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Refused Indefinite leave to remain in the UK and its impact on Irish spousal visa.

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

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Mrsdoc
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Refused Indefinite leave to remain in the UK and its impact on Irish spousal visa.

Post by Mrsdoc » Tue Dec 31, 2019 2:02 pm

Hi,
I hope someone will be able to answer my query.
I’m a Non Eu spouse of a British/Irish citizen. I and my husband have been together for 13 years now and we’ve been officially married for 8 years. We also have got a child together who is British/Irish citizen as well.
We are planning to move to Ireland next year and I’d like to ask a specific question about immigration history.
In a nutshell, I have been living in the UK with my husband and child for the past 5 years. I have never been refused any visas to any country nor overstayed any of my visas in the past. Generally,I’ve got a very good immigration history.
But my concern is about my ILR application in the UK was refused on “not meeting the minimum income requirement”. Note: it was refused purely on technicalities as we have had all proof of exceeding the financial requirement way above the threshold of £18,600 per annum. It’s all down to anti-immigration and frankly speaking “dearly beloved” attitude of the UK government towards immigration with the policies implemented as part of the Hostile environment.
Technically I haven’t been refused any UK visas. As a result of that ILR refusal the Home Office has granted me a parental route to stay in the UK as a mother of a British child.
I am quite worried about this rejected application for ILR and its impact of my future application for a spousal visa to Ireland.
I am planning to mention about not being qualified for the ILR in the U.K. as I don’t think withholding any information would be a good idea.
Has anyone experienced a similar situation and what is the best way to go about it?

Obie
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Re: Refused Indefinite leave to remain in the UK and its impact on Irish spousal visa.

Post by Obie » Wed Jan 01, 2020 11:13 am

It will have no impact on or relevance to your Irish visa application.

In actual part, your application was not refused, but rather leave was granted to you in another category from that which you applied under.
Smooth seas do not make skilful sailors

Mrsdoc
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Posts: 102
Joined: Sun Dec 22, 2019 10:30 pm

Re: Refused Indefinite leave to remain in the UK and its impact on Irish spousal visa.

Post by Mrsdoc » Wed Jan 01, 2020 7:19 pm

Thank you very much for your response!
Yes, you’re right by saying it wasn’t a refusal but rather being “not qualified” for the ILR at that point.

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