Notice of revocation of EU fam visa

[FAD]

Hi,

I came to Ireland in 2006 and was studying on student visa till 2012. I married a Latvian citizen (in 2012) and got a stamp 4 EU FAM visa.

The wife had 2 children in Latvia (before our marriage with someone else) she wanted to bring in Ireland after we settled. 2-3 days before the marriage (while she was in Ireland with me) the children were taken into government (Latvian) custody hence she had to rush back after the wedding. Things got complicated in Latvia and she had to travel frequently between Ireland and Latvia. She is still fighting for the custody and started working in Latvia to support her over there although I am also providing her financial support.

I did not want to support her excessive travels and we distanced. She started staying for longer term (months) in Latvia and only visiting Ireland to do some part time work i.e. cleaning etc. to support her travels as she got more money in Ireland.

I recently received a letter from GNIB stating that it has come to their attention she is not residing in the state and that they are concerned this might be a marriage of convenience. They want me to give them travel dates and tickets and tell them why they shouldn't cancel my permission.

They also said some bills I gave them during the application process in 2012 were false because they found her activity (3 months) during that time. Point to be noted is that she was studying here and the conflict they found only relates to 3 months.

The problem is that from mid 2014 till end of 2015 she was working in Latvia and GNIB know it. I have no tickets because I didn't control her travels. They only thing I have for this period is some tax document in Ireland and her full comprehensive insurance cover.

The wife intends to settle in Ireland (with children) and wants to come back but I don't know how long will she stay before missing her kids and leaving to Latvia again. She insists on divorce if her children aren't with her.

Can anyone advise based on past experience what are my options?
I have been in Ireland for 10 years with excellent job / study / tax record. If I hadn't changed my visa from stamp 2 I could have applied for work permit as my job falls into the high skill category. If they revoke my visa can I seek other options? I have nothing outside of Ireland anymore.

Thanks.

[Obie]

Is she on Ireland now?

[Obie]

Is she on Ireland now?

[FAD]

Yes she is in Ireland.

[griffith]

Immigration are investigating your case and you married 4 years ago. Sounds to me like someone notified the immigration about your circumstances. How do they know that during 2014 and 2015 she was working in Latvia? On what grounds they are saying that your spouse is not residing in the state? is it because she is not exercising treaty rights in Ireland ?

[FAD]

Immigration are investigating your case and you married 4 years ago. Sounds to me like someone notified the immigration about your circumstances. How do they know that during 2014 and 2015 she was working in Latvia? On what grounds they are saying that your spouse is not residing in the state? is it because she is not exercising treaty rights in Ireland ?

Hi Griffith,

I think this is as per the new regulation 2015. I have heard from at least 3 other people who have received such a notice. One of them received a notice that his permission is being revoked rather than a chance to provide information like in my case. In one case the person had changed his residence address and didn't receive the notice. He only found out when he applied for Irish naturalisation and they told him your permission had been revoked.

In all cases the spouses had left Ireland fully or partly. In one such case the EU spouse returned to Ireland, was called for interview and the issue was resolved. INIS can now request info from other EU states and I think they used the Latvian police to get the info. I don't think anything I can show will convince them that my wife didn't abandon me during those mentioned periods.

I met a solicitor for advice and they said since she was working in Latvia during 2014 and 2015 per the letter she cannot be exercising her rights in Ireland and anything I give them for those dates will be rejected. They proposed a fresh application and going through interview.

My wife is willing to partly support me only. She is thinking of divorce but doesn't want it to cause me trouble as we are on good terms and problems are only due to her children stuck in Latvia. She would not want to go to GNIB to face a tough interview for a third time but says she can stay in Ireland to get me out of trouble although I don't know if that can help my case.

[mgb]

In my opinion the 4EUFAM cannot be revoked if your wife is currently living in Ireland and is exercising her treaty rights for example as self sufficient.
Maybe the continuity of residence for the right of permanent residence is broken if you cannot split the absence period in a 6 month and a 12 month absence.

[griffith]

Well really sorry to hear what's happening to you, i have also heard from people that the immigration are checking the travel dates of most of the EU Citizens married to non-eea nationals. But travel dates can well be justified, was your wife self-employed? There has to be a reason they sent you that letter.

I may be wrong BUT i think that if her children are in the Latvian government's custody than they may have contacted the Latvian embassy in Dublin or the Irish immigration as they may know that their citizen is married to a non-eea citizen in Ireland and in this way the irish immigration may have come to know that your wife has two children back home and how can someone abandon their kids just to live in Ireland.

As you are married to a mother of two and you are employed with good salary than it becomes your responsibility to look after them and not the government's. If i were you i would first investigate that why would they sent out this kind of letter asking an explanation of a marriage which had taken place years ago.

[kupuser]

Hi,

Please see below my details and kindly provide any advice / info based on your knowledge.

