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We desperately need help

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Garthjw
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We desperately need help

Post by Garthjw » Tue Jun 28, 2016 10:41 am

Hello to all
We desperately need help by somebody trustworthy and in the know. I am a 65 year old South African Architect, Iradologist and practicing Polygraph examiner, my wife is a British Subject with an maroon coloured British, Northern Ireland and EU passport as well as an accountant/bookkeeper in the Hospitality industry, we are married and reside in South Africa.
We both desperately want to emigrate to the UK and for the past 2 years have been given the run about like you wont believe on the best way to move forward and relocate, we don't have much money, albeit that I've had a British Bank account for more than 15 years.
I was born in South Africa (1950) at the time the country was in the British Commonwealth the same as for Rhodesian yet I'm refused a British Passport and they are ???? One of my paternal great grand parents was born in the UK and the other in Ireland, problem is I have no idea the dates or places they were born in as both my parents have now deceased.

SOMEBODY PLEASE HELP US, South Africa has become a "whites death trap" and we don't want to be murdered in our beds. Why is it not possible for me to join my wife in the UK ???, How can the UK force us to separate and allow only my wife to live there alone, if we simply arrived and said that's it were staying.

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CR001
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Re: We desperately need help

Post by CR001 » Tue Jun 28, 2016 11:26 am

You would need to apply for a spouse visa. Unless you have a Grandparent born in the UK, in which case you can apply for an Ancestry Visa.

The other option is to go to Ireland as a 'visitor'. You don't need a visa on a SA passport and can arrive and get a visa on arrival. Then apply for an residency card if your spouse 'exercises her treaty rights' by working in Ireland.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
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Re: We desperately need help

Post by noajthan » Tue Jun 28, 2016 11:36 am

CR001 wrote:...

The other option is to go to Ireland as a 'visitor'. You don't need a visa on a SA passport and can arrive and get a visa on arrival. Then apply for an residency card if your spouse 'exercises her treaty rights' by working in Ireland.
Can wife go to Eire to work? Then you simply join her as suggested by CR001.
This is quick and easy - at least to get you started in a safe place.

For the first 3 months your wife doesn't even need to work - there's a 3 month grace period for settling in.
You could be there next week.

See http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

(Background on SS: https://www.freemovement.org.uk/surinde ... ion-route/)

Of course with the Brexit (of UK from EU) this option won't last for ever - but it should be in place for the next 2 years or so.
Then focus on Ancestry options at your leisure via the UK archives office & etc.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

SAMISPOUSAL
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Re: We desperately need help

Post by SAMISPOUSAL » Fri Jul 01, 2016 5:27 pm

CR001 wrote:You would need to apply for a spouse visa. Unless you have a Grandparent born in the UK, in which case you can apply for an Ancestry Visa.

The other option is to go to Ireland as a 'visitor'. You don't need a visa on a SA passport and can arrive and get a visa on arrival. Then apply for an residency card if your spouse 'exercises her treaty rights' by working in Ireland.

surely to get a visitor visa you have to show intent
and strong ties to go back. neither is convincing here in this case.
Can the op apply for visa and then travel ?
just simply turning up at the airport to ask for visa is surely a risk ?


I am not an expert on this matter I am just simply politely considering these variables
British man sponsoring Indian wife.Application Pune --Mumbai 18 DEC 2013 Requested further info 27 01 2014

SAMISPOUSAL
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Re: We desperately need help

Post by SAMISPOUSAL » Fri Jul 01, 2016 5:33 pm

sorry i dont understand how come the SOUTH africa passport having so much power ( not requiring visa to go to Ireland) and i also dont understand why you are mentioning EU as South africa is not in Europe ?
British man sponsoring Indian wife.Application Pune --Mumbai 18 DEC 2013 Requested further info 27 01 2014

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Casa
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Re: We desperately need help

Post by Casa » Fri Jul 01, 2016 5:37 pm

SAMISPOUSAL wrote:sorry i dont understand how come the SOUTH africa passport having so much power ( not requiring visa to go to Ireland) and i also dont understand why you are mentioning EU as South africa is not in Europe ?
Bearing in mind that this isn't a 'look & learn' discussion thread, South Africans are non-visa nationals for entry into Eire and a British citizen (the spouse) is entitled under EU regulations to exercise their Treaty rights and later take the Surinder Singh route to settle in the UK if they choose.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: We desperately need help

Post by noajthan » Fri Jul 01, 2016 6:15 pm

SAMISPOUSAL wrote:sorry i dont understand how come the SOUTH africa passport having so much power ( not requiring visa to go to Ireland) and i also dont understand why you are mentioning EU as South africa is not in Europe ?
We feel your pain and are trying to help you get out.
Do this right and you could be in a safe haven before you know it.

