Removed from UK, Wants to apply for Irish EU Family Permit.

[JoeJohnson]

Hi,

My Issue is this, i was issued a UK Short Stay Visa in July 2010, I traveled to the UK to visit my Older brother and his family who are British Citizen.

I overstayed my Short Stay Visa and after a year and half of living in the UK, the UK Border discovered, was detained, then i applied for asylum which was refused and was immediately given a removal direction and later removed.

I did not have any criminal conviction thou.

Now, My brother who is a British citizen is relocating to Ireland and i want to apply for an EU Family Visa to accompany him, as per "Directive 2004/38/EC Article 3 2(a) as transposed by Ireland (Permitted Family Member) as a member of his household in the United Kingdom, as i have lived with him and his family for a year and half (6months legal/1 Year illegal) Then i can also apply for Stamp4EUFam after arriving in Ireland

Please, I want to ask with my adverse immigration history:

1. what are the possibility of being issued an Irish Accompany EU Family Visa from Nigeria?

2. What documentation will i need to submit.

3. In the Irish online application, they ask about past immigration history for Ireland, UK and other countries. As i am gonna state it on the form, what effect do u think it will have on my application.

Thanking you in advance for your contribution.

Joe.





Thanks.

[dalebutt]

Are you a dependant of your brother? Would you be able to show proof of dependency? If you met the requirements under the category of visa you would be applying for, your UK immigration history will not affect your application for an Irish visa as a family member of an EU citizen.

[dalebutt]

I didn't realize you would be applying from Nigeria, they are very competent with regards the EU rules, but the always tend to ignore it at first application, to see if the applicant will pursue the matter forward. The Abuja embassy is a nightmare. Very very nasty lots.

You will need to provide any documents that show you have been dependent on your brother, you will need to prove that, without the support you are getting from him, it will be impossible or extremely difficult to survive.

You will have to have lots of patience, that embassy is naturally built to waste people's time, they are the master of their game no one can beat them to it. Good luck

[JoeJohnson]

Thanks for your response,

I was dependent on him while in the UK as I was not working, Lived in the same household with him, but what documents do u think I can use to prove the dependency, as I can only prove the membership of household in the UK with letters to prove that I lived in the same address with him in the UK.

However, he sent me money after I got back to Nigeria, so I have a western Union receipt to prove that. So I am hoping to stand on the membership of household rule, and possibly the dependent with the western union receipt.

I've also got copies of his British Passport and that of the kids. My Passport with the UK Family Visit short stay Visa, western union receipt, my birth certificate and his own, and removal direction letter from UKBA, the pictures we all took together. What other document do I need to add. Statement of account? No prove of accommodation in ireland yet as we are moving together. What else?

Thanks.

[dalebutt]

I do not think your application will succeed with the proof you have at the moment. dependency needs to be ongoing, you need to proove you have been dependent on him since you have returned to Nigeria and without the support you are getting form him it will be impossible to get by, I agree the UK same household proof is a plus but am afraid it may not suffice to make a successful application.

[JoeJohnson]

Thanks,

Yea the dependency has been on going, but the issue is, the subsequent money sent to me after i got the western union were usually sent into my account through those local money transfers that u get straight into your account so i don't have any form of receipt for it, except my statement of account.

I think with the rules, is either i am dependent on him or i am a member of his household. im confused.

I can request for my statement of account to show that i've been getting financial support from him as i've not been working since i got back.

thanks.

[IntegratedMigrant]

3. In the Irish online application, they ask about past immigration history for Ireland, UK and other countries. As i am gonna state it on the form, what effect do u think it will have on my application.

You must be aware that Ireland and UK share immigration records/data and this may lead to an automatic denial of Visa if found out that you lied in your application.

[JoeJohnson]

Yea! i'm aware UK and Ireland share Common Travel Area. So, gonna state everything as it is, i'm not gonna hide my immigration history.

The issue i'm having is Dependency and Membership of household. Can i use my statement of account with the western union receipt i've got as the prove of dependency on him? for the membership of household i think i meet that requirement with prove of address documentation.

Thanks.

[IntegratedMigrant]

Yea! i'm aware UK and Ireland share Common Travel Area. So, gonna state everything as it is, i'm not gonna hide my immigration history.

The issue i'm having is Dependency and Membership of household. Can i use my statement of account with the western union receipt i've got as the prove of dependency on him? for the membership of household i think i meet that requirement with prove of address documentation.

Thanks.

Yes you can. You must also note that despite the EU rule/law, it depends on countries to facilitate how that rule will apply. i.e Ireland might say that you have insufficient proof of dependency on a family member. Having said that, its best that you try

[JoeJohnson]

ok, thanks gonna put in the application, i will also be getting a cover letter from him stating that i've been dependent on him since i got back.

Thanks.

[dalebutt]

Thanks,

Yea the dependency has been on going, but the issue is, the subsequent money sent to me after i got the western union were usually sent into my account through those local money transfers that u get straight into your account so i don't have any form of receipt for it, except my statement of account.

I think with the rules, is either i am dependent on him or i am a member of his household. im confused.

I can request for my statement of account to show that i've been getting financial support from him as i've not been working since i got back.

thanks.

Your UK immigration history will have absolutely no bearing on the Irish application given the category of visa you will be applying for, that said, if dependency is on going you should request receipt from your brother from the local agency showing the amount sent and also your Nigerian bank account showing credit.

You are no longer a member of his household, rather you are his dependant, if you have proofs to detail, you have nothing much to worry about rather than submit your application and wait.

[IntegratedMigrant]

Your UK immigration history will have absolutely no bearing on the Irish application given the category of visa you will be applying for, that said, if dependency is on going you should request receipt from your brother from the local agency showing the amount sent and also your Nigerian bank account showing credit.

You are no longer a member of his household, rather you are his dependant, if you have proofs to detail, you have nothing much to worry about rather than submit your application and wait.

Please dont confuse the OP, like I said, his Visa application may lead to an automatic denial if found out that he lied in his application, despite his UK immigration history being irrelevant to the category of the visa he is applying for or not.

[dalebutt]

Nothing in my post seems to mislead of confuse the original poster, if there were anything specific in the post then point out. There is no indication in op's posts or mine that he should lie on his application and indeed if op states clearly on the form not applicable as answer to the question about his immigration history, it will indeed have no bearing on his application.

Do not derail the thread by re-posting things that are trivial to the op's situation. I know you will further post back to which I will not reply

[IntegratedMigrant]

Do not derail the thread by re-posting things that are trivial to the op's situation. I know you will further post back to which I will not reply

Troll Alert!. You sound so much like a user called ''Frei'' (Users note)

[JoeJohnson]

I thank both Contributors to this tread, you guys have really helped alot to lead, correct and advice me on my proposed application, Which i so much appreciate.

Please i would be not be happy to see this disagreement continue. I can observe is just a misunderstanding between both parties.

I will request for the receipt confirming the sending of the money into my account from the UK to buttress my claim of dependency, and also gonna be open about my previous immigration history as you both have advised respectively.

I really appreciate you guys.... (Dalebutt and IntegratedMigrant.)

Thanks.