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

eutr extended family 5year with childern

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

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

eutr extended family 5year with childern

Post by Student555 » Wed May 27, 2020 2:50 pm

Hi

I have been living in Ireland with my family and children for 5 years. initially applied eutr extended family case (Brother) and refused . Applied for review and also got refused but the case in now with court pending decision. Is there any way that I can switch/apply to any other category on the basis of children as they have been living and studying here for the last 5 years.

Please share any experience/suggestion for settlement through children residing in the Ireland/EU country for continuous 5 years. I heard a case where a family was granted permission to stay on these basis but they were asylum seekers.

Thanks

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

Re: eutr extended family 5year with childern

Post by Obie » Wed May 27, 2020 3:10 pm

Are the children Irish citizens?
Smooth seas do not make skilful sailors

MantisToboggan
Newly Registered
Posts: 26
Joined: Tue May 26, 2020 10:40 am
Ireland

Re: eutr extended family 5year with childern

Post by MantisToboggan » Wed May 27, 2020 4:53 pm

Write to the Repatriation Unit, tell them your full circumstances.

For whatever reason no deportations of families are being allowed to take place. So the only alternative is for them to give you a permission.

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: eutr extended family 5year with childern

Post by littlerr » Wed May 27, 2020 5:27 pm

Why "no deportations of families are being allowed"? I don’t recall seeing this judgment anywhere. Also having no deportation order doesn’t mean you are automatically entitled to getting a permission.

If OP’s child is Irish, he can certainly try to apply for a residence permission based on his child.

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

Re: eutr extended family 5year with childern

Post by Student555 » Wed May 27, 2020 5:35 pm

Childern are not irish born. Spent 1.5 yrs in uk and moved here with british sponsor. So almost 6.5 year in eu. Is there any facilitation for the child who completed Junior cert(irish state exam) . They even dont know the home country langauage. Any Chance on Humantarian grounds?

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: eutr extended family 5year with childern

Post by littlerr » Wed May 27, 2020 6:17 pm

How did you get permission to live in Ireland initially? Was that permission revoked? Or did you never have a permission? You would certainly need a good immigration lawyer.

Without more details about your personal circumstances, it is impossible to comment what your chances are. However, to be honest, I just don't see a strong case on humanitarian grounds. There was a famous case just over a year ago when a mum with a 9-year-old kid nearly got deported, even though the kid was born in Ireland and has never been to any other country. It took extensive media coverage, petitions from the kid's school and local community, tens of thousands of people's online petition and several senior ministers' pleas to overturn the decision.

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

Re: eutr extended family 5year with childern

Post by Student555 » Wed May 27, 2020 6:34 pm

As I mentioned earlier i moved to Ireland with British citizen as extended family member who is exercising treaty rights. I was never given stamp 4 but challenged the decision. Case is still with court and i have been waiting for decision since 2018. My original question was that is there any possibility for getting any right to stay after spending 5 years with childern.

Thanks for the replies

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: eutr extended family 5year with childern

Post by littlerr » Wed May 27, 2020 6:45 pm

Obie might be able to give more insight. Unfortunately, as far as I understand, the answer is no (see the case I mentioned above).

User avatar
Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: eutr extended family 5year with childern

Post by Zerubbabel » Wed May 27, 2020 7:11 pm

Under what status did you come to the UK initially?

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

Re: eutr extended family 5year with childern

Post by Student555 » Wed May 27, 2020 8:04 pm

Tier 4 student visa

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

Re: eutr extended family 5year with childern

Post by Obie » Wed May 27, 2020 9:14 pm

Are you dependent on the sponsor? Are you children dependent on him? Were you supported by the sponsor whilst in the UK.
Smooth seas do not make skilful sailors

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

Re: eutr extended family 5year with childern

Post by Student555 » Wed May 27, 2020 9:44 pm

Yes we are dependent and also living with sponsor in uk. I am sure INIS will not be issuing any visas to eutr extended family member so i am just trying to explore any other options.

Sase applied in 2015. Refused after 13 months and no stamp 4 was given. Applied for review but refused again now with court since mid 2018.

