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by Obie
Wed Sep 02, 2009 10:08 am
Forum: Ireland
Topic: application for a permanent residency
Replies: 20
Views: 4939
Ireland

Knapps there appears to be distinction between your reply and that of Robby 1. In Robby 1, they told him to apply after the wife and him have been exercising treaty rights in the state for 5 years and in your case, they said after your 5 years they granted you in 2006 expires, which is totally wrong...
by Obie
Wed Sep 02, 2009 9:49 am
Forum: Europe immigration forum
Topic: EEA FAMILY PERMIT VISA APPLICATION PROCEDURE
Replies: 13
Views: 2443
Ireland

He should definitely follow it up. Article 5 of the directive states that such visa (EEA family Permit) should be processed as part of an accelerated process. The British say they acknowledge this. However they don't always seem to be showing that in practice. If he doesn't hear anything by the end ...
by Obie
Tue Sep 01, 2009 11:30 pm
Forum: General UK Immigration forum
Topic: If joint application for naturalisation fails
Replies: 7
Views: 2419
Ireland

I think there is a clear distinction here, between Joint Fee for spouse or civil partner's applications, which is £850 and a Joint Application Fee , which is what you are purporting, which doesn't exist. You get a concession for applying at the same time as a spouse or civil partner living in the s...
by Obie
Tue Sep 01, 2009 9:23 pm
Forum: Immigration for family members
Topic: Need help Spouse/Fiancee Visa
Replies: 6
Views: 1730
Ireland

You are forbidden from switching status if you enter under the youth mobility Scheme. She can use it to enter the UK for the duration of its 24 months validity, she can even enter into employment and get married. After your marriage,she can go back to Australia and apply for the Spousal visa. Please...
by Obie
Tue Sep 01, 2009 8:10 pm
Forum: Europe immigration forum
Topic: EEA FAMILY PERMIT VISA APPLICATION PROCEDURE
Replies: 13
Views: 2443
Ireland

That would or should be a reasonable expectation. However i am unsure where the OP is applying from, and how efficient they are, but in Ireland, where i live, they have a 100% processing completion within 15 days for that category of Entry clearance. I have to be on the err of caution, and say it mi...
by Obie
Tue Sep 01, 2009 7:49 pm
Forum: General UK Immigration forum
Topic: If joint application for naturalisation fails
Replies: 7
Views: 2419
Ireland

Each application are dealt with individually as opposed to an ILR or other residency application.

If you wife doesn't meet the requirement and only you meet it, then you application will be successful and her's wouldn't.

If there are compelling reason for her absence, she might be exempted.
by Obie
Tue Sep 01, 2009 7:22 pm
Forum: Immigration for family members
Topic: appeal for refusal of EEA family permit
Replies: 8
Views: 3963
Ireland

it is clear from the documents you have submitted with your application that you and your wife(the EEA national) intent to go to the UK for you (me) to undertake an internship for approx. 6 months. Your wife wife has shown no intention of exercising any treaty rights while in the UK, and this made ...
by Obie
Tue Sep 01, 2009 7:01 pm
Forum: Ireland
Topic: application for a permanent residency
Replies: 20
Views: 4939
Ireland

6 months before 5 years of treaty rights is correct, but it should not be 6 months prior to the expiry of the 5 years EUfam card. The clock start ticking from the day the EEA national on whom you are dependent came to Ireland with you to start exercising treaty right, or the day you became a family ...
by Obie
Tue Sep 01, 2009 5:40 pm
Forum: Europe immigration forum
Topic: EEA Family permit - Help Needed
Replies: 3
Views: 1333
Ireland

Please see Evidence you will need to provide for your EEA family Permit application.

Also you will need to reapply for another COA if you intend to get married in the UK
by Obie
Tue Sep 01, 2009 3:44 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205857
Ireland

Although , two wrongs don't make a right, and if punitive/retaliatory measures are imposed it is the innocent that stands to suffer the most and not the scaremongers in Westminster or Leinster House, i would have supported these countries, imposing similar restrictions on UK and Ireland's residents,...
by Obie
Tue Sep 01, 2009 3:22 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205857
Ireland

Maybe, just maybe our friends in the UK and Ireland might see some sense and allow free travel for holders of EU Resident Card with or without EU partner. One can only hope. Although i personally think the possibility of that is near zero if not absolute zero. That is excellent 86ti, i have been try...
by Obie
Tue Sep 01, 2009 2:25 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205857
Ireland

A friend of mine with UK Resident Card traveled to Sweden Visa free without his EEA partner. He even went to Norway from there. I also think Lithuanians allows visa free travel with or without the EEA family member, although i don't know anyone who has tried it yet. I think the Swedes are one of the...
by Obie
Tue Sep 01, 2009 2:13 pm
Forum: Europe immigration forum
Topic: E.U States Allowing Visa free Travel-E.U Fam&Residence c
Replies: 455
Views: 205857
Ireland

