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Options for UK people leaving Ireland for Mainland UK

Forum to discuss all things Blarney | Ireland immigration

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Birdy
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Options for UK people leaving Ireland for Mainland UK

Post by Birdy » Thu May 24, 2007 7:01 am

Whilst these are aimed at the UK people leaving for Mainland UK options one and three are EU law and as such could be applied to any EU and Swiss national option three require you to be brave. Also anyone who has been refused i strongly suggest regardless of your plans file a Appeal this way your spouse is belt and braces legally in Ireland.

Option #1 Apply to have the same rights exersised in the uk as we were applying for here and because whilst you are applying the EU1 here you are a lawful resident there should be no problem. Filing at the Dublin UK embassy and the usual six month wait. (in reply to Cartaverdes post Finland would have to accept you as whilst applying you are a lawful resident)

Option #2 Apply for a spousal visa from the UK Embassy here or in your country of origin. Costs alot more and this is an application of UK law as opposed to option 1 and 3 which are applications of EU law. with this option if you are seeking uk citizenship you will become eligible to apply sooner and as it is a application of UK law will be in a stonger position.

Option #3 Fly Swim Drive walk on water to Mainland UK If stopped at the border it is very hard for the Immigration Officer to stop you as a spouse of a UK citizen unless you are from a Stirctly Visa required country if they give you hassle there is an Article in the Surrinder Singh case which they will not be allowed to stop you you will have to be bolshy

Im not a lawyer this is based on information i have gathered over the last few days/week if im wrong let me now and i will ammend.
Last edited by Birdy on Thu May 24, 2007 8:53 am, edited 1 time in total.
Happy now in the U.K. not so happy about the Rugby

John
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Post by John » Thu May 24, 2007 8:28 am

Fly Swim Drive walk on water to the UK
Surely not necessary! Given that Northern Ireland is part of the UK, simply a question of walking, driving, or catching the train to the UK!
John

Birdy
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Post by Birdy » Thu May 24, 2007 8:52 am

True but i was thinking more of the Mainland i will edit my post to reflect this.
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Static
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Post by Static » Thu May 24, 2007 9:44 am

Thanks for that Birdy. I wouldnt' suggest just arriving in the UK without the EEA family permit or D-Spouse visa. Tourist visa's cannot be converted and you cannot obtain a D-Spouse or EEA from within the UK. I hope you're right about being here legally as that would help me not to go back to apply for EEA or spouse visa.

Birdy
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Post by Birdy » Thu May 24, 2007 9:52 am

With the D spouse you cant enter and Get the visa but the Immigration law advise centre said there is nothing to stop you just going in and then going EEA Surrinder Singh unless your passport will not grant you a 90 day stamp.
Happy now in the U.K. not so happy about the Rugby

Static
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Post by Static » Thu May 24, 2007 10:40 am

Birdy wrote:With the D spouse you cant enter and Get the visa but the Immigration law advise centre said there is nothing to stop you just going in and then going EEA Surrinder Singh unless your passport will not grant you a 90 day stamp.
I don't understand Birdy.. going EEA?

Birdy
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Post by Birdy » Thu May 24, 2007 10:43 am

Down the EEA family permit route. Some passports wont be granted entry automatically and some will if yours will the route i was talking about is open to you if a little didgy and in requirement of a huge pair of Cojones
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brownbonno
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Post by brownbonno » Thu May 24, 2007 10:55 am

Static wrote:Thanks for that Birdy. I wouldnt' suggest just arriving in the UK without the EEA family permit or D-Spouse visa. Tourist visa's cannot be converted and you cannot obtain a D-Spouse or EEA from within the UK. I hope you're right about being here legally as that would help me not to go back to apply for EEA or spouse visa.
2004/38/EC
article 5(4) specifies that " Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence."
Article 6 conveys the right of residence of EU nationals on the territory of another EU member state for up to three months without any conditions or formalities other than the requirement to hold a valid identiy card or passport. These provisions also apply to non-EU family members in possession of a valid passport and accompanying or joining the EU citizen.
Knowledge is Power

Birdy
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Post by Birdy » Thu May 24, 2007 10:57 am

Yay for Brown Bonno ive been trawling for that thank you.
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JAJ
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Post by JAJ » Thu May 24, 2007 4:49 pm

Birdy wrote:True but i was thinking more of the Mainland
What's the difference? Northern Ireland is as much a part of the United Kingdom as the "Mainland" or for that matter, islands like the Hebrides or the Isle of Wight.

JAJ
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Post by JAJ » Thu May 24, 2007 4:49 pm

Static wrote:Thanks for that Birdy. I wouldnt' suggest just arriving in the UK without the EEA family permit or D-Spouse visa. Tourist visa's cannot be converted and you cannot obtain a D-Spouse or EEA from within the UK.
No such thing as a "D-Spouse" visa in the UK. That's a type of Irish visa, as far as I know.

Birdy
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Post by Birdy » Fri May 25, 2007 6:56 am

JAJ wrote:
Birdy wrote:True but i was thinking more of the Mainland
What's the difference? Northern Ireland is as much a part of the United Kingdom as the "Mainland" or for that matter, islands like the Hebrides or the Isle of Wight.
no difference at all it was just in reference to The comment about swimming
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 25, 2007 8:20 am

Birdy wrote:With the D spouse you cant enter and Get the visa but the Immigration law advise centre said there is nothing to stop you just going in and then going EEA Surrinder Singh unless your passport will not grant you a 90 day stamp.
Do you know of somebody who has an Irish D spouse visa, and has been turned down when applying for a UK EEA family permit?

Birdy
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Post by Birdy » Fri May 25, 2007 9:07 am

No this is just info from the Law centre NI it is doubtful they could refuse you based on holding a spouse visa for ireland but im not sure.
Happy now in the U.K. not so happy about the Rugby

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 25, 2007 9:59 am

The UK Diplomatic Service Procedures are very clear. As long as the person is not illegally in the country, they are happy to issue the EEA Family Permit. They explicitly mention that they are happy if the person is on a visitors visa or a student visa.

And any of the people who have applied for EU1 are legally in Ireland (at least for the time being).

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