First refusal of EU treaty application for my Indian wife

Is there anyone can give some advice on my situation please , I am a British citizen married
India wife non eu .i am planning to settle in ireland and accompanying my wife when arriving ireland.i want to apply Irish visa on the basis direct family member of EU citizen .i need some cover letter sample and some immigration advice , how to bring my non eu wife to travel with me ? What will the steps any body familiar with my situation can give me some suggestions and advice on this matter pls super quick..I am very stressed

Elavarasan wrote: ↑

Tue Feb 12, 2019 12:52 pm

Is there anyone can give some advice on my situation please , I am a British citizen married
India wife non eu .i am planning to settle in ireland and accompanying my wife when arriving ireland.i want to apply Irish visa on the basis direct family member of EU citizen .i need some cover letter sample and some immigration advice , how to bring my non eu wife to travel with me ? What will the steps any body familiar with my situation can give me some suggestions and advice on this matter pls super quick..I am very stressed

All the information needed is in the following link: http://inis.gov.ie/en/INIS/Pages/EU+Treaty+Rights

I don't want to sound pessimistic but with Brexit just over a month away I don't know if there is point in applying for EU Treaty Rights in Ireland. Technically you won't be a EU citizen from Friday, 29 March 2019.

Applications from South East Asia are taking over 1 year to be processed and in some cases close to 2 years.

I think it won't be a issue , if I made my application before the brexit and I hope there was common member special deal between Ireland and Uk ,even after the Brexit both Irish and British citizen can move freely between those countries.
I need sample accompanying spouse cover letter for European Union treaty rights for the single short stay c type visa for my non eu wife .does any can help with that pls .

Elavarasan wrote: ↑

Wed Feb 13, 2019 3:48 am

I think it won't be a issue , if I made my application before the brexit and I hope there was common member special deal between Ireland and Uk ,even after the Brexit both Irish and British citizen can move freely between those countries.
I need sample accompanying spouse cover letter for European Union treaty rights for the single short stay c type visa for my non eu wife .does any can help with that pls .

EU Treaty Rights has nothing to do with the UK-Ireland special relationship, it's EU law concerning EU citizens and their family members.

Since you won't be a won't be a EU citizen from Friday, 29 March 2019 I think it will matter.

Elavarasan wrote: ↑

Wed Feb 13, 2019 3:48 am

I think it won't be a issue , if I made my application before the brexit and I hope there was common member special deal between Ireland and Uk ,even after the Brexit both Irish and British citizen can move freely between those countries.
I need sample accompanying spouse cover letter for European Union treaty rights for the single short stay c type visa for my non eu wife .does any can help with that pls .

One of the members here posted this sample in the past...all 'am doing is copy and paste for your convenience.


To whom it may concern:

Application Transaction Number: {your application number}

Application for visit visa: {wife’s name};{wife’s DOB}; Passport number: {wife’s passport number}

My name is {wife’s name}. I am applying for a visa to visit The Republic Of Ireland and the visa should be issued on the basis of Directive 2004/38/EC. I will be travelling to Ireland with my husband from {your location{, to visit friends in Dublin and Ballina. My husband is also taking me for my birthday to visit the beautiful country.

From Directive 2004/38/EC, I quote from Article 5.1 and 5.2 (Right of Entry),

1) Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.

No entry visa or equivalent formality may be imposed on Union citizens.

2) Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.

Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

I am a direct family member of my husband, {your name}. {your name} is a citizen of the United Kingdom and his passport number is {your passport number}.

Enclosed is a copy of my husbands’ passport, who is currently on holiday in {your location , if you’re there} with me. Also enclosed is a copy of his current Visa to {location} which is proof that he is still in the country and intends to travel with me to Ireland, once I have been issued the said visa. I have also enclosed our original marriage certificate which took place on the {date of wedding} in {location}. We were married in UK so if you were not married in UK you will need to get a notarized copy to say it is genuine}.

Thank you for your time and I look forward to receiving my visa.

Yours faithfully,

max307 wrote: ↑

Wed Feb 13, 2019 7:09 pm

Elavarasan wrote: ↑

Wed Feb 13, 2019 3:48 am

I think it won't be a issue , if I made my application before the brexit and I hope there was common member special deal between Ireland and Uk ,even after the Brexit both Irish and British citizen can move freely between those countries.
I need sample accompanying spouse cover letter for European Union treaty rights for the single short stay c type visa for my non eu wife .does any can help with that pls .

EU Treaty Rights has nothing to do with the UK-Ireland special relationship, it's EU law concerning EU citizens and their family members.

Since you won't be a won't be a EU citizen from Friday, 29 March 2019 I think it will matter.

Unless UK leave EU with No-Deal on March 29th (which as for now is almost impossible), EU treaties will continue to apply as current until 2021 because there will be 2 years transition period where everything will remain the same.

