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Just wondering

Forum to discuss all things Blarney | Ireland immigration

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megmog
Member
Posts: 162
Joined: Wed Sep 06, 2006 12:40 pm

Just wondering

Post by megmog » Fri May 04, 2007 2:18 pm

Hey everyone,

My husband and I (me - british, him - south african) are waiting for our EU1 application to be processed... (well I guess we are all actually just waiting on the never-ending court case) If things dont go our way and the Justice Dept are allowed to continue demanding evidence of residence in another member state (which we dont have) then I guess we will be rejected. I would like to be at least a little prepared for the worst and was just wondering if anyone knew the answer to the following... or even has any ideas...

If we decide to settle in the UK, could we start applying for a spousal visa from Ireland whilst the EU1 application is being processed or do we have to go back to South Africa to apply?

Birdy
Member
Posts: 136
Joined: Thu Mar 22, 2007 9:18 am
Location: In Plymouth Eating Indian Food

Post by Birdy » Fri May 04, 2007 2:21 pm

Hi Meg,

Im in exactly the same boat and as far as i know you can apply whilst it is pending although my guess is it would be wise not to mention Irish immigration. And your other half should be able to work almost straight away.

Birdy
Happy now in the U.K. not so happy about the Rugby

megmog
Member
Posts: 162
Joined: Wed Sep 06, 2006 12:40 pm

Post by megmog » Fri May 04, 2007 4:01 pm

so how do i get around mentioning irish immigration.. surely the form will ask for your address and the first thing the ECO will ask is "what are you doing in Ireland".... well at least thats what i think...

I was thinking that maybe you arent allowed to try and live in two places at one time, if you know what I mean

Birdy
Member
Posts: 136
Joined: Thu Mar 22, 2007 9:18 am
Location: In Plymouth Eating Indian Food

Post by Birdy » Fri May 04, 2007 4:16 pm

Yeah you are probably right. didnt really think that one through sorry. head full of immigration.
Happy now in the U.K. not so happy about the Rugby

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 May 04, 2007 7:12 pm

This has been covered in some of the other threads, but I will repeat it here.

Applying for a British "EEA family permit" is quite straight forward. As long as you are not illegally in Ireland, which it sounds like you are not, and you are (e.g.) married to an EU citizen, you should have absolutely no problem. You do not need to have a specific long-term status in Ireland, such as a Residence Card.

Apply now for a weekend away in the UK. After your weekend, you should send evidence of your few days residence in the UK to the Irish government to indicate you have resided in another EU state.

If you decide to leave Ireland, it is the same application. If you want to be resident in the UK for more than 3 months, you (or more easily your EU spouse) has to intend to look for work or have work already arranged work. But the family permit will be issued just as easily.

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