I am a non-EU national and married a Latvian national in 2012. I applied and received my permission to stay and work in Ireland (Stamp 4 EUfam) in end of 2012. Before this I was a student in Ireland on stamp 2 since end of 2006.

Due to personal circumstances my Latvian wife had to keep travelling back to Latvia (roughly 50/50 time in Ireland and Latvia). She had 2 children and she was fighting for their custody from her own mother and she occasionally worked to partly fund the travels etc. These travels caused a strain on our relationship but we were trying to mend it. My wife's family and friends were threatening me and hated me and tried to convince her to leave me.

In Ireland she was a student from 2012-2013, worked as self-employed in 2014 and since then she just had medical insurance and I was supporting her.

In June 2016 I received a letter from INIS saying they have information that my wife has not lived in Latvia and the whole marriage was set-up only to get a visa. They said as per the information with them she was working from 2012 to end of 2015 which shows she never resided in Ireland. They demanded her full relationship and immigration history or they would revoke my visa.

I provided them with the details and reasons as mentioned above and an affidavit from my wife saying the marriage is genuine and she is staying and intends to stay in Ireland but they revoked my visa repeating the same talk about her working in Latvia and this time added that her affidavit does not matter as she had contacted the Latvian authorities herself to say she wanted divorce and the marriage was fake.

After this I contacted 2 solicitors (1 in Ireland and 1 in Latvia).

1. The Irish solicitor submitted a review appeal and asked INIS to provide the evidence they had. They sent a letter from the Latvian embassy with her work details. The work details showed she had worked for a few days / weeks which in total added to roughly 6 months over the 3 year period till 2015. The letter said that the Embassy had received an email saying the marriage was fake and she wanted divorce.

Upon hearing this my wife visited the Latvian embassy and clarified to them that she hadn't sent that email and that her friends / family might have done this and got an official cert that she is residing in Ireland. They believed her but couldn't help in any other way.

2. The Latvian solicitor contacted the Latvian court administration and the population register to get official confirmation that my wife never approached them to make a claim about our marriage or to seek a divorce.

Currently I have submitted my reply that;

1. INIS claimed my wife worked in Latvia throughout 2012-2015 even mentioning specific dates that were not true and proven to be wrong based on the letter of Latvian embassy.

2. Latvian authorities (court and population register) confirmed no complaint was ever received and the embassy only mentioned an email, which was countered by my wife using affidavit and a visit to the embassy.

I applied for the review in November 2016 and have been sending up to date documents since. My wife is still travelling between Latvia and Ireland like before.

Can you please advise what can I expect in these circumstances?

Thanks.

[CR001]

Why have you registered a new username to ask similar questions to what you ask previously? Multiple usernames is not permitted on the forum.

ireland/notice-about-possible-revocatio ... l#p1371946

[kupuser]

Why have you registered a new username to ask similar questions to what you ask previously? Multiple usernames is not permitted on the forum.

ireland/notice-about-possible-revocatio ... l#p1371946

Sorry I had forgotten and could not find the info.

[CR001]

Why have you registered a new username to ask similar questions to what you ask previously? Multiple usernames is not permitted on the forum.

ireland/notice-about-possible-revocatio ... l#p1371946

Sorry I had forgotten and could not find the info.

Which username do you wish to keep, you cannot have both.

[kupuser]

Why have you registered a new username to ask similar questions to what you ask previously? Multiple usernames is not permitted on the forum.

ireland/notice-about-possible-revocatio ... l#p1371946

Sorry I had forgotten and could not find the info.

Which username do you wish to keep, you cannot have both.

Please delete the old one.

Thanks

[kupuser]

Is she on Ireland now?

Yes and intends to stay.

[Alixlboy]

What's the latest update on your case? Has it got resolved?

[kupuser]

What's the latest update on your case? Has it got resolved?

Not resolved. They even refused it during review. They had wrong information and my solicitor had communicated their mistakes with evidence but they kept the same decision (using factually incorrect information) while admitting that the documents provided to them by me created a legal challenge to their decision to revoke my permission but they are not satisfied with it. I am applying for a judicial review.

[finalversion_2k]

@KPUSER: what's your status now?? why you didn't moved to Work permit status Stamp 1?

[kupuser]

@KPUSER: what's your status now?? why you didn't moved to Work permit status Stamp 1?

I don't know what would my status be while legally challenging a decision to revoke my permission. I don't think I would be granted a work permit stamp unless this stain of "marriage of convenience" is cleared from my name. Also I think I can only apply for 1 thing at a time.

If getting a work permit is possible in these circumstances I'd happily switch to that application as it would be much more convenient and I actually qualify for Green Card based on my education / experience.

[rodrigorodrigues]

Hi all,

Yesterday I received a letter from the Immigration saying a similar stuff they have a proposed to revoke my visa as my wife is not working and gave to me 15 working days to return a letter to them explaining why they should not revoke my visa.