You could also add Sweden to your list.
by Obie
Tue Sep 01, 2009 1:22 pm
Forum: Immigration for family members
Topic: Overstayer
Replies: 3
Views: 1400
Ireland

Perhaps ILR might be appropriate, depending on circumstance. If impossible, then Discretionary Leave. What was your status in the UK, before your Leave expired? Was you case an asylum one, which falls under the old system, then ILR through (Legacy case) might be an option. All the best with your hea...
by Obie
Tue Sep 01, 2009 1:12 pm
Forum: General UK Immigration forum
Topic: visa national overstayer marrying romainan (advice needed)
Replies: 9
Views: 4908
Ireland

Re: ok

After you get married you can apply for 5 year residence card. The FMRS is only in cases where transitional periods apply. For a family member of a self employed person, you can apply straight for the 5 year residence card. You need to fill form BR5 Absolutely correct. I didn't realise that the EEA...
by Obie
Tue Sep 01, 2009 12:22 pm
Forum: General UK Immigration forum
Topic: visa national overstayer marrying romainan (advice needed)
Replies: 9
Views: 4908
Ireland

Firstly, you will need to apply for a COA, and because you are an overstayer, without at least 3 month left on your passport, you will need to provide evidence that you relationship has been subsisting. The processing takes about 3 months. If you are successful and able to obtain the COA, you will b...
by Obie
Mon Aug 31, 2009 1:51 pm
Forum: Europe immigration forum
Topic: Entry to Spain via 2004/38/EC for non EU citizen
Replies: 21
Views: 3125
Ireland

I can say with almost certainty, that if the Spanish consulate in Bangkok, facilitate her entry, bearing in mind your relationship status, they will facilitate her residency in Spain as well. If you obtain a visa from a Schengen country like Sweden, which accepts application from cohabiting couples,...
by Obie
Mon Aug 31, 2009 1:24 pm
Forum: Europe immigration forum
Topic: Entry to Spain via 2004/38/EC for non EU citizen
Replies: 21
Views: 3125
Ireland

I suspect Germany will accept a Schengen visa issued by another Member state. We have been told by the OP, that he intends to settle in Spain with his partner. I am yet to be convinced whether or not he will be able to convince the Spanish authority to process his partner's residency once she is in ...
by Obie
Mon Aug 31, 2009 11:45 am
Forum: Immigration for family members
Topic: OVERSTAY OR NOT? PLEASE HELP
Replies: 1
Views: 808
Ireland

You are not allowed to switch to the Spousal visa with your current leave.

As you current leave was due to you relationship to your previous partner, you continued stay in the UK for a considerable length of time when that relationship has subsided, could be considered as unlawful.
by Obie
Mon Aug 31, 2009 11:19 am
Forum: Europe immigration forum
Topic: Entry to Spain via 2004/38/EC for non EU citizen
Replies: 21
Views: 3125
Ireland

OP i could write what the respondent in the other forum wrote, which is perfectly right. However not all member states go by the book, they omit and insert rules, which are not on the original directive. I have gone through the extra length of getting information on how the Spanish carry out their p...
by Obie
Mon Aug 31, 2009 11:07 am
Forum: Europe immigration forum
Topic: EEA FAMILY PERMIT VISA APPLICATION PROCEDURE
Replies: 13
Views: 2443
Ireland

EEA permit doesn't take that long to process. It is given the utmost priority in comparison to other Entry clearance category. You probably mean 3-6 weeks to process. If they take longer than that, the matter should be reported to solvit as it is illegal under EU law. OP, you need to submit the marr...
by Obie
Mon Aug 31, 2009 11:00 am
Forum: Europe immigration forum
Topic: Entry to Spain via 2004/38/EC for non EU citizen
Replies: 21
Views: 3125
Ireland

Hi Op, Please read the transposed version of Directive 2004/38 into Spanish Law. That is if you understand Spanish of course. Article 3(2) family members don't have absolute rights, and member states are oblige to process their entry and residence in accordance with their national law. I understand ...
by Obie
Mon Aug 31, 2009 10:46 am
Forum: Europe immigration forum
Topic: Entry to Spain via 2004/38/EC for non EU citizen
Replies: 21
Views: 3125
Ireland

Also see: Article 2. Application to family members of the citizens of a Member State of the Union or of another State Party to the Agreement on Space Economic Area. This Royal Decree also applies, any regardless of nationality, and as provided by this, the relatives of a citizen of another Member St...
by Obie
Mon Aug 31, 2009 9:43 am
Forum: Europe immigration forum
Topic: EEA FAMILY PERMIT VISA APPLICATION PROCEDURE
Replies: 13
Views: 2443
Ireland

Under EU law, the marriage certificate (Evidence of relationship) and the passport or ID card of EU national (Evidence of EU Citizenship) are the two most important documentation required for your permit to be processed. I suspect your application will not be accepted without your marriage certifica...
by Obie
Mon Aug 31, 2009 9:38 am
Forum: Europe immigration forum
Topic: Entry to Spain via 2004/38/EC for non EU citizen
Replies: 21
Views: 3125
Ireland

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