Help, Spouse of EU Visa

[Rasaf]

it's been a while since I last posted,

Im am in Ireland now and have been for about a month and a half, I have applied for my wifes visa in Karachi, Pakistan.

the documents were received around the 20th of October, and were forwarded to Dublin, received in Dublin on the 27th

I went down today to find out whats happening with the application today and to inform them that I have moved.

I guy said we were waiting on some documents, and said a letter was sent out on the 12th of october.

I have just picked up the letter from my old address and have asked for

"Evidence of being employed / self employed in the state or engaged in a valid vocational training programme or have sufficient financial resources and comprehensive sickness insurance cover"

[Ben]

Hi Rasaf.

Did you send the required evidence?

[Rasaf]

no, at the time of filling in the application I had just arrived in Ireland.

I was also under the impression that I would not need to supply any thing other then a copy of my passport my wife's passport and our marriage cert with translation, I also supplied info about our Marriage and some photo's

I am now self employed only recently started (since the week end) , as I wasn't having much luck finding work, I have not filled any paperwork in yet, to register my self as self employed, will do that today.

[Ben]

The thing is, your wife's right to reside in Ireland is derived from you (by the way, I assume you're an EU national, not an Irish national?).

You have a right to reside in Ireland for up to three months, without any conditions or formalities other than the condition to hold a valid passport / National ID card.

You have a right to reside in Ireland for more than three months if you are working, self-employed, studying or economically self-sufficient.

If you have been in Ireland longer than three months, then it is correct that the DoJ seek evidence that you have a right to reside, in order to affirm that your wife has the right to join you.

Any hoot, since you're now self-employed, simply submit evidence of this, as requested. Job done.

[Rasaf]

Thanks for your reply, I only came to Ireland on the 31st of September and went back on the 7th of November for 3 days,

I have only started being self employed and do not have anything to submit at the moment, I will be registering today, and I am not sure that I will receive any thing to prove I am self employed today or within the next few days

[Ben]

In that case, you last entered Ireland on 10th November, correct?

So, your right to reside in Ireland is without condition until 10th February 2010.

The DoJ should not be asking for proof that you are exercising a treat right then, in that case.

But look, practically speaking, it may be hard to get that through to them. If I were you, speaking honestly, I'd submit evidence that I'm self-employed together with a letter stating that I am submitting this evidence voluntarily, reminding them that my right to reside in Ireland is unconditional until 10th Feb 2010 - I do not have to be exercising a Treaty right - and my wife has the right to join me during my period of residence.

That way, they see that you know your rights and, hopefully, they will play by the rules*.

*Possibly though, just possibly, any letters sent to the DoJ which are in addition to application forms and documentary evidence, are ignored by the DoJ - seen as unwanted, irrelevant inconvenience just taking up envelope space.

I digress.

[Rasaf]

What sort of evidence should I submit, at the moment all I am doing is repairing computers and laptops from a friends internet cafe.

[Ben]

I'm sorry, I don't know the procedure for registering as self-employed in Ireland. I've never looked into it.

As a self-employed person, you should really check this out though. I am sure that you will be required to file your own tax / PRSI returns, at the very least.

If it were me, I'd go to all or one of either the local FÃ

[Rasaf]

thanks for all the help, Im of to sort it out know

[Ben]

Welcome. Please let us know how you get on.

[Rasaf]

Hi, so it’s been a week since I wrote my letter and my wife has received her passport with her visa stamped.

with my letter I included a letter from the tax office stating that I had submitted an application to become self employed, but I think it was the bottom halve of the letter that counted, where I had mentioned the dates that I had entered Ireland. As this had not been mentioned anywhere before, and I’m guessing that they don’t actually check themselves unless its been mentioned before.

Anyway what I wanted to know is when my wife fly’s over from Pakistan to Birmingham, am I right in thinking that she would be aloud in the UK for 24hrs as she has a valid D Spouse visa, as I would like to come back to Dublin via the ferry.

Also if any one could point me in the right direction as so what documents are required as a sole trader for my wife’s EU Fam application

[Directive/2004/38/EC]

Rasaf

What is your citizenship?

I think she should be able to apply at the British Embassy for an EEA family permit. You will need to provide them with proof, like for the Irish, that you are self employed in Ireland.

They should issue the EEA family permit for free and do it quickly.

[Rasaf]

Hi Directive

I am British

I have booked my wife's flight to come to Dublin via Dubai.

I was under the impression that my wife would be able to travel to Dublin via the UK without another visa, however after phoning British High Commission, I was told that she would need another visa if she wanted to go to the UK and leave for Dublin via ferry the next day.

[Ben]

Rasaf

What is your citizenship?

I think she should be able to apply at the British Embassy for an EEA family permit. You will need to provide them with proof, like for the Irish, that you are self employed in Ireland.

They should issue the EEA family permit for free and do it quickly.

Unfortunately the OP's wife is not seeking to enter the UK in accordance with the provisions of the Directive - and so she wouldn't qualify for an EEA FP.

[Directive/2004/38/EC]

Unfortunately the OP's wife is not seeking to enter the UK in accordance with the provisions of the Directive - and so she wouldn't qualify for an EEA FP.

Sorry - you are right that if the EU person is not there, then there are not grounds to issue the EEA Family Permit.

Maybe he can meet her in the UK and travel back with her. Book two cheap Ryanair tickets....

[Ben]

Possibly. But being that the OP is a British citizen..

• Has the OP being pursuing economic activity in Ireland (the UK would want this to have been for at least six months, too)?
• If so, is he returning to the UK with the intention of pursuing economic activity there? He isn't, sadly - he'd only be going for a visit.

So I don't think he could use Singh.

But let's say he was pursuing economic activity in Ireland for at least six months, and that his intention was to pursue economic activity in the UK on his return there. I always thought that his family members would be entitled to move back to the UK with him (under the EEA regs), only if they were resident with him in Ireland immediately before the move? Or have I got that wrong? Do they not all have to "return" together?