The problem is that she's not working because she got illness benefit since last year when she got pregnant and had diabetes gestacional, in January this year she had babies twins and she still in maternity leave as she extended for four months.

Immigration said under EU law regulation 6 (3) the EU citizen must be working otherwise I cannot have permission to remain in the country.

I've contacted a solicitor but I'm really concerned about my visa as I have family here, is there anyone that have similar experience and want to share something please?

PS: When we applied for the visa stamp4 eufam she was working legally but after few months she got pregnant and then stop working but she's still employed.

Thanks

[Alixlboy]

@KPUSER: what's your status now?? why you didn't moved to Work permit status Stamp 1?

I don't know what would my status be while legally challenging a decision to revoke my permission. I don't think I would be granted a work permit stamp unless this stain of "marriage of convenience" is cleared from my name. Also I think I can only apply for 1 thing at a time.

If getting a work permit is possible in these circumstances I'd happily switch to that application as it would be much more convenient and I actually qualify for Green Card based on my education / experience.

I think you should give it a try and apply for the Green Card. The immigration already know that they made a mistake by revoking your stamp.

[Alixlboy]

Hi all,

Yesterday I received a letter from the Immigration saying a similar stuff they have a proposed to revoke my visa as my wife is not working and gave to me 15 working days to return a letter to them explaining why they should not revoke my visa.

The problem is that she's not working because she got illness benefit since last year when she got pregnant and had diabetes gestacional, in January this year she had babies twins and she still in maternity leave as she extended for four months.

Immigration said under EU law regulation 6 (3) the EU citizen must be working otherwise I cannot have permission to remain in the country.

I've contacted a solicitor but I'm really concerned about my visa as I have family here, is there anyone that have similar experience and want to share something please?

PS: When we applied for the visa stamp4 eufam she was working legally but after few months she got pregnant and then stop working but she's still employed.

Thanks

My real brother received this letter as well. Just tell them the truth and send them as much information as possible.
If you have Irish citizen children, you've got nothing to worry about. Even if your permission is revoked, you can apply as parent of Irish citizen child. My brother is going to do the same.

[finalversion_2k]

Hi all,

Yesterday I received a letter from the Immigration saying a similar stuff they have a proposed to revoke my visa as my wife is not working and gave to me 15 working days to return a letter to them explaining why they should not revoke my visa.

The problem is that she's not working because she got illness benefit since last year when she got pregnant and had diabetes gestacional, in January this year she had babies twins and she still in maternity leave as she extended for four months.

Immigration said under EU law regulation 6 (3) the EU citizen must be working otherwise I cannot have permission to remain in the country.

I've contacted a solicitor but I'm really concerned about my visa as I have family here, is there anyone that have similar experience and want to share something please?

PS: When we applied for the visa stamp4 eufam she was working legally but after few months she got pregnant and then stop working but she's still employed.

Thanks

when you married?
where the EU Citizen is from?
where your wife is at the moment?
is she talking any social allowances??

[rodrigorodrigues]

We got married March last year and applied for stamp4 eufam after a month, got the temporary stamp4 two weeks after and the definitive October last year.

She's from Poland but she lives in Ireland for ten years.

Myself and wife/babies living in Ireland.

She took maternity leave for six months.

Tomorrow I have appointment with immigration solicitor hope they can help somehow.

[kupuser]

We got married March last year and applied for stamp4 eufam after a month, got the temporary stamp4 two weeks after and the definitive October last year.

She's from Poland but she lives in Ireland for ten years.

Myself and wife/babies living in Ireland.

She took maternity leave for six months.

Tomorrow I have appointment with immigration solicitor hope they can help somehow.

If you give her medical details to INIS and tell them that she is receiving benefits + tell them that you are looking after her financially, INIS will not revoke your permission. If your family has medical insurance then by law there is nothing INIS can do as your wife qualifies to be here with "sufficient resources" i.e. your income.

I know a Polish lady living here for long time and she couldn't work due to some medical condition. INIS never contacted her non-EU spouse and he received his 10 year permission.

The worst case scenario for you is that you may be moved from EU-Treaty rights to parent of Irish child.

[ismail shams]

hi we got letter last week saying if we dont give explanation that husband permission (eufam visa) revoked.

i was claiming jobseekers for 1 year and at same time working part time and social welfare knew i was working and they reduced money from us on that basis.

but immigration saying that they think documents submitted about my work fraudulent as they found out im taking jobseekers allowance.

also they saying i didnt work enough in last few years but i didnt work 2015 due to pregnancy and sickness during that pregnancy. other years i worked part time. around 12 hours a week.


to the poster who also got a letter about visa revocation in august -what happened with your situation? what happened with what they said about your wife claiming social welfare payments?