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Visit visa for non EU spouse to visit Ireland has been refused

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Vicky0090
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France

Visit visa for non EU spouse to visit Ireland has been refused

Post by Vicky0090 » Wed Aug 21, 2019 4:08 pm

Hi,

I am married to a French citizen and we are living in France. I am basically a Pakistani citizen and I am living in France on my family residence card( 2 years of duration).

This September we wanted to visit Ireland so I asked for EU spouse visit visa. We were about to travel together.

I sent all the completed file
( health insurance, marriage certificate, our original passports, my original French residence card , proof of hotel residence and tickets of airplane that we have purchased, and a document containing that my wife is not working currently and she is on unemployment allowence In France)
to Ireland embassy Paris containing the documents they asked on their website. But after one week they sent me my documents back and told me to send them bank statements of last 6 months( that wasn't mentioned in their required documents before).
I sent them all documents again accompanying bank statements of 4000 euros ( my wife's account) and (5000euros) my account .

Then after one day a lady called me from Ireland embassy Paris, she told me to withdraw my application because
she said "you cannot get a visit visa as your wife is not working at the moment in France". They don't want to accept or reject my visa application but they want me to withdraw my application.

Can you please tell me is that a valid reason of not giving me a visit visa to Ireland being a EU citizen spouse?

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Zerubbabel
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Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by Zerubbabel » Wed Aug 21, 2019 4:43 pm

she said "you cannot get a visit visa as your wife is not working at the moment in France". They don't want to accept or reject my visa application but they want me to withdraw my application.
Actually they are being very nice with you. They don't want to refuse you and you will drag this refusal forever in your immigration history.

However, I am EEA, my wife is not and I travel with her to Ireland without a need of visa.

So if your residence card has been delivered under EEA rules, you can use it to travel with your husband to Ireland.

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ALKB
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Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by ALKB » Wed Aug 21, 2019 5:43 pm

Zerubbabel wrote:
Wed Aug 21, 2019 4:43 pm
she said "you cannot get a visit visa as your wife is not working at the moment in France". They don't want to accept or reject my visa application but they want me to withdraw my application.
Actually they are being very nice with you. They don't want to refuse you and you will drag this refusal forever in your immigration history.

However, I am EEA, my wife is not and I travel with her to Ireland without a need of visa.

So if your residence card has been delivered under EEA rules, you can use it to travel with your husband to Ireland.
OP is married to a French national living in France, it looks like his residence permit was issued under French domestic immigration law.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

Vicky0090
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France

Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by Vicky0090 » Wed Aug 21, 2019 6:22 pm

Yes It was issued under French domestic law. So I should reapply later when my EU national wife will be working?

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Zerubbabel
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Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by Zerubbabel » Wed Aug 21, 2019 7:19 pm

Sorry, I thought it was under an EEA route in France.

When you start working, you can reapply again. Many countries have a strict policy about this: if someone doesn't work, they don't grant a visa. In fact, it's not "working" but the person needs to have an activity: working, student, retired, self-employed... etc.

Actually it's good that they gave you this opportunity to cancel your application.

Vicky0090
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France

Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by Vicky0090 » Thu Aug 22, 2019 7:46 am

I will apply again when I will be working. Thank you very much for guidance :)

Lawgic
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Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by Lawgic » Tue Sep 03, 2019 10:32 am

but this shouldn't matter, the OP is exercising her right of free movement by travelling (or accompanying) her EEA National spouse. Work has absolutely nothing to do with this right.

Why are you giving wrong advice?)) this disclaimer below should be highlighted and repeated within your message, being that advice is so obviously wrong.

What if the OP's husband were living with OP outside the EU altogether? would OP need to have funds as well? Of course not.

The only reasons to refuse a visa in such circumstances is on public policy grounds (safety, security, health). Everything else is illegal
ALKB wrote:
Wed Aug 21, 2019 5:43 pm
Zerubbabel wrote:
Wed Aug 21, 2019 4:43 pm
she said "you cannot get a visit visa as your wife is not working at the moment in France". They don't want to accept or reject my visa application but they want me to withdraw my application.
Actually they are being very nice with you. They don't want to refuse you and you will drag this refusal forever in your immigration history.

However, I am EEA, my wife is not and I travel with her to Ireland without a need of visa.

So if your residence card has been delivered under EEA rules, you can use it to travel with your husband to Ireland.
OP is married to a French national living in France, it looks like his residence permit was issued under French domestic immigration law.

ibwe
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Re: Visit visa for non EU spouse to visit Ireland has been refused

Post by ibwe » Wed Sep 04, 2019 10:09 pm

Lawgic wrote:
Tue Sep 03, 2019 10:32 am
but this shouldn't matter, the OP is exercising her right of free movement by travelling (or accompanying) her EEA National spouse. Work has absolutely nothing to do with this right.

Why are you giving wrong advice?)) this disclaimer below should be highlighted and repeated within your message, being that advice is so obviously wrong.

What if the OP's husband were living with OP outside the EU altogether? would OP need to have funds as well? Of course not.

The only reasons to refuse a visa in such circumstances is on public policy grounds (safety, security, health). Everything else is illegal
ALKB wrote:
Wed Aug 21, 2019 5:43 pm
Zerubbabel wrote:
Wed Aug 21, 2019 4:43 pm
she said "you cannot get a visit visa as your wife is not working at the moment in France". They don't want to accept or reject my visa application but they want me to withdraw my application.
Actually they are being very nice with you. They don't want to refuse you and you will drag this refusal forever in your immigration history.

However, I am EEA, my wife is not and I travel with her to Ireland without a need of visa.

So if your residence card has been delivered under EEA rules, you can use it to travel with your husband to Ireland.
OP is married to a French national living in France, it looks like his residence permit was issued under French domestic immigration law.
Hi Lawgic,
I agree with you one hundred percent on this. Work has nothing to do with the refusal. I think the OP's documentation 'exceeded' the required ones. I have checked the Ireland immigration website - and I see no documents need to be submitted on EEA/EU citizen's work status or bank statements from both.
I posit that by adding the documents, OP created a plausible reasons for the visa officer to refuse the application by phone :( , albeit a non valid refusal. It should be okay for the OP to proceed with the application regardless with less documents and wait for a written refusal to be able to pursue the appeal.

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