Eu treaty rights for non-eea Girlfriend

[joost]

Sorry to hear about your refusal :-/

You are right and I would strongly suggest to see a solicitor with experience in these things to review what your options are.

Their reason for refusal is a bit difficult to decipher as they don't say why she doesn't meet the requirements, but at least it looks like they were happy with the proofs of relationship you provide (otherwise the would also have the refusal code "RH - Relationship history"); so you are probably right it has to do with never having lived together.

I am pretty sure that if you get married they will have to grant her a visa (because then the 2 years relationship condition won't apply anymore); but I am not sure whether you should bring it forward in an appeal or a new application. I think the marriage of convenience route would ne a bit difficult for them as you could appeal to European institutions and you would be likely to win and make Ireland look bad (but again, better double check with a professional).

Let me know if you want the reference of the solicitor who helped my girlfriend and I with her visa application.

All the best to get things sorted.

#

Thanks jeupsy, i contacted brophy sollicitors is that the same one you used?

[jeupsy]

Yes I went through them as well. Here is the person who dealt with our case: http://www.brophysolicitors.ie/brophyso ... _McCoy.htm

She seemed to have handled quit ea number of EUTR applications and to be familiar with what they are expecting to approve an application.

Good luck with that!

[joost]

Hi all,

Just an update and some more questions. I spoke with a solicitor about a month ago and she advised me to indeed get married as appealing in our case would be very difficult (Due to living together requirement). I'm actually in my girlfriends country now and due to get married next week

We are now aiming for her to come to Ireland in August/September.

1) How long should we expect a join spouse Eu Citizen entry visa application to take?
2) is there a fee involved? when she applied as Join partner EU citizen we were told to pay €100,- is this fee also applicable for spouses?

Thanks,

Joost

[jeupsy]

Congratulations then

The visa should be issued based on an expedited process and free of charge. Usually by expedited process, they mean that the decision can be made directly at the embassy (no need to send the application to Dublin) and within a month - but I think last time you had to apply in Dublin on her behalf, and I am not sure what the story is in that case.

Having said that, it should have been the exact same thing when she applied as the partner of an EU citizen as it was also an EU Treaty Rights application. So if they didn't follow the rule last time they might break them again :-s (but i think they are more likely to follow the process for a married couple)

[joost]

Congratulations then

The visa should be issued based on an expedited process and free of charge. Usually by expedited process, they mean that the decision can be made directly at the embassy (no need to send the application to Dublin) and within a month - but I think last time you had to apply in Dublin on her behalf, and I am not sure what the story is in that case.

Having said that, it should have been the exact same thing when she applied as the partner of an EU citizen as it was also an EU Treaty Rights application. So if they didn't follow the rule last time they might break them again :-s (but i think they are more likely to follow the process for a married couple)

My now wife recently requested a new passport under her new married name and we are due to reapply within a week or two.

- Should we submit both her old and new passport when applying for a Join spouse EU citizen visa?
- We are thinking about meeting in the Netherlands and spend a few days with my family before we go back back to Dublin. If we decide to do this instead of her flying straight to Dublin and meet me here, does it matter if the visa is accompany EU citizen, instead of join eu citizen? I think to be safe and due to fact I already live in Dublin , we should go for Join EU citizen?

[joost]

Can anybody please answer the following two questions


- Should we submit both her old (passport in her maiden name) and new passport (in her married name) when applying for a Join spouse EU citizen visa?
- We are thinking about meeting in the Netherlands and spend a few days with my family before we go back back to Dublin. If we decide to do this instead of her flying straight to Dublin and meet me here, does it matter if the visa is accompany EU citizen, instead of join eu citizen? I think to be safe and due to fact I already live in Dublin , we should go for Join EU citizen?[/quote]

[jeupsy]

I think only the new passport is enough (I assume your marriage certificate mentions both names?)

And yes in my opinion you're better off applying the a join EU citizen visa. She is entitled to it since you are living in Ireland, and it will make your application stronger if it is clear she is joining you and you are already established in Ireland. No issue for you to travel with her when she arrives in Ireland even the the visa says "join" ...

[joost]

I received the positive news today that she was granted,(took them 2 1/2 weeks to issue the visa):

"Join Spouse B/O"

I had assumed that it should say join spouse - eea citizen?(that is the category we applied under)

Is this something I should point out to the INIS office?

[jeupsy]

Good to hear they were quick enough

They are not very consistent with the visa descriptions, sometimes they also write "EUTR Applicant".

It doesn't matter to you. As long as she has a visa she can enter Ireland, and once she is in Ireland the resident card application process is completely separate from the visa process; so it won't cause any problem with that either.