Immigrationboards.com

Hi,
I am a UK citizen and I have applied for my husband to join me and our son in the UK but he has been refused and we have had the appeal refused due to his previous immigration history (he entered UK illegally using a fake passport).

I have been told ny the immigration judge that I can join him in his country. However it is not possible as I have the whole of my family in UK and have credit in the UK. Which was not considered by the judge.

I am thinking of moving to Ireland with our son and exercising treaty rights there. How long will I have to be in Ireland before I can make an application for my husband to join us and will there be any difficulties due to his immigration history in UK and being refused a spouse visa in the UK.

Also if it is possible to go to Ireland could anyone tell me the process and what evidence of a relationship would be needed and if we get a visa can he come back to England as he will need to stop at Heathrow to come to Ireland from his country as there are no direct flights and also to visit to see my family?

There is no minimum period as such for you to stay in Ireland or anywhere else in eu for your husband to apply to join you. Eu laws are same througout the eu, and basically you will need to provide the proof that you are "exercising treaty rights". You should either be working, or studying and self sufficient to prove this. Trawl through the forum, and you will find that this has been discussed hundreds of times. Your husband previous immigration history in UK shouldnt cause you any trouble. Keeping in mind your husbands immigration history, if he ever turns up at any UK airport, he would be put on next flight back home and UKBA wont even let him transit through UK. Its best not to even think about him being able to transit through UK, let alone visit your family.