Thank you so much Sembe for your kind help.i need another favour do I need to produce any statements of Declaration,if yes , can you post the sample one for me pls .

sembe wrote: ↑

Mon Feb 18, 2019 4:17 pm

max307 wrote: ↑

Wed Feb 13, 2019 7:09 pm

Elavarasan wrote: ↑

Wed Feb 13, 2019 3:48 am

I think it won't be a issue , if I made my application before the brexit and I hope there was common member special deal between Ireland and Uk ,even after the Brexit both Irish and British citizen can move freely between those countries.
I need sample accompanying spouse cover letter for European Union treaty rights for the single short stay c type visa for my non eu wife .does any can help with that pls .

EU Treaty Rights has nothing to do with the UK-Ireland special relationship, it's EU law concerning EU citizens and their family members.

Since you won't be a won't be a EU citizen from Friday, 29 March 2019 I think it will matter.

Unless UK leave EU with No-Deal on March 29th (which as for now is almost impossible), EU treaties will continue to apply as current until December 2020: https://www.gov.uk/guidance/advice-for- ... -in-the-eu because there will be 2 years transition period where everything will remain the same.

https://www.gov.uk/guidance/advice-for- ... -in-the-eu

Elavarasan wrote: ↑

Tue Feb 19, 2019 11:03 am

Thank you so much Sembe for your kind help.i need another favour do I need to produce any statements of Declaration,if yes , can you post the sample one for me pls .

Apart from letter and other ID's no other Declaration as far all the posts I have seen here. As a sample one of the members here submitted these ('am copying and pasting):

Documents submitted:
Wife's Passport (NON-EU)
My passport (UK)
UK wedding cert
Signed application
Copy of current visa to Azerbaijan, signed and dated (although this was in passport too, I wanted to highlight it to their attention.
Copy of signed UK driving licence, signed and dated (just thought I would send this to show proof of address in UK, although this is not needed)

Thank u Sembe ..really great

Hi all , I am very sad that I applied the
EU treaty Directives 2004/38/EC application to Ireland for my Indian
Wife got refused . I submitted my Original Marriage certificate and my British passport photocopy signed and my wife Indian passport.
The refusal reasons are ,
1, Original marriage certificates was not attested by the ministry of foreign affairs in India
2, durability of proof of relationship between me and my wife for eg . Joint bank statement ,evidence of travel , ongoing communication and insurance or jointly owned assets

I have clearly stated that i am planning to exercise my treaty and accompanying my Indian travelling together.
But the visa officer asked me to produce the Evidence of job offer letter and financial resources, these are not part of the requirement for the EU treaty Directives 2004 /38/EC.
The visa officer refused on the basis of article 3(1) of the Direction 2004 /38/EC was not satisfied as spouse of EU citizen

And I also I made mistake of not mentioned my previous visa refusal to uk in ireland visa application in C type visa .

Please any give suggestion for me , what to do and how to challenge them asap pls

Elavarasan wrote: ↑

Mon Apr 01, 2019 5:53 pm

Hi all , I am very sad that I applied the
EU treaty Directives 2004/38/EC application to Ireland for my Indian
Wife got refused . I submitted my Original Marriage certificate and my British passport photocopy signed and my wife Indian passport.
The refusal reasons are ,
1, Original marriage certificates was not attested by the ministry of foreign affairs in India
2, durability of proof of relationship between me and my wife for eg . Joint bank statement ,evidence of travel , ongoing communication and insurance or jointly owned assets

I have clearly stated that i am planning to exercise my treaty and accompanying my Indian travelling together.
But the visa officer asked me to produce the Evidence of job offer letter and financial resources, these are not part of the requirement for the EU treaty Directives 2004 /38/EC.
The visa officer refused on the basis of article 3(1) of the Direction 2004 /38/EC was not satisfied as spouse of EU citizen

These are guinuine reasons as far as reading from other people experience on this page; marriage cerfiticate needs to be approved by foreign affairs. As for the second reason, I guess you need to dig up any additional proof you can find and submit with the appeal or fresh application.

And I also I made mistake of not mentioned my previous visa refusal to uk in ireland visa application in C type visa .

If this was not mentioned on the refusal letter, I would not worry about it. That said it puts a dent on the character of the applicant/ I will mention it next time if was in your shoes.

I hope that help.

Elavarasan wrote: ↑

Tue Feb 12, 2019 12:52 pm

Is there anyone can give some advice on my situation please , I am a British citizen married
India wife non eu .i am planning to settle in ireland and accompanying my wife when arriving ireland.i want to apply Irish visa on the basis direct family member of EU citizen .i need some cover letter sample and some immigration advice , how to bring my non eu wife to travel with me ? What will the steps any body familiar with my situation can give me some suggestions and advice on this matter pls super quick..I am very stressed

Hi man,

Do you have any updates?

Well I got the same reasons for refusal around the same time span. But in difference to your Marriage Cert we married in the EU Member State of Austria and yeah ... still got refused. This time I literally put everything in there and lets see.