Non-EU parent EU RC visa application

Well i got my information from the relevant legal provision.

The government is clearly not saying what you are saying. One can accuse them of giving incomplete information but not inaccurate information.

It is correct that British citizens and their family will continue to have rights to live if they are there before 31-12-20.

Those British citizens residing there lawfully before that period will continue to support family relationship founded before exit day, provided they commence residence before exit day.
That is what the withdrawal agreement provides.

I do not read the press release, which is not even law, as contrading the law in any way.

It will help if perhaps you read section 10(1)(E)(ii), of the withdrawal treaty, which is an agreement between the UK and the EU, and binding on Ireland.

https://eur-lex.europa.eu/legal-content ... d1e127-1-1

littlerr wrote: ↑

Wed Sep 23, 2020 11:57 pm

The official response would be no. She needs a Type C Join Family visa for Ireland.

However, I think there is a ruling somewhere that prohibits immigration officers from turning such people away if they do manage to get to the Irish port. That would, however, cast some doubts on your mother’s actual EUTR application when she applied for it. I would not recommend it unless there is no alternative.

Btw just for the purpose of entering Ireland on a UK visa, the visa must have a BIVS remark on it, and you have to make sure that your mother enters UK first. Otherwise the visa will not be accepted at the Irish port.

Incorrect. First of all, immigration officers can and DO turn such people away: if they are visa required and do not have one, they will not gain entry. Second, BIVS is suspended due to Covid, you cannot enter Ireland on ANY UK visa at this time.

Also, the facts here are that it will patently obvious that OP wants to get his mother to the UK, and can't, and since dependent parent cases have high refusal rate anyway, it's not going to get approval. You can appeal, but by then Brexit will be done and you won't win at appeal either.

If this individual is in the state and residing before brexit day, then irrespective of Brexit or not, he and his family will be covered by the existing rules.

Obie wrote: ↑

Thu Sep 24, 2020 10:40 am

If this individual is in the state and residing before brexit day, then irrespective of Brexit or not, he and his family will be covered by the existing rules.

INIS disagrees with you. And since it is them, and not you, that OP will need to apply to.....

I have not seen INIS disagreeing with me. You have not even read the treaty.

If as a lawyer, your best answer is that INIS does not agree with me, without signing any legal provision to back up. Then i really worry for your client.

If the benchmark is INIS agreeing then there will be no successful court cases.

Please read the treaty and then we can discuss.

This is international law. An agreement between UK and EU.

Obie wrote: ↑

Thu Sep 24, 2020 12:15 pm

I have not seen INIS disagreeing with me. You have not even read the treaty.

If as a lawyer, your best answer is that INIS does not agree with me, without signing any legal provision to back up. Then i really worry for your client.

If the benchmark is INIS agreeing then there will be no successful court cases.

Please read the treaty and then we can discuss.

This is international law. An agreement between UK and EU.

And yet, INIS does not agree with you. I don't need to give you a detailed explanation, you're not paying for my time.

I have read the treaty, btw.

You are free to express your views, but just not a misleading one, and not on this forum.

You are free to express them outside the scope of the forum. I have no problem with that.

If you express them here, as a moderator i have a duty to stop it, I will warn you, and if you continue to act contrary to the interest of the forum, we will take further action to end the breach.

I'm not acting contrary to the interests of the forum, I'm providing accurate and useful information. You, on the other hand, are not, moderator or not.

littlerr wrote: ↑

Wed Sep 23, 2020 11:57 pm

The official response would be no. She needs a Type C Join Family visa for Ireland.

However, I think there is a ruling somewhere that prohibits immigration officers from turning such people away if they do manage to get to the Irish port. That would, however, cast some doubts on your mother’s actual EUTR application when she applied for it. I would not recommend it unless there is no alternative.

Btw just for the purpose of entering Ireland on a UK visa, the visa must have a BIVS remark on it, and you have to make sure that your mother enters UK first. Otherwise the visa will not be accepted at the Irish port.

Hi littlerr,

This makes sense to me (Many thanks).
However the Type C visa application form (for my mom) seems to be asking, 'Contact details for Contact/Host in Ireland'.
There is also a note saying, "you must fill out the contact details of your reference in Ireland".
I don't have any contact details in Ireland. Any advice please?

Thanks.

Granista wrote: ↑

Thu Sep 24, 2020 4:10 pm

I'm not acting contrary to the interests of the forum, I'm providing accurate and useful information. You, on the other hand, are not, moderator or not.

You are simply a troll, your views are wrong and incorrect and not backed by any legal provision.
I am growing increasingly concerned and irritated by your desire to confuse and mislead contributor.

I think this forum can do without this.

omi007 wrote: ↑

Thu Sep 24, 2020 4:26 pm

littlerr wrote: ↑

Wed Sep 23, 2020 11:57 pm

The official response would be no. She needs a Type C Join Family visa for Ireland.

However, I think there is a ruling somewhere that prohibits immigration officers from turning such people away if they do manage to get to the Irish port. That would, however, cast some doubts on your mother’s actual EUTR application when she applied for it. I would not recommend it unless there is no alternative.

