EU 1 - Has anyone got a response in the last 4 weeks?

megmog · Post by **megmog** » Mon May 21, 2007 11:05 am

did they give you a deadline to leave the country?

Static · Post by **Static** » Mon May 21, 2007 11:09 am

Oh no Birdy

very sorry to hear

dsab85 · Post by **dsab85** » Mon May 21, 2007 11:25 am

Sorry to hear that Birdy.

No, it doesn't say when you have to leave.

We put in an appeal straight away (more then 6 weeks now) but haven't heard back on it at all. As long as the appeal is dealt with you are safe.

This whole thing is a big mess. My wife flew back to her home country and applied for a new Irish Spousal Visa. We are waiting now already for a few weeks and expect it to take another 3 to 4 weeks.

She went to the UK Embassy to apply for a EEA Family Permit, and she received it on the spot just by showing our passports and the marriage certificate. What a difference. That's us on the move to the UK. I like Ireland, but it's just not a situation I wanna be in forever.

Birdy · Post by **Birdy** » Mon May 21, 2007 11:54 am

Yeah we are going to move to the uk with most likely an EEAF we are the same we like Ireland but we are at the end now emotionally and physically tired of the place.

yankeegirl · Post by **yankeegirl** » Mon May 21, 2007 12:00 pm

Birdy,
You could always come up here to Norn Iron

Birdy · Post by **Birdy** » Mon May 21, 2007 12:17 pm

I had thought about it but our plan is cemented now apply for england stay with family Save up whilst application for the us is processed. take a nice world trip on the way to the us then Eat Buffalo wings and drink Leinenkugels at the applebees. classy eh.

megmog · Post by **megmog** » Mon May 21, 2007 12:32 pm

Birdy - are you british... how come you are applying for a family permit rather than spousal visa if you go to england?

Just wondering because I am also british and will probably have to take the same route if we get rejected too...

Birdy · Post by **Birdy** » Mon May 21, 2007 12:52 pm

The main reason is we dont have the 775â‚¬ for the Spousal visa the EEAF is free, also because "we arent wanted" in Ireland we will be going to America in the near future so my wife can be near her family.

When you apply for EEAF it is longer for your indefinite leave to remain but a shorter time before you have to re apply for another EEAF or residency card.

The visa is for two years and after that you can apply for your indefinite leave to remain.

In short it is a different route with different timescales but because we wont be staying EEAF is the route for us.

See yankee girls post it makes alot of sense

http://www.immigrationboards.com/viewtopic.php?t=15795

tomasmv · Post by **tomasmv** » Mon May 21, 2007 1:23 pm

can some one explain me steps to follow to present an appeal....
thanks in advance.
TomAs.

Static · Post by **Static** » Mon May 21, 2007 1:28 pm

dsab85 wrote:Sorry to hear that Birdy.

No, it doesn't say when you have to leave.

We put in an appeal straight away (more then 6 weeks now) but haven't heard back on it at all. As long as the appeal is dealt with you are safe.

This whole thing is a big mess. My wife flew back to her home country and applied for a new Irish Spousal Visa. We are waiting now already for a few weeks and expect it to take another 3 to 4 weeks.

She went to the UK Embassy to apply for a EEA Family Permit, and she received it on the spot just by showing our passports and the marriage certificate. What a difference. That's us on the move to the UK. I like Ireland, but it's just not a situation I wanna be in forever.

Hi.. you say you went to the UK Embassy here? And that without a spousal Visa?

Birdy · Post by **Birdy** » Mon May 21, 2007 1:39 pm

I think by the context it was the uk embassy in her home country. if not that is going to save me a fortune.

dsab85 · Post by **dsab85** » Mon May 21, 2007 1:42 pm

Yes, it's in her home country.

But afaik you can apply in dublin as well, as long as you are legal here (i.e. still have a valid Visa).

Birdy · Post by **Birdy** » Mon May 21, 2007 1:47 pm

Yeah see thats half the problem GNIB wont give us a stamp and the other one is god knows how old.

Birdy · Post by **Birdy** » Mon May 21, 2007 1:50 pm

dsab out of curiosity what nationality is your wife?

dsab85 · Post by **dsab85** » Mon May 21, 2007 1:57 pm

yeah, that was our problem as well. My wifes visa had ran out a long time ago, and they refused to extend it or re-issue a new one here. That's one of the reasons that she left Ireland. We were stuck here and couldn't even go to see my family or to go on vacation. That's why we decided for her to go back to get a new Irish Visa and the UK one.