Granista
BANNED
Posts: 171
Joined: Tue Jan 14, 2020 10:12 pm
American Samoa

Re: eutr extended family 5year with childern

Post by Granista » Thu May 28, 2020 12:53 pm

Student555 wrote:
Wed May 27, 2020 5:35 pm
Childern are not irish born. Spent 1.5 yrs in uk and moved here with british sponsor. So almost 6.5 year in eu. Is there any facilitation for the child who completed Junior cert(irish state exam) . They even dont know the home country langauage. Any Chance on Humantarian grounds?
Completed JC, so what, 16 years old? Been in EU for less than 6.5 years, how do they not know the language they lived in for 10 years that their whole family must speak?

Did you get visa's to come to Ireland or did you enter illegally?

MantisToboggan
Newly Registered
Posts: 26
Joined: Tue May 26, 2020 10:40 am
Ireland

Re: eutr extended family 5year with childern

Post by MantisToboggan » Thu May 28, 2020 1:20 pm

Student555 wrote:
Wed May 27, 2020 9:44 pm
Yes we are dependent and also living with sponsor in uk. I am sure INIS will not be issuing any visas to eutr extended family member so i am just trying to explore any other options.

Sase applied in 2015. Refused after 13 months and no stamp 4 was given. Applied for review but refused again now with court since mid 2018.
Were you ever given a temporary permission while awaiting the outcome of the application ?

If it's with the Court since 2018 then it can only have been a case that was in one of the holding lists , a number of judgments issued from the Court of Appeal in December dealing with those issues. Kahn /Kuhn dealing with dependency issued mid last year and reinforces Jia as the dependency test, but Safdar, Subhan and Ali, Roomy and Kiss etc etc were all won by the State. So if you were waiting one of those, you're in trouble.

The reason I ask the first question is you could argue you come within Chenchooliah if you were given a temporary permission. That plus the fact the Minister would have to deport a family of not granting a permission gives you a good chance of getting a permission.

MantisToboggan
Newly Registered
Posts: 26
Joined: Tue May 26, 2020 10:40 am
Ireland

Re: eutr extended family 5year with childern

Post by MantisToboggan » Thu May 28, 2020 1:23 pm

littlerr wrote:
Wed May 27, 2020 5:27 pm
Why "no deportations of families are being allowed"? I don’t recall seeing this judgment anywhere. Also having no deportation order doesn’t mean you are automatically entitled to getting a permission.

If OP’s child is Irish, he can certainly try to apply for a residence permission based on his child.
There is no judgment but if you ever followed what goes on in the media and Court you would realise that somebody high up in the Department will not allow deportations involving wives and children to take place. Every case involving one has had their deportation stopped.

That might have been a pre election strategy for Charlie Flanagan but there hasn't been anything to suggest that has changed since.

They won't deport families , so make yourself a nuisance for Repatriation and you've a good chance of getting a permission.

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

Re: eutr extended family 5year with childern

Post by Student555 » Thu May 28, 2020 5:17 pm

I moved with my sposor but no stamp is given sice the case has been applied. Do you think all cases on holding lists are in trouble?

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

Re: eutr extended family 5year with childern

Post by Obie » Thu May 28, 2020 11:12 pm

Fianna fail are actively advocating some form of regularisation. Hopefully things will progress soon.



https://m.independent.ie/irish-news/giv ... 22908.html
Smooth seas do not make skilful sailors

Granista
BANNED
Posts: 171
Joined: Tue Jan 14, 2020 10:12 pm
American Samoa

Re: eutr extended family 5year with childern

Post by Granista » Fri May 29, 2020 8:43 am

Student555 wrote:
Thu May 28, 2020 5:17 pm
I moved with my sposor but no stamp is given sice the case has been applied. Do you think all cases on holding lists are in trouble?

How did you move with your sponsor though? My guess is without a visa to do so. If you entered illegally and haven't ever had residency permission you have very little chance of getting one now.
Youve no chance of getting a permission based on dependency on a brother.

