Urgent: Spousal visa delay even though processing dates have moved past application date

[Karenalison]

I'm writing this with a very heavy heart

The applications under join family EU section being processed currently are of date 04/06/2022, whereas my wife has applied on the 14th of April from India and it was received in Dublin on the 4th of May 2022.
https://www.irishimmigration.ie/visa-decisions/

We have been trying to get reunited since before COVID now and we've tried to contact immigration but all they come back with is your application is still being processed.

I feel like this is in breach of my EU treaty rights ( I'm an EU citizen), and my application may be discriminated against because it's a gay marriage. There is no good reason for verification to take long because we got married in Dublin itself so the processing should be more trouble free considering all the information should be available in the registry office Dublin.

Also I read that an individuals (who applied from Beijing under the same category) visa got processed within 2weeks. The response they're providing which is 'your application is being processed' is just not an acceptable answer since the dates have far proceeded from the dates we've applied for.

I'd really like some assistance in this as I'm feeling lost and don't know where to seek help from.
Apart from emails I've also sent in a physical mail but I'm sure they're going to send in the same response .

Any assistance would be greatly appreciated.

[littlerr]

If you are talking about the visa (which allows your spouse/partner to hop on a plane), that surely should take just 3-4 weeks on average, plus around a couple of weeks of transfer time between your local embassy and Dublin office.

It really shouldn’t take more than 5 months to process a straightforward application and I honestly don’t think being gay should be of any problem. Where were you married? Is there any possibility that the legality of the marriage certificate may be questionable? (E.g. I feel INIS likes to scrutinise marriage certificates from countries that allow you to get married without any notification/waiting period and without any background checks - e.g. Denmark, Las Vegas.)

There might be other issues that the authority discovered during the application process - for example, maybe your partner has a criminal offence (even minor things like parking or speeding) may be considered, maybe there are doubts relating to how the marriage certificate was obtained, maybe there were concerns regarding your proof of addresses/finance/employment (or your partner’s) etc. All of these will result in a delay.

If you believe there is no valid ground for them to delay the application, you should submit a complaint to the SOLVIT run by European Commission. It’s a simple web form that you can fill out. They have been proved quite helpful in sorting out delays in processing EU Treaty rights applications, and they are free.

https://www.citizensinformation.ie/en/g ... u_law.html

Alternatively, contact an immigration solicitor and ask them to threaten INIS with a court battle. This may not be cheap but INIS tends to avoid any legal battle by expediting the application.

[meself2]

Apart from emails I've also sent in a physical mail but I'm sure they're going to send in the same response .

Sometimes it helps (at least that's what helped me to get some form of a response from I IS, although my situation was completely different)
Do you reside in Ireland? If you move to it from third country without residence history it might cause delays and all

[littlejunkie]

You are not alone. I know atleast 15 persons awaiting a decision. SOLVIT Ireland is useless, after 10 weeks they will just say that they need more time to study the matter. You can contact the TD of the area your other half is living and he/she can check the status for you. The date shown as 04/06/2022 is not correct. Because they have submitted in the Irish Courts that they can't prioritise any application and all go through the queue. So i am just wondering how can a application submitted in August can be processed in 2 weeks ( nothing against the applicant)

[littlejunkie]

Is there any possibility that the legality of the marriage certificate may be questionable?

There might be other issues that the authority discovered during the application process - for example, maybe your partner has a criminal offence (even minor things like parking or speeding) may be considered, maybe there are doubts relating to how the marriage certificate was obtained, maybe there were concerns regarding your proof of addresses/finance/employment (or your partner’s) etc. All of these will result in a delay.

For this category of Visa you need to prove that
The is EU National who is exercising treaty rights in Ireland or intends to within 3 months of arrival

There is an existing relationship

Other than that the consular officer can't ask for any other documents, like finances, proof of accommodation etc. This has been confirmed by SOLVIT.

There are limited reasons when this visa can be refused , important one being whether it is a sham marriage.

[Karenalison]

That's what is really strange because we got married in Dublin! So processing should be very quick considering they can easily get the details off the registry office . we've got absolutely no criminal history everything about our application is perfectly fine.

I think a solicitor is the way to go if I don't get a response within 1/2 weeks for it would have been 6 months by then. That's half a year, unacceptable processing time frame to get just a short stay entry visa.

[Karenalison]

Apart from emails I've also sent in a physical mail but I'm sure they're going to send in the same response .

Sometimes it helps (at least that's what helped me to get some form of a response from I IS, although my situation was completely different)
Do you reside in Ireland? If you move to it from third country without residence history it might cause delays and all

Yep so I live in Ireland and have been living here since about 5 years now

[Karenalison]

If you are talking about the visa (which allows your spouse/partner to hop on a plane), that surely should take just 3-4 weeks on average, plus around a couple of weeks of transfer time between your local embassy and Dublin office.

It really shouldn’t take more than 5 months to process a straightforward application and I honestly don’t think being gay should be of any problem. Where were you married? Is there any possibility that the legality of the marriage certificate may be questionable? (E.g. I feel INIS likes to scrutinise marriage certificates from countries that allow you to get married without any notification/waiting period and without any background checks - e.g. Denmark, Las Vegas.)

There might be other issues that the authority discovered during the application process - for example, maybe your partner has a criminal offence (even minor things like parking or speeding) may be considered, maybe there are doubts relating to how the marriage certificate was obtained, maybe there were concerns regarding your proof of addresses/finance/employment (or your partner’s) etc. All of these will result in a delay.

If you believe there is no valid ground for them to delay the application, you should submit a complaint to the SOLVIT run by European Commission. It’s a simple web form that you can fill out. They have been proved quite helpful in sorting out delays in processing EU Treaty rights applications, and they are free.

https://www.citizensinformation.ie/en/g ... u_law.html

Alternatively, contact an immigration solicitor and ask them to threaten INIS with a court battle. This may not be cheap but INIS tends to avoid any legal battle by expediting the application.

That's what is really strange because we got married in Dublin! So processing should be very quick considering they can easily get the details off the registry office . we've got absolutely no criminal history everything about our application is perfectly fine.

I think a solicitor is the way to go if I don't get a response within 1/2 weeks for it would have been 6 months by then. That's half a year, unacceptable processing time frame to get just a short stay entry visa.

Also I have approached solvit and am hoping for some response within the month...the wait is just too much for everything
[/quote]

[littlerr]

If you haven’t done so, send a message to SOLVIT first. If they can’t help you for whatever reason, then go to a solicitor.

I have a feeling that they may have misplaced your application or lost some of the documentary proofs you provided. There is absolutely no reason that an application should be delayed for that long. Even applications that were rejected initially and then appealed shouldn’t take more than 4-5 months.

[Karenalison]

If you haven’t done so, send a message to SOLVIT first. If they can’t help you for whatever reason, then go to a solicitor.

I have a feeling that they may have misplaced your application or lost some of the documentary proofs you provided. There is absolutely no reason that an application should be delayed for that long. Even applications that were rejected initially and then appealed shouldn’t take more than 4-5 months.

I have sent a query to solvit and feel like it's going to take ages for me to get a response, I check my email like a mad person everyday hoping to get some resolution.