She is going up the walls. Never before she was "out of work" for this long. Being at home is OK for a few weeks, but not for a year. That's not what why she studied for many years. She told me a few weeks back " I feel as I am retarding since I arrived in Ireland"

We hope that she will get a job in the UK easily. That will make life for her so much easier.

My wife is thai, btw.

Birdy · Post by **Birdy** » Mon May 21, 2007 2:10 pm

I know that feeling well my wife crawls up the walls and leas on me when i return there is only so much she can do whilst im out at work then i go out to work to second job its driving me crazy

archigabe · Post by **archigabe** » Mon May 21, 2007 10:06 pm

Guys, this is exactly what Micheal McDowell wants...maybe you should stick it out for another month or so till the government changes or the court case decision comes through!

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Tue May 22, 2007 6:16 am

Static wrote:
dsab85 wrote:She went to the UK Embassy to apply for a EEA Family Permit, and she received it on the spot just by showing our passports and the marriage certificate. What a difference. That's us on the move to the UK. I like Ireland, but it's just not a situation I wanna be in forever.
Hi.. you say you went to the UK Embassy here? And that without a spousal Visa?

If the non-EU spouse is living in Ireland, then you can apply at the UK embassy under the EU rules. The spouse only needs to be not-illegal - no requirement that they have EU1 or any other long term residence permit.

Birdy · Post by **Birdy** » Tue May 22, 2007 7:08 am

archigabe wrote:Guys, this is exactly what Micheal McDowell wants...maybe you should stick it out for another month or so till the government changes or the court case decision comes through!

Unfortunately if this is what he wants he can have it. Im not prepared to let my wife sit around half the time doing nothing being bored i mean she ha things to do but its just not fair on her to wait around any longer.

After i got home last night i was so releived to receive the letter of refusal i slept from eight pm to seven this morning.

I want to have my life back Mr Mcdowell but im going to the land of hope and glory to get it im not waiting for a government that may just decide to refuse us again.

megmog · Post by **megmog** » Tue May 22, 2007 9:15 am

Ok guys I am soo confused now... Birdy, your wife is american and you are..? british?

And you are going back to the US to apply for a EEA family permit, and then what...

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Tue May 22, 2007 9:30 am

megmog wrote:Birdy - are you british... how come you are applying for a family permit rather than spousal visa if you go to england?

Just wondering because I am also british and will probably have to take the same route if we get rejected too...

Megmog,

If you have been living in Europe and exercising treaty rights and want to return to the UK, then your family can come with you on the basis of either UK law (spousal visa) or EU law (EEA family permit). You can decide.

megmog · Post by **megmog** » Tue May 22, 2007 9:46 am

Can I apply via the british embassy in Dublin or do we have to go back to south africa?

Static · Post by **Static** » Tue May 22, 2007 9:52 am

megmog wrote:Can I apply via the british embassy in Dublin or do we have to go back to south africa?

If mine doesnt' work out I am going to apply from Dublin. It depends what they deem legal residence as being ok. Technically we are legally resident here now as we are busy being processed so 'technically' we should be able to do it from here as the law states that we have to apply from the country where you are legally resident. There is no way that I can go back to SA. Our savings are up and we have nowhere to go in SA. Really cannot afford it

Also not going to uproot the kids and take them out of school only to bring them back again. Hopefully something works out... why dont' you try from Dublin first megmog?

Birdy · Post by **Birdy** » Tue May 22, 2007 10:01 am

megmog wrote:Ok guys I am soo confused now... Birdy, your wife is american and you are..? british?

And you are going back to the US to apply for a EEA family permit, and then what...

After Speaking with the Embassy here they say i cannot apply from here as my wife does not have a valid stamp in her passport so she has to return.

We will be excersising our treaty rights because they cost nothing. as opposed to the Visa which is 775â‚¬. My wife will be flying to America for the Permit (this is to avoid the three month wait here)

Birdy British. Birdies wife American

megmog · Post by **megmog** » Tue May 22, 2007 10:12 am

And may I ask what documents she will have to submit with the application... Do you need to be working in the UK before she can join you?

Can she work immediately if she gets the permit?

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EU 1 - Has anyone got a response in the last 4 weeks?