Irish Citizen Non EU Visa Required National Husband refused

There are two streams of law. They are very different.

There is local national law, such as irish national law, which would regulate your husband's entry into Ireland if you had met him in Morocco and he had never been to the EU. Each country has free reign to set their local national law any way they want. They can set what ever conditions for entry that they want. For instance, the UK charges several hundred pounds for people applying for a spouse visa under UK law.

There is then EU law. Each country is required to implement the EU law and they do not have the freedom to tweak with the conditions. Eu law applies in certain situations, such as when an EU citizen and their family moves to another EU country, or when they return home from living in another EU country. EU law says that visas should be issued at no cost, so for family members covered by EU law they do not need to pay anything (even when coming to the UK).

In any case, it does not sound like you want to fight this. I think you have a very strong case in italy, but only if you are willing to fight for it.

I would still urge you to do the following:
(1) contact http://ec.europa.eu/citizensrights/ about your situation
(2) contact solvit, as discussed to have them assist you
(3) find a lot immigration rights organization who can help you sort things out.

Directive/2004/38/EC= I have been fighting for this in Italy it is costing us so much money here as my husband cannot work so I'm supporting 2 of us also paying lawyer fees I have already applied for the appeal here but I'm so afraid we will not win and I would like to know my chances should, I have to go back to Ireland and my husband to Morocco???

We cannot afford to wait around here much longer...the wage in Italy is the lowest in Europe!!!!!

I will contact Solvit today! and also the citizensadvice....Thanks for your help ...I do realise that my husband has a good chance in Italy but the immigration system here is terrible!!! They have kept us waiting for 2 years.....

Any word back from Solvit?

Hi,

yes I contacted Solvit and they are unable to help me as a complaint as already been lodged with the Italian courts......I'm going to stick it out a few more months here and try to resolve our problem.....if not i have to mover back to Ireland....I'm very disappointed they can not help us!!!! But we left it to late to contact them!

Ok don't ask me why I never did this before.....but was told today from a very reliable source here in Italy ....that I should go to the Irish embassy armed with marriage certificate and copies of passports!!!!!!! AND DEMAND or try to a spouse D-type visa for my husband!

What would happen then does anyone seriouly think they will give it to us? He has still not got his permit of stay for here they refused even though we are appealing!!!!!!!