ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Directive 2004/38/EC on the rights of citizens of the Union and their family members

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

Locked
fahadhussain
Newly Registered
Posts: 2
Joined: Fri Apr 12, 2019 2:29 pm

Directive 2004/38/EC on the rights of citizens of the Union and their family members

Post by fahadhussain » Sun Apr 14, 2019 2:34 pm

I am British citizen, living in Ireland since December 2018. My parents live in United State. They have US Green Card. They hold Pakistani passport but permanently living in United States. Now I want them to come and live with me here in Dublin under the free movement directive.

I was advised by Embassy of Ireland over the email, I have to apply for short term visit visa to exercise "The free movement directive" (Article 10 of Directive 2004/38/EC) for my parents in America and once they are in IRELAND then they can apply for Residence card of a family member of a Union citizen and continue living with me permanently.

I applied for their visit visa last week. I received email from Embassy of Ireland in Washington stating that “This category of visa will have to be forwarded to Dublin for decision as they do not have delegated sanction in DC (USA) to do so”.

Initially I was told that it will take them three weeks to issue visitor visa to my parents in Ireland but now Embassy of Ireland is telling me that It can take up to 6 months if I want to apply under the directive or otherwise, they can issue visit visa in 3 weeks.

Now they are in possession of my parents passport. They can’t wait for 6 months. They have other travel arrangements as well.

Can we go for visit visa now and apply for Residence card of a family member of a Union citizen within three months of arriving in Ireland?

Myself_andI
Member
Posts: 141
Joined: Sat Feb 16, 2019 12:01 am
Greece

Re: Directive 2004/38/EC on the rights of citizens of the Union and their family members

Post by Myself_andI » Mon Apr 15, 2019 7:58 am

fahadhussain wrote:
Sun Apr 14, 2019 2:34 pm
I am British citizen, living in Ireland since December 2018. My parents live in United State. They have US Green Card. They hold Pakistani passport but permanently living in United States. Now I want them to come and live with me here in Dublin under the free movement directive.

I was advised by Embassy of Ireland over the email, I have to apply for short term visit visa to exercise "The free movement directive" (Article 10 of Directive 2004/38/EC) for my parents in America and once they are in IRELAND then they can apply for Residence card of a family member of a Union citizen and continue living with me permanently.

I applied for their visit visa last week. I received email from Embassy of Ireland in Washington stating that “This category of visa will have to be forwarded to Dublin for decision as they do not have delegated sanction in DC (USA) to do so”.

Initially I was told that it will take them three weeks to issue visitor visa to my parents in Ireland but now Embassy of Ireland is telling me that It can take up to 6 months if I want to apply under the directive or otherwise, they can issue visit visa in 3 weeks.

Now they are in possession of my parents passport. They can’t wait for 6 months. They have other travel arrangements as well.

Can we go for visit visa now and apply for Residence card of a family member of a Union citizen within three months of arriving in Ireland?
HI,

The visa will take 1-2 months maximum, if you have your papers in order. I don't think it will even close to six months.
If you decide to bring them under a simple touristic visa it will be hard to transition from it to a residency permit because it is simply against the law and the regulations.Unless they have a health issue you can prove etc. So I wouldn't risk it just because I had to wait for a couple of months. After all, if they have Green card in US they must know that it is a lengthy process to move and be a citizen in another country.

The procedure is simple but it takes a lot of papers and you need to start getting together papers for the next step which is to apply for Stamp 4 FAM.

shpirtshqipe
Member of Standing
Posts: 328
Joined: Thu May 19, 2016 10:33 am

Re: Directive 2004/38/EC on the rights of citizens of the Union and their family members

Post by shpirtshqipe » Mon Apr 15, 2019 10:08 pm

Myself_andI wrote:
Mon Apr 15, 2019 7:58 am
fahadhussain wrote:
Sun Apr 14, 2019 2:34 pm
I am British citizen, living in Ireland since December 2018. My parents live in United State. They have US Green Card. They hold Pakistani passport but permanently living in United States. Now I want them to come and live with me here in Dublin under the free movement directive.

I was advised by Embassy of Ireland over the email, I have to apply for short term visit visa to exercise "The free movement directive" (Article 10 of Directive 2004/38/EC) for my parents in America and once they are in IRELAND then they can apply for Residence card of a family member of a Union citizen and continue living with me permanently.

I applied for their visit visa last week. I received email from Embassy of Ireland in Washington stating that “This category of visa will have to be forwarded to Dublin for decision as they do not have delegated sanction in DC (USA) to do so”.

Initially I was told that it will take them three weeks to issue visitor visa to my parents in Ireland but now Embassy of Ireland is telling me that It can take up to 6 months if I want to apply under the directive or otherwise, they can issue visit visa in 3 weeks.

Now they are in possession of my parents passport. They can’t wait for 6 months. They have other travel arrangements as well.

Can we go for visit visa now and apply for Residence card of a family member of a Union citizen within three months of arriving in Ireland?
HI,

The visa will take 1-2 months maximum, if you have your papers in order. I don't think it will even close to six months.
If you decide to bring them under a simple touristic visa it will be hard to transition from it to a residency permit because it is simply against the law and the regulations.Unless they have a health issue you can prove etc.

The procedure is simple but it takes a lot of papers and you need to start getting together papers for the next step which is to apply for Stamp 4 FAM.
Whilst strictly speaking using a C Visa to bring parents over may not be the way INIS likes you to go about it, you can still consider this as an option. I for once followed the above route and whether they liked it or not my parent was granted Stamp 4 followed by the EUFAM. After all your parents will be entering the country legally and at that point as a EU Citizen there’s no reason why you can’t use the privileges that come with it.

Your parents have to be dependent on you in order to use the freedom of movement rights in the first place. Financial dependency is by far the best and most successful option when applying as opposed to just health issues alone.

What you should seriously think about is on what grounds did your parents get the Green Card in the first place. Particularly financial dependence and health status given the US is a developed country with good healthcare system compared to third world countries (no offence meant). This alone could be an obstacle when applying for residence permit in Ireland trying to prove dependence of your parents on you.

Best of Luck

Locked
cron