Asylum, guidance requested

For Some reason i had to claim asylum in ireland,

1)My case is still in process, i am a non EU citizen
2)I have just married to a portugese national(i.e my husband) i m waiting for my marriage certificate to arrive.
3)my entry in ireland was not legal.
4)my spouse who is portugese national has lived and worked in UK for past 6 years, that is he doesnt lives in UK.


Please advice what should i do now to get my status regularise

Thanks for helpin me

Maria, can you say where the marriage took place? Why are you still waiting for the marriage certificate? Wasn't it handed to you at the ceremony?

There appears to be a contradiction in you no. 4. "my spouse who is portugese national has lived and worked in UK for past 6 years, that is he doesnt lives in UK". Does he currently live in the UK or not?

Which country are you from? And given that you have applied to asylum in Ireland, the reason(s) why it might be dangerous for you to return to your country to apply for an EEA Family Permit there?

If your husband is indeed still living in the UK, I am trying to work out if the British Embassy in Dublin would entertain an application from you for an EEA Family Permit, or simply refer you back to your country for you to apply there.

Do appreciate that wherever you apply there will be the need to prove that the relationship is real, and not a "marriage of convenience". Blunt question! How will you go about proving that? What evidence do you have to show that the relationship is real?

Thanks John for your reply, marriage took place in Republic of Ireland, waiting because I have been informed that it will be posted to my Home address in Ireland.

Regarding number 4, my spouse does lives in UK, but he came to Ireland to get married

I am from Bangladesh and Hindu, the reason, if it you makes u comfortable to answer my question is that I have married to a catholic therefore I will not be accept by my family any more, and there is a substantial amount of threat of life.

Yes me husband is still working in UK.

John I hope it would be more easier for u now to guide me, that what to do and in regards to your guidance I would also like to ask that as my spouse is Portuguese national living in UK, but we got married in Ireland, how will it effect my asylum case in Ireland, what is the best thing, i should do, which would be right for me

I'm sure that John is more versed in things like this, but I would like to add something very quickly, mariab.

The Irish Republic and the UK are separate countries. If you are in Ireland and your EU husband is in the UK, this is not going to help you very much. I believe that your husband needs to be in the same country with you in order to exercise his treaty rights as an EU citizen. As a result, I fear that your marriage will not benefit your case, asylum-based or otherwise, to stay in Ireland unless he joins you.

This doesn't mean that you can't join him in the UK as the spouse of an EU citizen. You just need to complete the proper paperwork with the UK immigration authorities. I'm guessing that this may be a more workable solution.

Good luck.

mariaB, what are you actually wanting to do? Presumably live with your husband! But he is in the UK and is clearly exercising his Treaty Rights in the UK.

You have the same Treaty Rights as your husband but you need an EEA Family Permit in your passport to prove it. By the way, where is your passport? With the Irish immigration authorities?

Given your reasonable hesitation about returning to your country to apply for your EEA Family Permit your best hope is to apply for that at the British Embassy in Dublin. The hope is that they will be prepared to entertain the application given your asylum seeker status in Ireland. I don't think it is certain that they would be prepared to entertain the application, but can merely hope that they will.

Your marriage! Can I ask how the two of you met? What was the sequence of events? And how come you ended up in Ireland claiming asylum there?

Earlier I asked :-

Do appreciate that wherever you apply there will be the need to prove that the relationship is real, and not a "marriage of convenience". Blunt question! How will you go about proving that? What evidence do you have to show that the relationship is real?

It really would be useful to have your comments about that. The reason I ask is that unless you prove the marriage is real there is a great danger that the British Mission dealing with your EEA Family Permit application will conclude that your marriage is a "marriage of convenience". It is essential that you and your husband prove that the marriage is very real!

I make that comment because one of the main reasons why the UK introduced its legislation regarding the need for many non-EEA nationals to obtain a Certificate of Approval to Marry was because of Portuguese nationals having a reputation for being prepared to enter into a marriage of convenience. Accordingly you and your husband need to provide very good proof that the marriage is real.

What was the marriage date? When did you and your husband last see each other face-to-face?

Under the Akrich ruling by the ECJ an EU member state does not have to grant an EEA family permit to a family member of an EU National exercising treaty rights where the said family member has no visa status or is otherwise 'illegal' in the relevant EU member state. The British consulate in Dublin can (and are likely to) refuse to grant the op an EEA family permit as she has no Irish Visa. The Akrich ruling does not apply to applications made in a non EU member state so it is best for the op to return home and apply for the EEA family permit there.