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EEA Family Permit For Irelnd After UK Visa Refused. URGENT

Forum to discuss all things Blarney | Ireland immigration

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naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

EEA Family Permit For Irelnd After UK Visa Refused. URGENT

Post by naumanmumtaz » Mon Mar 17, 2014 11:08 am

Hi all,
I would be grateful if you guys can help me a bit in this matter.

SITUATION:
I am currently living in UK and applied for my wife's and son's UK visa from Pakistan in May 2013 and in December 2013 wife was granted visa but stepson aged 6 was refused on basis that she did not provide court custody papers to show that she had sole responsibility of child. We have appealed and currently looking at Feb/March 2015 before visa being issued to stepson. Wife travelled to UK for couple of weeks and went back. Now rather than waiting one year I have decided to move to Ireland to use my EU Treaty Rights and apply for their permit.
Under The Directive 2004/38/EC it should be straight forward. But I came across a forum where someone got EEA Permit refused from Irish embassy saying that spouse might have intention to move to UK.

http://www.expatforum.com/expats/britai ... eland.html
Does anyone have experience in this matter on any advice what to do or write in application to avoid any rejection.

I am planning on applying on 21/03/2014 so any urgent advice is greatly appreciated.

We prepared papers.
My passport copy
sponsor letter from me declaring we moving to ireland
marriage certificate
birth certificate
court custody papers for child
hotel booking in ireland for initial stay till we find apartment
airline reservation for three of us to fly together from pakistan
money receipt to show family depend on me

If you kindly guide me on procedure and advice weather UK visa refusal will affect our further application for Ireland.
Thank You

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 8:48 pm

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by dalebutt » Mon Mar 17, 2014 4:00 pm

What an absolute tosh, I read the comment of the moderator on that website and it is absolute rubbish, Irish visa that is refused on that basis is simply wrong, I was in the position, I was denied a UK visa twice and then apply to Ireland as my spouse is British, of course they refused at first with some silly reasons, i kept at them and I was issued my visa, I was actually a pain in their asses as I made them understand perfectly well that whatever they do, no matter how long they delayed they will end up issuing me the visa. The Irish are not permitted to refuse an EU visa application on the belief that they might be trying to take advantage on the CTA, EU law supersedes the CTA rules.

The documents are good enough to process the visa, but I will personally not add money transfer receipts to show that the family are dependent on you, you do not need to show dependency for this type of application.

naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Mon Mar 17, 2014 4:03 pm

Hi
Thanks for your reply and advice. I mentioned in application that we are not required to give hotel reservation or money receipt but adding it on our own will.
Any other advice would be greatly appreciated.
Thank You

Brigid from Ireland
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Location: Ireland
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Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by Brigid from Ireland » Tue Mar 18, 2014 11:30 pm

Your wife is entitled to a visa, that should be no problem. UK refusal will not affect application for wife.

Is it possible for you to legally adopt the child and to have adoption papers issued by the court in Pakistan? That would solve the issue regarding the child on a long term basis. In this event, I think that the adopted child would gain your citizenship, so multiple benefits. But the child would also lose inheritance rights from birth family, so it is a big decision.
BL

naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Tue Mar 18, 2014 11:35 pm

Thanks Brigid, Adoption in Pakistan is not an easy task and also for adoption to be recognised in UK it needs to be approved by some gov body here and process is very length and costly around 12-15K. But my wife has already got child SOLE CUSTODY through court in Pakistan which should be fine RIGHT??
Lets hope that Irish Embassy does not make fuss about it. ;)
Thank You and any further advice from anyone will be appreciated.

jinkazama_11
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Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by jinkazama_11 » Wed Mar 19, 2014 6:33 pm

i hope u r aware of new SS rules implemented by UKBA . you wont be able to move back to UK staright away. her UK refusal wont have any effect on her Irish visa application but Irish and UK immigration do share information. make sure you dont hide any facts.

naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Wed Mar 19, 2014 7:09 pm

Hi thanks for info. I am already declaring everything to them. What is new SS rules? Any link you can send about that info? Please.
Thank you

jinkazama_11
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Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by jinkazama_11 » Wed Mar 19, 2014 10:31 pm

naumanmumtaz wrote:Hi thanks for info. I am already declaring everything to them. What is new SS rules? Any link you can send about that info? Please.
Thank you
http://www.immigrationboards.com/eea-ro ... 52660.html

naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Wed Mar 19, 2014 11:05 pm

Hi Jinkazama,
thank you for providing link. A few question if you can answer.
Have those rules have already come into affect?
How long would i have to live another eu country before returning back here?
I think those rules which UK have proposed or already adopted can't override EU law or have they been approved by EU law to legally amend Surinder Singh Rule?
I hope I am not pain in bum.. :(
Thanks

jinkazama_11
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Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by jinkazama_11 » Wed Mar 19, 2014 11:47 pm

Have those rules have already come into affect? yes from 01/01/2014
How long would i have to live another eu country before returning back here? No one knows. have a look at these
https://www.whatdotheyknow.com/request/ ... 0Singh.pdf

https://www.whatdotheyknow.com/request/ ... d.pdf.html

I think those rules which UK have proposed or already adopted can't override EU law or have they been approved by EU law to legally amend Surinder Singh Rule? This is the amendment to UK regulation 9 which gives effect to SS. I think they can use these new rules because of this new judgement.
Case C‑456/12 (Case O & B):
http://eur-lex.europa.eu/LexUriServ/Lex ... 56:EN:HTML

naumanmumtaz
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Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Wed Mar 19, 2014 11:58 pm

Jikazama you are a STAR. I thank you very much for all your help and information. It really helping me a lot and information is very useful. I will keep all those things in mind. Meanwhile if you do fine more information please do post it here so people like me can benefit and praise you.
Thank you

naumanmumtaz
Member
Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Sat Mar 22, 2014 12:54 am

Another question guys, if my wife have entry clearance for ireland as EU Family dependant. Can she travel to Germany with me.
What I meant to ask is that if she get EU family visa Pakistan to enter Ireland. Can we travel to Germany from pakistan or does she have to travel to ireland and then apply residence permit in Ireland?
Thanks

chaoclive
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Ireland

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by chaoclive » Sat Mar 22, 2014 4:36 am

She will need to get the residence permit from Ireland as the spouse of an EEA citizen. The visa that she will get from the Irish Embassy in Pakistan will not enable her to enter Germany.

naumanmumtaz
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Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Sat Mar 22, 2014 3:24 pm

Thanks for reply but under EEA rules can't she travel to Germany and ask for entry as a fanily member of EU citizen?

chaoclive
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Ireland

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by chaoclive » Sat Mar 22, 2014 5:14 pm

Yes. If she can get on a flight to Germany without any form of visa.

naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Re: EEA Family Permit For Irelnd After UK Visa Refused. URGE

Post by naumanmumtaz » Sat Mar 22, 2014 6:09 pm

Yeah that's what I was thinking.
We are planning to fly from Dubai to Dublin on Lufthansa and stopover in Frankfurt. At which point we can just go out of immigration rather than connecting to Dublin.
Will that be good idea? Coz I don't wanna apply for her schengen visa and wait another 2-3 weeks.
So is that a good idea to curtail flight jm Germany rather than go to Dublin?
Thank you

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