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Parent of a UK minor applying for Ireland Short Stay C visa

Forum to discuss all things Blarney | Ireland immigration

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RizzaS
Newbie
Posts: 33
Joined: Fri Sep 20, 2019 4:21 pm
Philippines

Parent of a UK minor applying for Ireland Short Stay C visa

Post by RizzaS » Fri Sep 20, 2019 4:35 pm

Hi. New here. Just wondering if anyone can give me an advice. I submitted my application today for a Short Stay C Visa. I am a parent of a British child who is 13 years old. We are looking into relocating in Ireland because we think that she will have a better education there. The woman who examined my documents told me that I am not a qualifying member, as I am not a dependent. Though, she did not ask me to pay for the fee as I am still married to my daughter's father, whom I have been separated from. She said I am not qualified, but they will accept my application for consideration. Right now, my daughter is considered a tourist in my country and not allowed to study here, unless I get her a recogntion (will take at least 6mos) or to renew her expired Philippine passport ( which they did not allow us to renew. Asking for documents to be corrected, she was born in london, the mistakes that they want correction was made there). HELP :(

brownbonno
Member
Posts: 176
Joined: Tue Dec 05, 2006 12:02 pm
Netherlands

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by brownbonno » Fri Sep 20, 2019 5:31 pm

RizzaS wrote:
Fri Sep 20, 2019 4:35 pm
Hi. New here. Just wondering if anyone can give me an advice. I submitted my application today for a Short Stay C Visa. I am a parent of a British child who is 13 years old. We are looking into relocating in Ireland because we think that she will have a better education there. The woman who examined my documents told me that I am not a qualifying member, as I am not a dependent. Though, she did not ask me to pay for the fee as I am still married to my daughter's father, whom I have been separated from. She said I am not qualified, but they will accept my application for consideration. Right now, my daughter is considered a tourist in my country and not allowed to study here, unless I get her a recogntion (will take at least 6mos) or to renew her expired Philippine passport ( which they did not allow us to renew. Asking for documents to be corrected, she was born in london, the mistakes that they want correction was made there). HELP :(
This application should be treated under the Chavez-Vilchez rules.
According to Chavez-Vilchez rules, the third-country national parent of a child who is a Union citizen may get a right of residence, even if the other parent is a Union citizen. 
Knowledge is Power

RizzaS
Newbie
Posts: 33
Joined: Fri Sep 20, 2019 4:21 pm
Philippines

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by RizzaS » Sat Sep 21, 2019 3:32 am

Thanks for your suggestion brownbonno. My husband is indeed a union citizen but he is not living within the EU. He chose to stay in the Philippines. He is now living with someone else. He is very supportive with our decision to move. We are also self sufficient. If my daughter and I move to Ireland, We are still self sufficient even if I do not get an employment. I intend to, if I am allowed. It is so frustrating that my daughter is not allowed to be here, and I am not allowed to be anywhere, where she can use her freedom of movement rights. They would rather have someone else to look after your child than to allow the parent to do it.

DanaMarie
Member
Posts: 162
Joined: Wed Mar 06, 2019 1:34 pm
Ireland

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by DanaMarie » Sat Sep 21, 2019 5:57 am

brownbonno wrote:
Fri Sep 20, 2019 5:31 pm
RizzaS wrote:
Fri Sep 20, 2019 4:35 pm
Hi. New here. Just wondering if anyone can give me an advice. I submitted my application today for a Short Stay C Visa. I am a parent of a British child who is 13 years old. We are looking into relocating in Ireland because we think that she will have a better education there. The woman who examined my documents told me that I am not a qualifying member, as I am not a dependent. Though, she did not ask me to pay for the fee as I am still married to my daughter's father, whom I have been separated from. She said I am not qualified, but they will accept my application for consideration. Right now, my daughter is considered a tourist in my country and not allowed to study here, unless I get her a recogntion (will take at least 6mos) or to renew her expired Philippine passport ( which they did not allow us to renew. Asking for documents to be corrected, she was born in london, the mistakes that they want correction was made there). HELP :(
This application should be treated under the Chavez-Vilchez rules.
According to Chavez-Vilchez rules, the third-country national parent of a child who is a Union citizen may get a right of residence, even if the other parent is a Union citizen. 
Will that right of residence go away once (if?) Brexit happens? That ruling seems to pertain to EU citizens?

RizzaS
Newbie
Posts: 33
Joined: Fri Sep 20, 2019 4:21 pm
Philippines

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by RizzaS » Sun Oct 27, 2019 5:15 pm

So my application was refused due to the fact that I am not financially dependent to my 13 year old daughter. So that means that no minor EU child has a right for freedom of movement within the EU as if they don't have anyone to look after them. :roll: Funny thing about these applications, you cannot be a burden to society because they will reject you, and you can't be financially independent at the same time. :shock:

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by Obie » Mon Oct 28, 2019 8:07 am

Your case is a Chen type case. The refusal is incorrect. You will however need to demonstrate that you have medical insurance and sufficient funds not a be a burden on the resource of the Irish authorities.
Smooth seas do not make skilful sailors

RizzaS
Newbie
Posts: 33
Joined: Fri Sep 20, 2019 4:21 pm
Philippines

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by RizzaS » Tue Oct 29, 2019 4:43 pm

Obie wrote:
Mon Oct 28, 2019 8:07 am
Your case is a Chen type case. The refusal is incorrect. You will however need to demonstrate that you have medical insurance and sufficient funds not a be a burden on the resource of the Irish authorities.
Yes, we have mentioned Chen case on the application. Shown all the documents that we are self sufficient and able to afford medical insurance and everything that we need. Still refused. Will appeal, but I have not heard back from my solicitor. She said she will review it well so we know what to do next.

RizzaS
Newbie
Posts: 33
Joined: Fri Sep 20, 2019 4:21 pm
Philippines

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by RizzaS » Fri Nov 01, 2019 1:04 pm

I forgot to mention, while we applied with reference to Chen case, they refused us in reference to Jia case.

RizzaS
Newbie
Posts: 33
Joined: Fri Sep 20, 2019 4:21 pm
Philippines

Re: Parent of a UK minor applying for Ireland Short Stay C visa

Post by RizzaS » Fri Mar 20, 2020 3:02 pm

Just want to share the good news. I lodged an appeal sometime in November. 10 days ago, the officer emailed me to ask about health insurance for me and my daughter, and today, I received an email about the decision to grant me a visa. Too bad we will not be able to travel soon. So happy about this positive outcome. :) :) :)

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