UK Spouse visa refused. Reapply under Irish?

[mrsmagoos]

Hi all,

I would really appreciate some advice.
My case is a bit complex but I will try to simplify.

I'm English, born in the UK to Irish parents. (I am entitled to an Irish passport).

I'm married to an Albanian guy. We have been married over one year. We married in Albania in Sept 2015.

And this is where it gets complicated.

He was removed from the UK in Aug 2015 after a 4 month prison sentence. (He was caught with Italian false ID)
Prior to that we had lived together for over 2 years but didn't have proof.
After being refused right to stay he was removed voluntarily after being in prison.

In August he returned to Albania and I married him there in September 2015.
In December 2015 we applied from there for a spouse visa.
Unfortunately we split temporarily and he withdrew the application as he needed his passport to visit family in Italy.
He gave the reason as us separating (Idiot!)

Anyway, we reconciled a month later and in February of 2016 we applied again from Albania for a spouse visa.

I meet all the financial requirements but they refused on 2 reason:
1) They didn't think our relationship was durable, not surprisingly given the fact he had withdrawn the first application and 2) He was considered to be of bad conduct due to his prison sentence.

We did appeal and supplied more evidence of our relationship, i.e. trips to Albania , phone calls, texts etc..
The case has now gone to appeal and we are awaiting an appeal date.

However, and here is the worst part...he came back to the UK illegally again in June last year, via Belgium where he had been for about 3 months.
Obviously his passport is stamped going out of Albania and in to Belgium so I guess he's now broken the law in their eyes as he's overstayed (as they think) in Belgium.

We know what he's doing is illegal but after a really bad time in our relationship we just couldn't bear to be apart any longer.
Me going to Albania was never an option!
He's from a small minded Muslim family that pressured him the first time to withdraw the application as they didn't want him to be with me. I would never be accepted there.

So, now he's illegal once again in the UK.

My question is this..

If he "lost" his passport and managed to get to Dublin where I have family could he enter there as my spouse on a new passport? If I was to move there temporarily.

Or is there another way?

I'm so tired and confused by it all.
It seems we will never be allowed to be together legally.

Please can anyone suggest a way..

We know its illegal so please don't remind us, just help if you can. Please understand that we are just desperate to be together.

Which options do we have?

We have been advised hat the appeal date will prob be another year at least.
And obviously he would need to get back to Albania to collect his visa if granted which is unlikely to happen. (But he could go back undetected to Albania and apply for a new passport from there)

Can we travel to Ireland together?

Can he get back to Alb and then apply for a visa to join me in Ireland?
Would he be refused as he's seemingly overstayed in Belgium?

Can we reapply for a spouse visa using an Irish passport, I can get one.

I hear about Surinder singh and non eea moving to Ireland cases but I'm just overwhelmed by everything.
Please can anyone help.

We are scared and defeated now.

Thanks in advance.

[noajthan]

Most unfortunate.

The course of true love never did run smooth.
So good luck.

Now the health warning: the Board will not entertain discussion on questions about illegal options to evade or avoid any country's immigration controls.
Any responses on such matters will terminate the topic.

We can accept and respond on, for example, a SS-related question.

[mrsmagoos]

Apologies, I respect that!
What's an SS related topic then?

I'm assuming many people have been in similar circumstances.

My question therefore would now be if I move to Ireland can he join me and if so how?

Or/and do I really need to move to Ireland if I can obtain an Irish passport?

[noajthan]

I hear about Surinder singh and non eea moving to Ireland cases but I'm just overwhelmed by everything.
Please can anyone help.

We are scared and defeated now.

Thanks in advance.

SS = Surinder Singh.

The UK has just updated EEA Regulations relating to Surinder Singh route (as of last November).
The changes are untested and are not compatible with EU law.
However they effectively eliminate SS as an option to anyone deemed, on balance of probabilities, to be circumventing (or attempting to circumvent) UK domestic Immigration Regulations.
So with hubby's history SS is unlikely to fly.
(Unfortunately hubby has not helped his case).

Your best bet may be to emigrate to another EU memberstate together.
That's an option for at least as long as UK remains in EU.

[mrsmagoos]

Ireland for example?

[noajthan]

Ireland for example?

Well Ireland may be problematic as an 'EU' destination.
Naturally UK immigration intelligence is shared due to CTA. (Ofcourse that may be the case elsewhere across EU too due to EU states using SIS).

And Eire is currently facing mammoth issues in processing of both type-C entry visas and with general processing of EU-related documentations.
So don't expect a quick fix in the Emerald Isle.

How about looking to other Anglophile (and Hibernophile?) countries, for example Malta? And Cyprus perhaps?

It really depends where you have an affinity, relatives or friends and whether any language skills or other pull factors apply.
For example, Netherlands has always impressed me as a target country.

As to becoming Irish and taking the Irish domestic route, I can't really speak to that option so leave that for others.

[mkhan2525]

For freemovement purpoeses, a non-EU national does not necessarily need a passport to enter any EU country when travelling with the EU national as long as you can prove your relationship by other means as stated in Article 5(4) of the Directive.

If you make it to Ireland your main hurdle will be to get a new passport for your spouse. Once you overcome this hurdle you will succeed with the application process there if you can show you are exercising treaty rights.

I wouldn't expect an easy ride though, when you return to the UK due to the November changes in the EEA regulations.

[Elliewifetoalbanian]

As a wife to an Albanian who was here illelegally and successfully got flr fp on appeal after my husband was a bit of an idiot and provided the home office with a fraudlent greek passport, did all his interviews with a Greek translator etc and being held in a detention centre my advice would be

Get proof of living together in U.K. Put his name on all bills
Find a very good immigration solicitor
Put a in UK application for flr (fp) based on human rights grounds right to a private and family life

wasn't the wisest idea coming back to the Uk but know plenty of Albanians been deported and back a month later.

[secret.simon]

know plenty of Albanians been deported and back a month later.

Kind of underscores the Brexiteers' complaint about being unable to control the border.