Btw just for the purpose of entering Ireland on a UK visa, the visa must have a BIVS remark on it, and you have to make sure that your mother enters UK first. Otherwise the visa will not be accepted at the Irish port.

Hi littlerr,

This makes sense to me (Many thanks).
However the Type C visa application form (for my mom) seems to be asking, 'Contact details for Contact/Host in Ireland'.
There is also a note saying, "you must fill out the contact details of your reference in Ireland".
I don't have any contact details in Ireland. Any advice please?

Thanks.

Hi,

When I filled up my visa application, the contact details/host I used is the details of the airbnb where I was supposed to stay, while looking for a suitable accomodation. That sufficed. But before I came here, I already took a tenancy agreement a month for an apartment before we actually arrived here. Make sure that you have a cover letter sent with your application stating you plans, what you plan to do when you move to Ireland, include for example, where you plan to stay.

RizzaS wrote: ↑

Thu Sep 24, 2020 5:07 pm

omi007 wrote: ↑

Thu Sep 24, 2020 4:26 pm

littlerr wrote: ↑

Wed Sep 23, 2020 11:57 pm

The official response would be no. She needs a Type C Join Family visa for Ireland.

However, I think there is a ruling somewhere that prohibits immigration officers from turning such people away if they do manage to get to the Irish port. That would, however, cast some doubts on your mother’s actual EUTR application when she applied for it. I would not recommend it unless there is no alternative.

Btw just for the purpose of entering Ireland on a UK visa, the visa must have a BIVS remark on it, and you have to make sure that your mother enters UK first. Otherwise the visa will not be accepted at the Irish port.

Hi littlerr,

This makes sense to me (Many thanks).
However the Type C visa application form (for my mom) seems to be asking, 'Contact details for Contact/Host in Ireland'.
There is also a note saying, "you must fill out the contact details of your reference in Ireland".
I don't have any contact details in Ireland. Any advice please?

Thanks.

Hi,

When I filled up my visa application, the contact details/host I used is the details of the airbnb where I was supposed to stay, while looking for a suitable accomodation. That sufficed. But before I came here, I already took a tenancy agreement a month for an apartment before we actually arrived here. Make sure that you have a cover letter sent with your application stating you plans, what you plan to do when you move to Ireland, include for example, where you plan to stay.

It is very nice and helpful to know your experience RizzaS. Thanks for sharing it with us.

1. I am still sorting out the financial and health dependency related documents (this is unplanned really).
Once I am happy with the remittances I made earlier, then only I can submit the application, otherwise it may result in failure.

2. I also need to find a job in there, which may boost the application.

3. Regarding bank account, I will try to open a new account from the UK.
Does this visa has minimum bank balance requirement? and can I use my UK bank account to show the balances?

Thanks.

Any member that posts "advice" in how to circumvent the Irish or UK immigration rules will be banned.

An Indian citizen needs a visa to enter Ireland. Many have tried to circumvent this and used alternative routes into Ireland and face refusals for eu1 for a patent who had a visitor visa for the UK, having proved they are independent and financially stable for the UK visitor visa.

omi007 wrote: ↑

Thu Sep 24, 2020 5:52 pm

RizzaS wrote: ↑

Thu Sep 24, 2020 5:07 pm

omi007 wrote: ↑

Thu Sep 24, 2020 4:26 pm

littlerr wrote: ↑

Wed Sep 23, 2020 11:57 pm

The official response would be no. She needs a Type C Join Family visa for Ireland.

However, I think there is a ruling somewhere that prohibits immigration officers from turning such people away if they do manage to get to the Irish port. That would, however, cast some doubts on your mother’s actual EUTR application when she applied for it. I would not recommend it unless there is no alternative.

Btw just for the purpose of entering Ireland on a UK visa, the visa must have a BIVS remark on it, and you have to make sure that your mother enters UK first. Otherwise the visa will not be accepted at the Irish port.

Hi littlerr,

This makes sense to me (Many thanks).
However the Type C visa application form (for my mom) seems to be asking, 'Contact details for Contact/Host in Ireland'.
There is also a note saying, "you must fill out the contact details of your reference in Ireland".
I don't have any contact details in Ireland. Any advice please?

Thanks.

Hi,

When I filled up my visa application, the contact details/host I used is the details of the airbnb where I was supposed to stay, while looking for a suitable accomodation. That sufficed. But before I came here, I already took a tenancy agreement a month for an apartment before we actually arrived here. Make sure that you have a cover letter sent with your application stating you plans, what you plan to do when you move to Ireland, include for example, where you plan to stay.

It is very nice and helpful to know your experience RizzaS. Thanks for sharing it with us.

1. I am still sorting out the financial and health dependency related documents (this is unplanned really).
Once I am happy with the remittances I made earlier, then only I can submit the application, otherwise it may result in failure.

