3
Joined: Thu Apr 26, 2007 10:45 pm

is there a right to remain for an illegal migrant?

Post by millou » Thu Apr 26, 2007 11:26 pm

Hi all Dears,

I am from a "visa-required" country, and am married to a british in the uk,
am livin illegaly in ireland though ,i read throught forums and i dont think
someone has presented this situation as far as it goes back on the topics list,

so here i am with my questions hoping for an answer ,

have i right to stay in ireland? &
can i apply at the immigration bureau in dublin ? and if so ,for which and how?

yours respectively;

millou

millou
Newly Registered
Posts: 3
Joined: Thu Apr 26, 2007 10:45 pm

Post by millou » Fri Apr 27, 2007 1:54 pm

just want to add that

my wife and i are both livin in ireland,
does she have to be in an employment either here or has worked in uk
for us to apply in immgration bureau in dublin?

thanks

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Apr 27, 2007 4:51 pm

A couple of questions:
Are you living with your wife presently?
Is your wife working or is she a student?
Did you live in the Uk with your wife?
What was your legal status in the UK?

millou
Newly Registered
Posts: 3
Joined: Thu Apr 26, 2007 10:45 pm

Post by millou » Fri Apr 27, 2007 11:43 pm

Directive/2004/38/EC

thanks for havin a look at this

we're livin in ireland now in a rented property and wishin to settle ,and my wife is lookin for a job
like i said i want to know my rights as bein the spouse of EU national in ireland and how to apply for a residence permit,

we had lived a year together in uk prior to marriage where my wife studied
and worked , "my status then in uk was an overstayer of a visitor's visa"
now does she have to get a job in ireland in order for us to apply at immigration bureau or

can we simply apply at the british embassy in dublin to be allowed back in uk,in this case i would like to know how?

you guys members on this website are Awsome!

Plaasjapie
Member
Posts: 124
Joined: Thu Oct 12, 2006 8:53 pm

Post by Plaasjapie » Tue May 01, 2007 10:15 am

0000
Last edited by Plaasjapie on Sun Jul 15, 2007 2:28 pm, edited 1 time in total.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue May 01, 2007 10:47 am

Plaasjapie wrote:Go to the UK embassy in ANY country.
Apply for a EU family permit to travel to the UK.
Go to the UK.

Now you are legal.
Apply for residence card in UK
How about...

(1) Go to the UK embassy.
(2) Apply for a EU family permit to travel to the UK.
(3) Go to mainland UK. Make sure the non-EU gets passport stamped on the way in to UK (this will be hard to do if you go to Northern Ireland). Make sure you travel with your marriage certificate.
(4) You are now legally resident in a member state. Celebrate!
(5) Do things in the UK which record your presence. Stay in a hotel and keep the receipts (get a Spammy Spammer! – I believe this may be exercising a treaty right related to access to services). Both EU and non-EU can work if desired with no additional applications (this is exercising a treaty right).
(6) Do not bother applying for a Residence Card in the UK as it is not required. Go to a film instead.
(7) Go back to Ireland. (I personally would not bother getting a new spouse visa to enter Ireland since they are required to issue it at the border if you do not have the correct visa. Remember to carry your marriage certificate!)
( 8 ) Apply again for your EU1 and force them to process the whole application again! Be sure to ask for the passports to be returned immediately.

Plaasjapie
Member
Posts: 124
Joined: Thu Oct 12, 2006 8:53 pm

Post by Plaasjapie » Tue May 01, 2007 11:12 am

0000
Last edited by Plaasjapie on Sun Jul 15, 2007 2:28 pm, edited 1 time in total.

microlab
Member
Posts: 203
Joined: Thu Apr 12, 2007 1:43 pm

Post by microlab » Tue May 01, 2007 11:40 am

Millou wrote
am livin illegaly in ireland though
:?
How do my family members apply for a family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying from within the EEA, they will need to show that they are living legally in an EEA member state.

They can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell them about the ways in which they can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online plesse visit www.visa4uk.fco.gov.uk
Directive, I am rather puzzled with your advice.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue May 01, 2007 11:53 am

What specifically are you puzzled by? I am happy to explain in more detail or write more clearly.

The general idea is...
The Irish government, in it's wisdom, wants to require prior residence in an EU member state. This is a way of having been legally resident in the UK for a weekend (or even overnight). That will then satisfy their requirement.

It should also work for Irish citizens who wish to bring their spouses to Ireland.
Last edited by Directive/2004/38/EC on Tue May 01, 2007 11:56 am, edited 1 time in total.

microlab
Member
Posts: 203
Joined: Thu Apr 12, 2007 1:43 pm

Post by microlab » Tue May 01, 2007 11:56 am

He is illegal in Ireland.
It states that only persons with legall status can apply for Family Permit

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

Post by brownbonno » Tue May 01, 2007 12:00 pm

Directive/2004/38/EC wrote:What specifically are you puzzled by?

The Irish government, in it's wisdom, wants to require prior residence in an EU member state. This is a way of having been legally resident in the UK for a weekend (or even overnight).
Thanks Directive for your inputs.
The Irish DoJ isin breach of the comunity directives.
Community law does not impose a prior condition of residence in a Member State for family members to benefit from its provisions.
The judgement of the Court of 9 January 2007 in case C-1/05 Jia confirmed that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Union citizen who has exercised his right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State.
Knowledge is Power

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue May 01, 2007 12:02 pm

microlab wrote:He is illegal in Ireland.
It states that only persons with legal status can apply for Family Permit
I stand corrected.

Plaasjapie
Member
Posts: 124
Joined: Thu Oct 12, 2006 8:53 pm

Post by Plaasjapie » Tue May 01, 2007 12:33 pm

0000

Locked
cron