Read the linked documents and you should understand a little more clearly. That is why they were provided.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: We desperately need help

Post by noajthan » Fri Jul 01, 2016 6:16 pm

SAMISPOUSAL wrote:surely to get a visitor visa you have to show intent
and strong ties to go back. neither is convincing here in this case.
Can the op apply for visa and then travel ?
just simply turning up at the airport to ask for visa is surely a risk ?

I am not an expert on this matter I am just simply politely considering these variables
Once in the country EU rules kick in and you are no longer a mere visitor. You will have the full weight and power of EU law underwriting you.
And I've heard Eire is a pretty friendly place.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: We desperately need help

Post by Casa » Fri Jul 01, 2016 6:21 pm

@noajthan SAMISPOUSAL isn't the OP. They've tagged their questions to the Garthjw's thread. Hence the confusion.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: We desperately need help

Post by noajthan » Fri Jul 01, 2016 6:37 pm

Oh I wish people wouldn't do that, it gets so confusing sometimes.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: We desperately need help

Post by Casa » Fri Jul 01, 2016 6:44 pm

noajthan wrote:Oh I wish people wouldn't do that, it gets so confusing sometimes.
I'm with you on that.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

SAMISPOUSAL
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Re: We desperately need help

Post by SAMISPOUSAL » Sat Jul 02, 2016 8:43 am

I did not tag any thing and i did not copy and paste anything
I just merely asked a sensible relevant q which is constructive

Its easy to get confused in any forum
British man sponsoring Indian wife.Application Pune --Mumbai 18 DEC 2013 Requested further info 27 01 2014

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Casa
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Re: We desperately need help

Post by Casa » Sat Jul 02, 2016 10:00 am

SAMISPOUSAL wrote:I did not tag any thing and i did not copy and paste anything
I just merely asked a sensible relevant q which is constructive

Its easy to get confused in any forum
You can see the confusion caused by posting your own questions in another member's thread.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: We desperately need help

Post by CR001 » Sat Jul 02, 2016 11:52 am

SAMISPOUSAL wrote:sorry i dont understand how come the SOUTH africa passport having so much power ( not requiring visa to go to Ireland) and i also dont understand why you are mentioning EU as South africa is not in Europe ?
Yes, given that I was born in and lived most of my life in SOUTH AFRICA, I am fully aware it is not in Europe!! :?
Char (CR001 not Casa)
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secret.simon
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Re: We desperately need help

Post by secret.simon » Sat Jul 02, 2016 1:11 pm

Reverting to the OP's questions, I presume that being a South African, he may have a functional knowledge of Afrikaans, which is quite similar to Dutch.

Therefore his wife and he could also look at exercising treaty rights in the Netherlands or Belgium (Flanders), though I do not know if South Africans are non-visa nationals for these two countries.

CR001, given your knowledge in this field, could you comment on this suggestion?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: We desperately need help

Post by CR001 » Sat Jul 02, 2016 1:24 pm

secret.simon wrote:Reverting to the OP's questions, I presume that being a South African, he may have a functional knowledge of Afrikaans, which is quite similar to Dutch.

Therefore his wife and he could also look at exercising treaty rights in the Netherlands or Belgium (Flanders), though I do not know if South Africans are non-visa nationals for these two countries.

CR001, given your knowledge in this field, could you comment on this suggestion?
Afrikaans is similar to Dutch and German but having recently been in Brugge (first time), I realise that Afrikaans is closer to Flemish. I had no problems fully understanding the signs and language but then again I am exceptionally fluent in Afrikaans having scored distinction in it and better grades than English in school etc. Dutch is similar but different and unless you really really concentrate, you will miss a lot of what a Dutch person says. I can understand German, read it and speak some, but that could be due to doing it in school.

South African's require visa for any of the Schengen countries prior to traveling. The only countries in the Europe region we do not need visas for prior to traveling is Ireland and Turkey. So not really a 'power' passport as SAMISPOUSAL seems to think.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

SAMISPOUSAL
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Re: We desperately need help

Post by SAMISPOUSAL » Mon Jul 04, 2016 8:20 am

Thank you for your explanation
British man sponsoring Indian wife.Application Pune --Mumbai 18 DEC 2013 Requested further info 27 01 2014

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