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Visa revoked in 2017 >> Advice please

Forum to discuss all things Blarney | Ireland immigration

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Ahmed1611
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Ireland

Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Wed Feb 05, 2020 9:03 pm

Hi guys i am living in Ireland since November 2005 i got married in 2012 and had stamp 4EU Fam issued July 2012 and 5years stamp 4EUFam December 2012 but due to financial reasons me and my wife were living separate(Not a legal separation though) from July 2015 but i always had good relation with my wife and my new born daughter looked after them as best as i can.. During that time my wife was on single parent benefit but in October 2017 Department of justice revoked my visa saying my wife is not exercising her EU treaty
right.. In 2017 November we had car accident and after that accident my wife and daughter was only 2 years were not well because of accident and i started living 4-5 days a week with my wife and daughter but in April 2018
my wife had laceration on her left wrist and she was admitted in Connolly hospital had surgery at that point i moved permanently with my wife and daughter.

And then again in May 2019 god blessed us with Second child a boy.. We applied for his Irish passport and upto this date we are waiting for passport in this process DFA requested my wife’s documents and we submitted
all the documents and they shred those documents and they confirmed us it was an accident.. We then resubmitted documents again in October 2019 and
DFA is saying because my visa was revoked my daughter’s passport is in danger

Question is:- Immigration letter doesn’t say from when my visa is revoked can you please advise me what am I supposed to do write for review? It was a mistake I listened to my solicitor not to review revocation.. Your valuable advise is required thanks in advance

sparrow892
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Re: Visa revoked in 2017 >> Advice please

Post by sparrow892 » Wed Feb 05, 2020 9:31 pm

Where is your wife from ? Your daughter get passport on your behalf or on your wife behalf ?

Ahmed1611
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Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Wed Feb 05, 2020 10:25 pm

Wife is from Latvia
Child hot passport on my behalf

Ahmed1611
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Posts: 9
Joined: Sun Oct 06, 2019 8:47 pm
Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Wed Feb 05, 2020 10:26 pm

Both kids are from same marriage

sparrow892
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Re: Visa revoked in 2017 >> Advice please

Post by sparrow892 » Wed Feb 05, 2020 10:31 pm

How old is the daughter in what year she born and in what year mother arrived in the state.

Obie
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Location: UK/Ireland
Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Obie » Wed Feb 05, 2020 10:34 pm

The kids can claim rights through their mother's residence. Why was the claim not made on that basis?
Smooth seas do not make skilful sailors

sparrow892
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Re: Visa revoked in 2017 >> Advice please

Post by sparrow892 » Wed Feb 05, 2020 10:47 pm

Obie is right, kids rights should be made on mother behalf.

Ahmed1611
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Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Wed Feb 05, 2020 10:56 pm

Mother came to Ireland in 2009 > Finished working in july 2013 > went to My home country for 4 months > never worked since then
Child born in September 2015 > I applied childs passport on mother’s first and we were not able to proof mother was in country from December 2014 to September 2015 > DFA wouldn’t accept any hospital letters for what ever reason and I didn’t understand that up until now.. Then my solicitor advised me to apply on my behalf

sparrow892
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Re: Visa revoked in 2017 >> Advice please

Post by sparrow892 » Wed Feb 05, 2020 11:01 pm

You should get your daughter latvian passport based on mother, and after 5 years of residency your daughter herself would be eligible for Irish passport.

Ahmed1611
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Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Wed Feb 05, 2020 11:23 pm

Perfect thanks for that.. Now shall i do same wuth my son? And what about my Stamp 4 based on Irish born child

Obie
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Re: Visa revoked in 2017 >> Advice please

Post by Obie » Wed Feb 05, 2020 11:46 pm

sparrow892 wrote:
Wed Feb 05, 2020 11:01 pm
You should get your daughter latvian passport based on mother, and after 5 years of residency your daughter herself would be eligible for Irish passport.
Under Irish nationality law the mother only need to show residence in Ireland, and based on the information you provided, she appears to have accrued the necessary residence.
Smooth seas do not make skilful sailors

Ahmed1611
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Joined: Sun Oct 06, 2019 8:47 pm
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Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Thu Feb 06, 2020 1:01 am

But correct me if i am wrong please.. She will need to go through Naturalisation process am I correct in saying that? But question is DFA us not issuing my Son’s passport because my visa was revoked they are asking me to contact DOJ if I request review what are thr chances you think reading my situation will i get positive or negative response?

Obie
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Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Obie » Thu Feb 06, 2020 1:16 am

If she makes a declaration under Section 6B (2) that she has been residing in the state in 3 of the 4 years leading to the birth of your child, then the child will qualify for Irish nationality. The 3 years does not need to be continuous.

It does not matter if she was not exercising treaty rights in the state.

http://www.irishstatutebook.ie/eli/2004 ... /html#sec4

She needs to fill form A and the child will be able to get Irish passport.

https://www.google.com/url?sa=t&source= ... ZvfWMJ7dzX

It is unlawful for them to ask an EEA national to provide proof of her residence. A simple declaration shall suffice.

Only if the EEA national is found to have recklessly given false declaration, would she be penalised.

Given the dates you provided, I can say the lawyers were very incompetent. They ought to know better. I am disappointed with them.
Smooth seas do not make skilful sailors

Ahmed1611
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Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Thu Feb 06, 2020 9:09 am

Hi Obie, I submitted application with this declaration form A snd five years documents of my wife when case handler requested me to do so this was last year and she confirmed she have shred those documents i wish I could attach that letter.. I resubmitted those documents and waiting for over 4 months

So am i disappointed with my Solicitar i am thinking of getting second opinion i feel my Solicitar is useless

Obie
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Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Obie » Thu Feb 06, 2020 11:27 pm

I am confident that based on the information you have provided, your child is an Irish citizen, and upon completion of the necessary which includes the necessary declaration, should be able to obtain an Irish passport.
Smooth seas do not make skilful sailors

Ahmed1611
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Posts: 9
Joined: Sun Oct 06, 2019 8:47 pm
Ireland

Re: Visa revoked in 2017 >> Advice please

Post by Ahmed1611 » Thu Feb 06, 2020 11:38 pm

Obie thank you for giving me moral support and Hopefully now everything will go well for us

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