EU family permit to UK for my NON-EU wife

[przemowild]

Hello
I would like to ask you for your advice.
I am EU citizen (polish) and i am married with cuban citizen. I live in Ireland, she is in Cuba at the moment
We applied for irish visa but we got refusal. Reason: no enough evidences of our relationship.
Our history is not very long, we have met in April 2007 in Cuba, 2 months later I went back and we got married. We are in touch every day, i was sure that visa will be granted so i was saving money for our new life and that's why we have seen each other only twice. I was living with her and her family during this time.
Now because there is no possibility to be together in IRL, i leave everything, i leave my good job i am moving out from Ireland. I bring my wife to Poland and i am going to apply for UK visa for her.

My questions are:
1. Irish visa refusal will affect application to UK?
2. I have a very good 2,5y history of employment in Ireland but i have founded information that i have to present UK or Polish employment history. Can't i go to UK with my wife if i am employed in other country, not my homeland?
3. What i can do to avoid situation that UK embassy will say that our marriage is sham? What kind of evidences except pictures, flight tickets, thousands emails, movies, money transfer confirmations ( to prove that i support my wife), can i present?
4. If I want to go with my wife together to UK, do i have to find a job before?
5. What can i do to increase our chance for visa?
6. Is 3 months polish visa valid as a lawfully residence in other Eu State or not? Do we have to get a residency card in Poland?



Thank you for help

[Mr Rusty]

I don't know about Ireland, whether they've interpreted the EEA rules correctly or not, but UK rules about EEA marriage applications are that the onus of proof is on the visa officer or caseworker to show that you have contracted a marriage of convenience and your wife has no intention of living with you once she gets to Europe. They have to prove that, you don't have to prove that it is a "genuine relationship".
The argument that it is a marriage of convenience will be a lot stronger if you get off the boat from Ireland and she makes an application straight away for a UK EEA family permit.
My advice would be to come to the UK, get a job and apply for your own residence permit as soon as you like. Wait a few months then she can make her application. As you would then be quite obviously exercising your treaty rights here, there would be no reason to refuse her. After all, who would leave a good job in one country and move to another, simply to facilitate someone's illegal entry?
Take a bit of time and you'll get there in the end. If in the meantime, if she gets a visa to visit Poland, so much the better, but of course that would be expensive for you. My instinct is that while she could make the EEA application in Warsaw, she would be better doing it in Havana.

[przemowild]

Thanks Rusty for your reply.

Truth is that we are in love, head over heels! We can't live without each other and we can't be separated for so long. We were counting days because we were sure that we will get irish visa and now we are devastated. We want to be together as soon as possible. As far as I know, she has to fly to Poland because of EU treaty rights and rule that she has to be lawfully residenf of other EU state to get british residency.

Irish Immigration Office doesn't need to produce any proofs to reject application. We haven't got any explanation. Just: NO ENOUGH EVIDENCES. It depends on clerks mood or they just do everything what possible to decrease number of immigrants. The most funny thing is that NON-EU person on work permit has more rights to bring family here.

I am happy of your information that UK has other regulations in this matter. Maybe we will win.

All i need is to be with my wife...