Uk Spouse visa refused is EEA our best option

[chaoclive]

Fully understand Lunar! Just hope it all works out for you!!! All the best

[r4b]

Hi, again. I have been looking in the irish website and i cannot find the eea family permit. Would the irish version of this be the eu1 form.

[chaoclive]

You won't be applying for anything to do with Ireland if you're going to stay in NI. You would be applying for the EEAFP from the British Embassy in Thailand.

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If you were planning to live in Ireland, you would have to apply at the Irish Consulate in Thailand (although this may be sent to the Irish Embassy in Malaysia for processing) for a 'single journey short-stay C visa'. See here: http://www.inis.gov.ie/en/INIS/Pages/Sh ... ber_States
This is some of the key info:
"Type of visa: In the event that you decide to have your visa application considered on the basis of the Directive and it is approved you will be issued with a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months. In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen"



More details on the Irish entry visa are here: http://www.inis.gov.ie/en/INIS/Processi ... ective.pdf

The links look weird. If they don't open, please use your common sense and type the keywords into Google. The keywords are all the ones around ‘%20'.

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You need to be clear on what your wife is going to apply for.

[r4b]

You won't be applying for anything to do with Ireland if you're going to stay in NI. You would be applying for the EEAFP from the British Embassy in Thailand.

------

If you were planning to live in Ireland, you would have to apply at the Irish Consulate in Thailand (although this may be sent to the Irish Embassy in Malaysia for processing) for a 'single journey short-stay C visa'. See here: http://www.inis.gov.ie/en/INIS/Pages/Sh ... ber_States
This is some of the key info:
"Type of visa: In the event that you decide to have your visa application considered on the basis of the Directive and it is approved you will be issued with a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months. In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen"



More details on the Irish entry visa are here: http://www.inis.gov.ie/en/INIS/Processi ... ective.pdf

The links look weird. If they don't open, please use your common sense and type the keywords into Google. The keywords are all the ones around ‘%20'.

----

You need to be clear on what your wife is going to apply for.

Hi, yes sorry i should of mentioned that i am just looking at different scenarios as to how i could get my wife to the island of ireland. If i could arrange my sister to look after my kids for a short period and go down south with my British passport as if looking for work and bring my wife this way.

[LunarGirl]

Chaoclive is totally correct. When you seek legal advice it will save you precious legal fees by already being clued up on the procedure. Also, I recall reading in another forum that if you are applying under the Directive to bring your spouse to the UK you must apply at the British embassy to 'accompany' her to the UK if you are not a qualified person in terms of being a 'worker'. That is, you have to travel with her from Thailand to the UK. You should get this confirmed by the solicitor.

[LunarGirl]

R4B - I think you're doing the right thing - exploring all possibilities before doing the most drastic thing of all in renouncing your BC, which in my opinion should only be a last resort measure. Good luck with whatever you decide to do.

[r4b]

Chaoclive is totally correct. When you seek legal advice it will save you precious legal fees by already being clued up on the procedure. Also, I recall reading in another forum that if you are applying under the Directive to bring your spouse to the UK you must apply at the British embassy to 'accompany' her to the UK if you are not a qualified person in terms of being a 'worker'. That is, you have to travel with her from Thailand to the UK. You should get this confirmed by the solicitor.

Hi thanks for your reply, yes i was talking/thinking of renouncing my BC yes. Although im wondering about bringing her to Ireland as i have a British passport at the minute and exercising treaty rights. I am just so unfamiliar with any visa other than the uk souse visa.

[r4b]

R4B - I think you're doing the right thing - exploring all possibilities before doing the most drastic thing of all in renouncing your BC, which in my opinion should only be a last resort measure. Good luck with whatever you decide to do.

Yes thanks, i think its better to no all options that are available.

[r4b]

Chaoclive is totally correct. When you seek legal advice it will save you precious legal fees by already being clued up on the procedure. Also, I recall reading in another forum that if you are applying under the Directive to bring your spouse to the UK you must apply at the British embassy to 'accompany' her to the UK if you are not a qualified person in terms of being a 'worker'. That is, you have to travel with her from Thailand to the UK. You should get this confirmed by the solicitor.