2. I also need to find a job in there, which may boost the application.

3. Regarding bank account, I will try to open a new account from the UK.
Does this visa has minimum bank balance requirement? and can I use my UK bank account to show the balances?

Thanks.

No idea if there is a minimum. As I mentioned before, I am here as a parent of a minor. So my case is different. I only have a bit of money in my account when I applied, but I have a monthly income coming in each month that shows we can live here even without working yet. Just to remind you, when you submit the C Visa application, your mother needs to be in your country. You cannot apply from the UK.

RizzaS wrote: ↑

Thu Sep 24, 2020 8:55 pm

Just to remind you, when you submit the C Visa application, your mother needs to be in your country. You cannot apply from the UK.

Not sure, if I missed this, but I wasn't aware of this. Is it possible for you to send me, the appropriate links to support this?
It's not possible for my mom, to return to India, just for this application.

Thanks.

omi007 wrote: ↑

Thu Sep 24, 2020 9:22 pm

RizzaS wrote: ↑

Thu Sep 24, 2020 8:55 pm

Just to remind you, when you submit the C Visa application, your mother needs to be in your country. You cannot apply from the UK.

Not sure, if I missed this, but I wasn't aware of this. Is it possible for you to send me, the appropriate links to support this?
It's not possible for my mom, to return to India, just for this application.

Thanks.

You can't apply in the UK while here as a visitor.

There are still flights to India from the UK.

omi007 wrote: ↑

Thu Sep 24, 2020 9:22 pm

RizzaS wrote: ↑

Thu Sep 24, 2020 8:55 pm

Just to remind you, when you submit the C Visa application, your mother needs to be in your country. You cannot apply from the UK.

Not sure, if I missed this, but I wasn't aware of this. Is it possible for you to send me, the appropriate links to support this?
It's not possible for my mom, to return to India, just for this application.

Thanks.

There's no link that I know of really, but when you fill up the entire application, you enter the country of residence right? Which is India as her passport is, and when you finsih the apllication, it will instruct her to lodge her application to the embassy/consulate there. No one can apply in a country where you a visitor. You need to be a resident for them to accomodate you. She needs to be present in India to lodge her application personally.

CR001 wrote: ↑

Thu Sep 24, 2020 9:32 pm

omi007 wrote: ↑

Thu Sep 24, 2020 9:22 pm

RizzaS wrote: ↑

Thu Sep 24, 2020 8:55 pm

Just to remind you, when you submit the C Visa application, your mother needs to be in your country. You cannot apply from the UK.

Not sure, if I missed this, but I wasn't aware of this. Is it possible for you to send me, the appropriate links to support this?
It's not possible for my mom, to return to India, just for this application.

Thanks.

You can't apply in the UK while here as a visitor.

There are still flights to India from the UK.

This is a show stopper, and very disappointing really.
My mom is allowed to stay for 5 more months in the UK, and I don't prefer for her to travel back to India before that.
The reason is pretty obvious, in India COVID-19 is spreading very fast than most of the countries (and fastest in the town, where she lives).
Moreover she is vulnerable to the virus.
The whole point of doing this exercise, was to take care of her, and not to put into a risk.

Anyway, Many thanks to all of you for giving your precious time, to provide this information.

Thanks.

She cannot apply from the UK, only from her country of residence.
If she got a 10 year visitor visa for the UK, she must have proven she had enough money, ties to India, support in India, a proper life there. So Ireland will refuse dependency on you as you have already told UK she is not dependent on you.
Sorry.

Thanks.

i recently apply for my moyher RC in ireland. It is very hard to get residence card in Ireland nowaday.
If yo are already have UK visit visa, take belfast route. and apply for residence card in Ireland. but the chance of success nowaday is low.

arz1986 wrote: ↑

Mon Sep 28, 2020 10:19 pm

i recently apply for my moyher RC in ireland. It is very hard to get residence card in Ireland nowaday.
If yo are already have UK visit visa, take belfast route. and apply for residence card in Ireland. but the chance of success nowaday is low.

It's not hard (at all) to get a permission in Ireland. The fact that you try to persuade someone else to do it the illegal and wrong way is why you see the chance of success as low.

Under EU law, direct family member can travel with EU citizen. Please do some research.

arz1986 wrote: ↑

Wed Sep 30, 2020 2:18 am

Under EU law, direct family member can travel with EU citizen. Please do some research.

Oh come on... I don’t know where to start. Your advice is clearly against the regulations and I can see your account is already on thin ice for giving illegal advice.

Seriously, if you don’t know this simple rule, no wonder your application is in jeopardy.

A non-EU family member can travel with an EU citizen if and only if the non-EU person has a Stamp 4EUFAM or equivalent card issued by another member state. Residence permits issued under national immigration laws (e.g. a non-EU family member of a UK citizen who has a residence permit issued by the UK) are NOT entitled to free movement directory.

As I said earlier, border controls may not legally refuse a person’s entry solely based on a lack of a proper visa if they are the family member of an EU national. However, this is simply a way of trying to circumvent the rules and it will certainly result in much larger trouble when the person applies for the residence permission.