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Non-EU parent EU RC visa application

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Obie
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Re: Non-EU parent EU RC visa application

Post by Obie » Thu Sep 24, 2020 11:15 am

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.
Smooth seas do not make skilful sailors

Granista
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Re: Non-EU parent EU RC visa application

Post by Granista » Thu Sep 24, 2020 11:17 am

Obie wrote:
Thu Sep 24, 2020 11:15 am
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.

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Re: Non-EU parent EU RC visa application

Post by Obie » Thu Sep 24, 2020 11:21 am

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.
Smooth seas do not make skilful sailors

Granista
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Re: Non-EU parent EU RC visa application

Post by Granista » Thu Sep 24, 2020 3:10 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.

omi007
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Re: Non-EU parent EU RC visa application

Post by omi007 » Thu Sep 24, 2020 3:26 pm

littlerr wrote:
Wed Sep 23, 2020 10:57 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.

Obie
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Re: Non-EU parent EU RC visa application

Post by Obie » Thu Sep 24, 2020 3:31 pm

Granista wrote:
Thu Sep 24, 2020 3:10 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.
Smooth seas do not make skilful sailors

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Re: Non-EU parent EU RC visa application

Post by RizzaS » Thu Sep 24, 2020 4:07 pm

omi007 wrote:
Thu Sep 24, 2020 3:26 pm
littlerr wrote:
Wed Sep 23, 2020 10:57 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.

omi007
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Re: Non-EU parent EU RC visa application

Post by omi007 » Thu Sep 24, 2020 4:52 pm

RizzaS wrote:
Thu Sep 24, 2020 4:07 pm
omi007 wrote:
Thu Sep 24, 2020 3:26 pm
littlerr wrote:
Wed Sep 23, 2020 10:57 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.

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Re: Non-EU parent EU RC visa application

Post by CR001 » Thu Sep 24, 2020 6:13 pm

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.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

RizzaS
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Re: Non-EU parent EU RC visa application

Post by RizzaS » Thu Sep 24, 2020 7:55 pm

omi007 wrote:
Thu Sep 24, 2020 4:52 pm
RizzaS wrote:
Thu Sep 24, 2020 4:07 pm
omi007 wrote:
Thu Sep 24, 2020 3:26 pm
littlerr wrote:
Wed Sep 23, 2020 10:57 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.

omi007
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Re: Non-EU parent EU RC visa application

Post by omi007 » Thu Sep 24, 2020 8:22 pm

RizzaS wrote:
Thu Sep 24, 2020 7:55 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.

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CR001
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Re: Non-EU parent EU RC visa application

Post by CR001 » Thu Sep 24, 2020 8:32 pm

omi007 wrote:
Thu Sep 24, 2020 8:22 pm
RizzaS wrote:
Thu Sep 24, 2020 7:55 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.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

RizzaS
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Re: Non-EU parent EU RC visa application

Post by RizzaS » Thu Sep 24, 2020 9:19 pm

omi007 wrote:
Thu Sep 24, 2020 8:22 pm
RizzaS wrote:
Thu Sep 24, 2020 7:55 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.

omi007
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Re: Non-EU parent EU RC visa application

Post by omi007 » Fri Sep 25, 2020 7:57 am

CR001 wrote:
Thu Sep 24, 2020 8:32 pm
omi007 wrote:
Thu Sep 24, 2020 8:22 pm
RizzaS wrote:
Thu Sep 24, 2020 7:55 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.

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Re: Non-EU parent EU RC visa application

Post by UK245 » Fri Sep 25, 2020 9:23 am

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.

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Re: Non-EU parent EU RC visa application

Post by omi007 » Mon Sep 28, 2020 7:29 am

Thanks.

arz1986
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Re: Non-EU parent EU RC visa application

Post by arz1986 » Mon Sep 28, 2020 9:19 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.

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Re: Non-EU parent EU RC visa application

Post by littlerr » Mon Sep 28, 2020 9:56 pm

arz1986 wrote:
Mon Sep 28, 2020 9:19 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.

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Re: Non-EU parent EU RC visa application

Post by arz1986 » Wed Sep 30, 2020 1:18 am

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

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Re: Non-EU parent EU RC visa application

Post by littlerr » Wed Sep 30, 2020 9:05 am

arz1986 wrote:
Wed Sep 30, 2020 1:18 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.

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Re: Non-EU parent EU RC visa application

Post by Obie » Thu Oct 01, 2020 6:00 am

Somethings may seem wrong in the eyes of an individual or may seem like queue jumping but clearly not illegal.

EU law in case of MRAX, makes clear there is no preentry visa system, and a person accompanying or Joining an EU family can seek a visa at the border.

If the person enters the state on their own, it is illegal, but if in the company of an EEA person, it is not illegal under EU or Irish law, as the law specifically provides for this possibility.
If a border official or immigration officer refuses residence based on this, it is that official that is acting wrongly and a rogue figure, as the individual has done nothing wrong.

In fact Irish court has issued damages in a case where a moldovian family member of an EEA national, accompanying her husband was detained for not applying for pre entry visa.

So, do not falsely accuse people of illegality. You may hold a moral view of a particular practice,but this does not mean it is illegal.

I may hold a personal view of promiscuity and premarital sexual relations, but it does not mean I consider people doing it to be criminals.
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Re: Non-EU parent EU RC visa application

Post by UK245 » Thu Oct 01, 2020 12:48 pm

arz1986 wrote:
Wed Sep 30, 2020 1:18 am
Under EU law, direct family member can travel with EU citizen. Please do some research.
Yes, IF they have an EUTR visa, or an Article 10 card. Otherwise, not.

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Re: Non-EU parent EU RC visa application

Post by arz1986 » Mon Oct 05, 2020 1:25 am

@Obie, is right. Her mother can travel with EU citizen without EUTR visa in europe. Only need birth certificates and proof of dependency, if stop by imigration control.
U can apply for EUTR visa for Ireland but waiting time is more than year. december 2020 is the deadline for residence card application.

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Re: Non-EU parent EU RC visa application

Post by arz1986 » Mon Oct 05, 2020 1:32 am

UK245 wrote:
Thu Oct 01, 2020 12:48 pm
arz1986 wrote:
Wed Sep 30, 2020 1:18 am
Under EU law, direct family member can travel with EU citizen. Please do some research.
Yes, IF they have an EUTR visa, or an Article 10 card. Otherwise, not.
Yes u can, you hv a apply for EU1 form within three months. please discuss with any lawyer. Your mother is direct family member.

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Re: Non-EU parent EU RC visa application

Post by UK245 » Mon Oct 05, 2020 10:42 am

You are entirely wrong.
A mother needs to prove dependency on the EU citizen in order to qualify as a beneficiary, that can't be done at the border. That is what the visa application is for. A spouse MIGHT be able to get through immigration with paperwork, a mother cannot do so.
You need a visa or an article 10 card, end of story.

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