EEA Family Permit refused for Irish Dual National Sponsor

PAVA10 · Post by **PAVA10** » Wed Aug 08, 2007 7:39 pm

I was born in the UK and am currently living and settled in the UK (own a property and work here). My father is irish and I consequently have dual nationality. I currently only hold an Irish passport and have done for some time.

I recently married my fiance in Peru and took all the documents required for an EEA family permit. Whilst this all appeard to be in order we were called last minute (before collecting the visa) to be told that they could not accept the application because:-

1. My marriage certificate did not state I was born in Ireland, even though I had an Irish passport

2. I needed documented proof (stamp in my passport) to show that I am settled and have indefinite leave to remain in the UK

Having contacted the Irish Embassy today I was told that Irish citizens never need documented proof to show that they can live in the UK. I am very concerned about the decision made, and now back in the UK without my wife of one week. This is very distressing. Could anybody please advise?

Thanks

yankeegirl · Post by **yankeegirl** » Wed Aug 08, 2007 8:08 pm

Gosh I don't know what to say. I'm really sorry to hear that. Irish citizens do not need any endorsement in their passports. My husband is Irish and has no such thing in his passport and I did manage to get the family permit. With regards to the birth certificate, in my opinion that is just completely absurd. You don't have to be born in Ireland to be an Irish citizen.

What documentation did you submit with the application? Did they give you any idea of if/how to appeal?

PAVA10 · Post by **PAVA10** » Wed Aug 08, 2007 8:41 pm

We submitted all documentation required for the EEA Family Permit. Legalised copy of my Irish Passport, my original birth certificate, letters confirming I own my own home, letters confirming my employment and salary, bank statements confirming my savings.............all orignals and copies were presented. In addition we had full documentation providing evidence for our relationship.......photos, letters, letters from family, wedding resevation in UK..........return flight bookings to UK........

We were told that we either 1) needed to change the marriage certificate / get my proof of being settled in UK or 2) I needed to apply for a British passport and apply for a spouse visa that way

Any more guidance would be appreciated

yankeegirl · Post by **yankeegirl** » Wed Aug 08, 2007 8:56 pm

Ok, did your marriage certificate list your correct place of birth? If so, then you can't get that changed obviously. (I apologize about my previous post, I thought you were talking about your birth certificate lol).

So, if I'm understanding it right you are already living/working in the UK. For the life of me I can't understand why it was refused. You submitted all of the same documentation that we did (even more so!). The evidence you provided should have been enough to show that you are settled in the UK. I would say to appeal, but to be honest I'm not sure of the ins and outs of it. There are a few on here that have a wealth of knowledge and hopefully they'll have some ideas.

Good luck and hang in there!

PAVA10 · Post by **PAVA10** » Wed Aug 08, 2007 9:10 pm

I am indeed already living in the UK. The marriage certificate (in spanish) stated "Natural de". I am now wondering whether or not this is the same as birthplace. It did however require a town to go with the country so maybe I need to change the marriage certificate to say Galway, ireland (my father's birthplace).

Just to confirm, this was advice given to us. The visa was not rejected but withdrawn impending "correct" evidence as advised.

limey · Post by **limey** » Wed Aug 08, 2007 11:44 pm

PAVA: What year were u born in the UK? (Read below)

Also, why should your marriage certificate say you were born in Ireland when you were born in the UK? Sounds strange.

Here are the UK rules for EEA Family Permits for u to read up on...
http://www.ukvisas.gov.uk/servlet/Front ... ur%20seven

You don't need to have been given Indefinte leave to remain in the UK to qualify for a Family Permit. Also, your Irish citizenship gives u that anyway.

Another EEA Family Permit site with the rules...
http://www.ukvisas.gov.uk/servlet/Front ... ur%20seven

From Wikipedia.....
UK born children of Irish citizens
Prior to 1983, anyone born in the UK other than the child of a diplomat was automatically British by birth.

From 1 January 1983 an additional requirement was put in place that one parent should be a British citizen or 'settled' in the United Kingdom. Irish citizens are automatically deemed to be "settled" in the United Kingdom. Since 2 October 2000, this is a more favourable status than that given to citizens of other EU and EEA member states. [1]

See here...
http://en.wikipedia.org/wiki/British_na ... of_Ireland

Docterror · Post by **Docterror** » Thu Aug 09, 2007 7:06 am

limey wrote:Another EEA Family Permit site with the rules...

They are both the same DSPs.

VictoriaS · Post by **VictoriaS** » Thu Aug 09, 2007 10:40 am

Was it the ECO or the courier firm (DHL, VFS etc) who refused to accept the application? That is absolutely disgusting. Your application is perfectly valid, these morons really don't know what they are talking about. You do not need any of the documenhts they are claiming.

Victoria

thsths · Post by **thsths** » Thu Aug 09, 2007 2:28 pm

PAVA10 wrote:1. My marriage certificate did not state I was born in Ireland, even though I had an Irish passport

Hm, your marriage certificate should state the place of birth, but it is not really relevant for the application. Even the nationality at the time of marriage is irrelevant. So you can probably ignore this.

2. I needed documented proof (stamp in my passport) to show that I am settled and have indefinite leave to remain in the UK

ILR should be implied in your Irish nationality. However, you should produce a proof of address (two utility bills) as usually. Legally this may not be required, but if it satisfies that power that be, why not include them?

If it is rejected again, you should escalate the issue. Speak to a supervisor, get SOLVIT involved, complain to your consulate (Irish in this case) or to the European commission. Usually this works.

JAJ · Post by **JAJ** » Thu Aug 09, 2007 11:53 pm

thsths wrote: If it is rejected again, you should escalate the issue. Speak to a supervisor, get SOLVIT involved, complain to your consulate (Irish in this case) or to the European commission. Usually this works.

It should also be possible to make an official complaint to UK Visas. It is also possible to involve his Member of Parliament.

thsths · Post by **thsths** » Fri Aug 10, 2007 11:17 am

JAJ wrote:It should also be possible to make an official complaint to UK Visas.

You can, but I would be surprised if it had any success. When I launched a complaint, Igot a receipt about a month later, and never heard about it again.

It is also possible to involve his Member of Parliament.

Yes, that is another good option.

efrenirvana · Post by **efrenirvana** » Wed Aug 22, 2007 12:21 pm

VictoriaS · Post by **VictoriaS** » Thu Aug 30, 2007 12:36 pm

Where is the application being made? I expect that the confusion here was because the application was being made in Peru and they are not familiar with the rules.

Victoria