Hi thanks for your reply, yes i was talking/thinking of renouncing my BC yes. Although im wondering about bringing her to Ireland as i have a British passport at the minute and exercising treaty rights. I am just so unfamiliar with any visa other than the uk souse visa.

Sorry lunagirl, do you mean if i was in Thailand and booked tickets and just arrived accompanied with my wife she would get in if i was to exercise my treaty rights as a worker. Or do you mean u have to get the permit 1st before we would leave Thailand.

[LunarGirl]

Sorry lunagirl, do you mean if i was in Thailand and booked tickets and just arrived accompanied with my wife she would get in if i was to exercise my treaty rights as a worker. Or do you mean u have to get the permit 1st before we would leave Thailand.[/quote]
Yes, you'd have to get the Family Permit first from the British embassy and then travel back to the UK together - if you were going the renouncing BC route and taking your wife to NI with you being an EEA national/Irish citizen.

If you decide not to renounce your BC and go to Southern Ireland to exercise your treaty rights then I think she can apply to get the EEA visa from the Irish embassy to 'join' you there, meaning you wouldn't have to travel with her.

I've been looking into all this for about a year now before finally deciding to renounce last November. We sought legal advice and also there are some good FB groups dedicated to just discussing this EEA visa route. You could maybe have a look at joining. There's a guy on there who has a Thai wife who travelled to Ireland to join him so he could do SS and get back to the UK.

[r4b]

Sorry lunagirl, do you mean if i was in Thailand and booked tickets and just arrived accompanied with my wife she would get in if i was to exercise my treaty rights as a worker. Or do you mean u have to get the permit 1st before we would leave Thailand.

Yes, you'd have to get the Family Permit first from the British embassy and then travel back to the UK together - if you were going the renouncing BC route and taking your wife to NI with you being an EEA national/Irish citizen.

If you decide not to renounce your BC and go to Southern Ireland to exercise your treaty rights then I think she can apply to get the EEA visa from the Irish embassy to 'join' you there, meaning you wouldn't have to travel with her.

I've been looking into all this for about a year now before finally deciding to renounce last November. We sought legal advice and also there are some good FB groups dedicated to just discussing this EEA visa route. You could maybe have a look at joining. There's a guy on there who has a Thai wife who travelled to Ireland to join him so he could do SS and get back to the UK.[/quote]

Do you have the address fb by any chance. There seems to be quite alot of options at the minute and the ss could be one of them. Also im kind of thinking before i renounce my BC would it be better to try to use my options with my British passport first. At least look into them anyway.. Thanks again i appreciate your help alot.

[LunarGirl]

I'm on my phone at the moment and I can't link so well but if you do a FB search on 'EEA visa..EU Free Movement' that particular group will show up. It has over a thousand members. It's a closed group so you'll have to request to join. Hope it can be of some use.

[r4b]

I'm on my phone at the moment and I can't link so well but if you do a FB search on 'EEA visa..EU Free Movement' that particular group will show up. It has over a thousand members. It's a closed group so you'll have to request to join. Hope it can be of some use.

Ok, i think i already sent a request for this one earlier in the day. cheers

[LunarGirl]

Ok good, there's another one called 'Filipino, Asian, Thai Free Movement Directive'.

[r4b]

You won't be applying for anything to do with Ireland if you're going to stay in NI. You would be applying for the EEAFP from the British Embassy in Thailand.

------

If you were planning to live in Ireland, you would have to apply at the Irish Consulate in Thailand (although this may be sent to the Irish Embassy in Malaysia for processing) for a 'single journey short-stay C visa'. See here: http://www.inis.gov.ie/en/INIS/Pages/Sh ... ber_States
This is some of the key info:
"Type of visa: In the event that you decide to have your visa application considered on the basis of the Directive and it is approved you will be issued with a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months. In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen"



More details on the Irish entry visa are here: http://www.inis.gov.ie/en/INIS/Processi ... ective.pdf

The links look weird. If they don't open, please use your common sense and type the keywords into Google. The keywords are all the ones around ‘%20'.

