applying for a spousal visa from Ireland?

[megmog]

Hi all,

I just wanted to clarify something - my husband and I are residing in Ireland at the moment (me British, him South African) we are awaiting the outcome of our residency applicaton here - we are fairly sure we will be rejected (stupid irish immigration laws - i wont go into)

I just wondered if anyone knew if we decide to apply for a spousal visa to go to the UK, can we apply at the British Embassy in Ireland or will my husband have to return to SA?

[Platinum]

Read through this thread here

Short answer: can't apply from Ireland. The Irish DoJ have screwed us over on that point, too.

[megmog]

did they even refuse to give you a letter stating why have not stamped your passport?

[Platinum]

No. They just kept repeating that my situation is with the DoJ, and that the GNIB can't do anything. No letter, no stamp, nothing. Someone else on the Irish board said they'd also gone and argued with the GNIB about a stamp for hours and they were also refused.

I e-mailed the British Embassy again and asked if a normal 90-day visitor's visa could be used for applying through Dublin, and they said no. Calling the British Embassy is expensive, but I wonder if it might not be somewhat useful to have my husband (who is a UK citizen) call and present the ridiculous situation and see if they may have any other ideas.

I went to the Immigrant Council to ask if there was another way that wouldn't involve a €1000 plane ticket home, and they said no.

I called and e-mailed SOLVIT about it, and though they said they'd look into it, they couldn't promise anything and I shouldn't hold my breath.

I sent off a long, bitter e-mail to the new Minister for Justice, but I doubt he'll do anything. At the moment, I'm looking for my local TD to rant at.

[thsths]

I e-mailed the British Embassy again and asked if a normal 90-day visitor's visa could be used for applying through Dublin, and they said no.

Forget what the British Embassy says. In my experience, the answers given on the phone or by Email are mostly incompetent. All the competent people are busy handling the applications (I hope).

Have a look here: http://uk.sitestat.com/homeoffice/ind/s ... iew=Binary

In Section 2.2, it mentions exactly your case. I am still not sure what the conditions referred to are (anybody can help with this?), but they are exactly the same if you apply from Brazil or from Ireland without a proof of legal residence. So there is really no point in going to Brazil.

Just send your application, mention that your application is pending, and that you still satisfy the stricter requirements.

[Platinum]

It would be great if what you say is true, thsths, but I can't find anything in the link you provided that says I can apply from Ireland. I know I'm eligible for an EEA family permit. The question is whether I am eligible to apply from Ireland rather than my home country.

As far as I can tell, the British Embassies around the world are set up to deal with applicants who are legal residents of the areas in which they serve. Fair enough. However, I can't prove legal residence in Ireland.

Yes, I am eligible to live in the UK. As a matter of fact, since my husband is a British citizen who has been exercising his EU treaty rights in Ireland for three years, I am eligible for either a UK spouse visa or an EEA family permit (through Surinder Singh). Unfortunately, it looks like I'll have to fly back to the US to apply for either.

If you've got other info, or can point me to something specific about applying without a proof of legal residence in Ireland, please let me know!

[thsths]

It would be great if what you say is true, thsths, but I can't find anything in the link you provided that says I can apply from Ireland.

Sorry, wrong link. Try this document: http://uk.sitestat.com/homeoffice/ind/s ... iew=Binary , Section 2.2. I am still unsure what these conditions are, but maybe you can find that out.