MantisToboggan
Newly Registered
Posts: 26
Joined: Tue May 26, 2020 10:40 am
Ireland

Re: eutr extended family 5year with childern

Post by MantisToboggan » Fri May 29, 2020 1:47 pm

Student555 wrote:
Thu May 28, 2020 5:17 pm
I moved with my sposor but no stamp is given sice the case has been applied. Do you think all cases on holding lists are in trouble?
Yes, with the possible exception of dependency cases. You might win your dependency related legal case but still be refused a permission. The EUTR related units are all working with GNIB, DEASP and UKBA to uncover all the background aspects of these applications.

Anything involving a British national trying to bring in nationals from Pakistan , Afghanistan, Iraq etc rings alarm bells now because of the level of fraud that went on and became very noticeable in 2015. Or alternatively the wedding to the Latvian national rings alarm bells.

If you've used immigration agents and particular firms of solicitors and accountants who facilitated lots of the fraud you'll be in for extra attention too.

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: eutr extended family 5year with childern

Post by arz1986 » Sun May 31, 2020 7:17 pm

If you come under any judgement, then INIS will let you know. they write us, one year ago, our case come under chenchoolih judgement. they donot give any permission yet.
if you brother is british citizen, try to explore uk pre-settlement option. it is valid till 31-december.

MantisToboggan
Newly Registered
Posts: 26
Joined: Tue May 26, 2020 10:40 am
Ireland

Re: eutr extended family 5year with childern

Post by MantisToboggan » Sun May 31, 2020 10:24 pm

arz1986 wrote:
Sun May 31, 2020 7:17 pm
If you come under any judgement, then INIS will let you know. they write us, one year ago, our case come under chenchoolih judgement. they donot give any permission yet.
if you brother is british citizen, try to explore uk pre-settlement option. it is valid till 31-december.
If you don't have one yet you're probably not getting one. They need to change the Free Movement Regulations to issue some Chenchooliah compliant deportation / removal order - I haven't seen any changes yet.

Student555
Newly Registered
Posts: 10
Joined: Wed May 27, 2020 2:31 pm
Ireland

Re: eutr extended family 5year with childern

Post by Student555 » Mon Jun 01, 2020 9:59 am

What is chenchoolih judgement? Does it apply on extended family members of British citizens also.

We have not been issued stamp 4 . You mentioned to look for uk pre settlement option. Dont they ask for any proof of stamp 4. Whats the difference between pre settlement and surinder singh route?

Many Thanks

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: eutr extended family 5year with childern

Post by arz1986 » Thu Jun 04, 2020 1:56 pm

I saw one family move back to UK similar situation like you. It is better to explore other option as well. You might be successful. it is not immigration advice. Try to discuss your case with UK solicitor.

arz1986
- thin ice -
Posts: 228
Joined: Wed Apr 13, 2016 5:33 pm

Re: eutr extended family 5year with childern

Post by arz1986 » Thu Jun 04, 2020 2:09 pm

MantisToboggan wrote:
Sun May 31, 2020 10:24 pm
arz1986 wrote:
Sun May 31, 2020 7:17 pm
If you come under any judgement, then INIS will let you know. they write us, one year ago, our case come under chenchoolih judgement. they donot give any permission yet.
if you brother is british citizen, try to explore uk pre-settlement option. it is valid till 31-december.
If you don't have one yet you're probably not getting one. They need to change the Free Movement Regulations to issue some Chenchooliah compliant deportation / removal order - I haven't seen any changes yet.
I got 10 months temporary stamp plus 10 month extension then no further stamps. no deportation or removal order yet. but I might get one. I am under chenchooliah judgement.
Donot wait here,dnt waste time and money if u know the outcome, try other option,

MantisToboggan
Newly Registered
Posts: 26
Joined: Tue May 26, 2020 10:40 am
Ireland

Re: eutr extended family 5year with childern

Post by MantisToboggan » Fri Jun 05, 2020 10:06 pm

The only difference Chenchooliah makes is anyone who got a permission as a family member of an EU citizen can't be deported in the process provided for under S.3 of 1999 Immigration Act.

It doesn't mean you'll get a permission, just that you can't be banned indefinitely from Ireland like someone who gets deported.

If your permission wasn't renewed I'd expect you're in the pile of cases of people to be refused under the new procedure which is still awaited. Chenchooliah was delivered last September by the CJEU, it's not complicated so I don't understand how a process hasn't come into place.

Locked
cron