Non EU spouse moving to Ireland with EU husband

[Emc]

hi all, thanx for all your advise and help, as you know being under immigration rules can be very complicated, so my husband and changed our choice of country to Ireland. The truth is my spouse visa to UK was refused and we want to go the EU route. After i got my Schengen visa to France as our first choice of residency, my husband sugested going to Ireland, cos we both speak english.

Thats where my problems begin...with Irish visa. My God, French are soo good and easy!!! Irish not so much!

I have spoken to Irish embassy and explained all the situation, seems like they havent heard much about freedom of movement, they even said that my British husband doesnt have a right to reside in Ireland ... well that was a call center operative. I have explained that he CAN and so can i as his wife. So my options are getting a VISA TYPE C 90 days and providing return tickets for both, but the lady on the phone said i wont be able to registar with local Garda in Ireland and they will deport me, cos i need a long term visa, which means my husband has to travel there alone and get a job and then i can aply, it means a separation for a long time, which is horrible. Please help with advise what shall we do?

[Wanderer]

hi all, thanx for all your advise and help, as you know being under immigration rules can be very complicated, so my husband and changed our choice of country to Ireland. The truth is my spouse visa to UK was refused and we want to go the EU route. After i got my Schengen visa to France as our first choice of residency, my husband sugested going to Ireland, cos we both speak english.

Thats where my problems begin...with Irish visa. My God, French are soo good and easy!!! Irish not so much!

I have spoken to Irish embassy and explained all the situation, seems like they havent heard much about freedom of movement, they even said that my British husband doesnt have a right to reside in Ireland ... well that was a call center operative. I have explained that he CAN and so can i as his wife. So my options are getting a VISA TYPE C 90 days and providing return tickets for both, but the lady on the phone said i wont be able to registar with local Garda in Ireland and they will deport me, cos i need a long term visa, which means my husband has to travel there alone and get a job and then i can aply, it means a separation for a long time, which is horrible. Please help with advise what shall we do?

To be honest why not reapply for spouse visa, the EEA route while easy in theory is a nightmare in practise. Spouse visas from Russia are rarely refused - what were the grounds?

Best to address the issue on the refusal IMHO.

Udachi...

[Emc]

Thanx for suggestion, but barristar advised us this way and my husband already quit his job to move abroad with me, also we thought it would be a little adventure to live abroad for a year, cos till we have kids we can do it and have fun and work.
Its just very frustrating that Irish seem to be ignoring all the EU Directive laws. We are already apart in different countries and dont want to stay apart any longer. I was told bi Irish visa dep that if i get a visa C type i wont be able to change it in Ireland for residency based on being married to EU member, Is that true?

[Wanderer]

Thanx for suggestion, but barristar advised us this way and my husband already quit his job to move abroad with me, also we thought it would be a little adventure to live abroad for a year, cos till we have kids we can do it and have fun and work.
Its just very frustrating that Irish seem to be ignoring all the EU Directive laws. We are already apart in different countries and dont want to stay apart any longer. I was told bi Irish visa dep that if i get a visa C type i wont be able to change it in Ireland for residency based on being married to EU member, Is that true?

The legal profession unless immigration specialists are useless, I'd take the consensus of advice here before any solicitor.

Does ur husband have a job/residency in Ireland yet - that might be the best first step...

[Emc]

no job yet, my husband has never been to Ireland yet. We just wanted to arrive there and then for him to get a job

[Wanderer]

no job yet, my husband has never been to Ireland yet. We just wanted to arrive there and then for him to get a job

Well I'm no expert on EEA route but I think it works like this.

1. U apply for Irish visit visa (Ireland is not Schengen) - not easy..

2. Meet ur husband there.

3. He gets a job.

4. After three months apply for Irish EEA FP (whatever it's named) by dint of ur husband exercising his treaty rights.

I could be wrong tho....

[Emc]

Thank you Wanderer, that is what i thought too, but those call operators in visa department of Irish consulate just told me i wont be able to do that. I ve checked the ''Guide on how to get the best out of Directive 2004/38/EC '' again and it clearly states that EU member states must not ask Non EU family member to provide return tickets to get a visit visa only to confirm the relationship, in my case -marriage. But the Irish visa people still ask! I am going to do that , get the visit visa and meet up with my husband, rent a flat, he ll get a job and i ll get residence card. I hope !

[Wanderer]

Thank you Wanderer, that is what i thought too, but those call operators in visa department of Irish consulate just told me i wont be able to do that. I ve checked the ''Guide on how to get the best out of Directive 2004/38/EC '' again and it clearly states that EU member states must not ask Non EU family member to provide return tickets to get a visit visa only to confirm the relationship, in my case -marriage. But the Irish visa people still ask! I am going to do that , get the visit visa and meet up with my husband, rent a flat, he ll get a job and i ll get residence card. I hope !

I'd imagine the Irish would be like UK - no switching from visit visa. Remember at this stage u r not applying as a EEA Family Member.

I think I'll bow out of this - I feel like I'm giving wrong advice, don't want to cause u problems.