----

You need to be clear on what your wife is going to apply for.

Sorry to be a thorn in your side. The C visa then if i read correct it lasts up to 3 months, You do not have to prove financial requirements only evidence of marriage, exercising treaty rights etc. If the person who receives the c visa plans to stay longer than the 3 months then they apply for a residency card before the 3 months is up. The residency card can take up to 6 months but while waiting for it you can stay.

[Graham Weifang]

hI, Is an EEA2 different form the eeafp. I never heard of this one. Yes i spoke to the law centre and they are due to call me on tuesday again. i also will speak to someone from Madden and Finucane solicitors who i have to call on Monday.
I found this in one of the appendix. Maybe its relevant to my case maybe not.
20. Being in receipt of these benefits may affect a person’s right of residence because the
person cannot generally be said to be self-sufficient. However, EEA nationals with a right to
reside are able to claim other benefits such as child benefit. Also, EEA nationals exercising
treaty rights as workers, self-employed, job seekers and workers who are involuntarily
unemployed or inactive due to illness or injury are able to claim certain income-related benefits
without their right of residence being affected.[/quote]
.
When you are in the host country, ie, not your own citizenship country, your non-eea wife will apply for an EEA-FP.
This is gained from the UK embassy in the host country.
The requirements are essentially known as "Surinder Singh" route.
The EEA-FP is valid for 6 months and it is headed UK ENTRY CLEARANCE
"VISA EEA FP: FAMILY MEMBER TO ACC [your name] and has your wife's name, photo, etc.

Then this is your entry into UK, and is valid for 6 months, any number of entry / exit's

After you arrive in UK, you and your wife complete.EEA2 form, providing the same information that you submitted to gain the EEA-FP in the host country, plus £55.00
A week or two after sending in the documentation, you should receive a Certificate of Application (CoA) this will either confirm "Right to work" or not.

After 3-4 months you should receive all your documents returned, and another vignette in your non-eea wife's passport.
This latest vignette is headed UK RESIDENCE DOCUMENTATION
It has your wife's name, photo, and date of issue, and the 5 year date of expiry.

GW

[r4b]

hI, Is an EEA2 different form the eeafp. I never heard of this one. Yes i spoke to the law centre and they are due to call me on tuesday again. i also will speak to someone from Madden and Finucane solicitors who i have to call on Monday.
I found this in one of the appendix. Maybe its relevant to my case maybe not.
20. Being in receipt of these benefits may affect a person’s right of residence because the
person cannot generally be said to be self-sufficient. However, EEA nationals with a right to
reside are able to claim other benefits such as child benefit. Also, EEA nationals exercising
treaty rights as workers, self-employed, job seekers and workers who are involuntarily
unemployed or inactive due to illness or injury are able to claim certain income-related benefits
without their right of residence being affected.

.
When you are in the host country, ie, not your own citizenship country, your non-eea wife will apply for an EEA-FP.
This is gained from the UK embassy in the host country.
The requirements are essentially known as "Surinder Singh" route.
The EEA-FP is valid for 6 months and it is headed UK ENTRY CLEARANCE
"VISA EEA FP: FAMILY MEMBER TO ACC [your name] and has your wife's name, photo, etc.

Then this is your entry into UK, and is valid for 6 months, any number of entry / exit's

After you arrive in UK, you and your wife complete.EEA2 form, providing the same information that you submitted to gain the EEA-FP in the host country, plus £55.00
A week or two after sending in the documentation, you should receive a Certificate of Application (CoA) this will either confirm "Right to work" or not.

After 3-4 months you should receive all your documents returned, and another vignette in your non-eea wife's passport.
This latest vignette is headed UK RESIDENCE DOCUMENTATION
It has your wife's name, photo, and date of issue, and the 5 year date of expiry.

GW[/quote]

Thanks Graham. appreciate this.