EU3 proposed to be refused

[Hosoka]

Hi all,

I'm from SOuth America and also naturalized Irish in April 2017 and married to a British national. I have a daughter(also from SA) from my previous marriage who came to live with me in 2011, she was 19. She got her EU1 application approved . In March 2017, we applied for her EU3 and she got her temporary visa until 16/11/2017. Last October, we got a letter stating the proposal of refusal of her application due to not submitting documents.
My daughter has never worked in Ireland, she studied English for year and 1/2 and then she did some short courses until 2016. She was going to start college but my husband was made redundant after 11 years of employment here and we moved to another Irish county , as we bought a house here. My husband is on Jobseekers allowance. I don't work as well.

As my daughter never worked, she never had a bank account. So they are asking for proof of 5 years of residence, which we sent her courses confirmation and acceptance. They also asked for proof of dependency which obviously she is but we don't have any proof of it.

My daughter has learning problems and she has taken a long time to get fluency in English. She has no one back in my homeland as her father's new wife doesn't want her to live with them. I really don't know what to do if she get refused. Can anyone give me some advice, please? Thank you

[broli]

Hi Really sorry for what is going on .


Can you please explain the meaning of that letter.

They sent a letter telling you that they intend to refuse (and gave you a chance to provide more document)?

[Hosoka]

Yes, they gave us an opportunity to send more documents but anyway. We just got a letter from INIS refusing her application. Is it possible to re-apply for EU3 instead of EU4?

[broli]

Yes, they gave us an opportunity to send more documents but anyway. We just got a letter from INIS refusing her application. Is it possible to re-apply for EU3 instead of EU4?

Am actually asking questions cause a bit in the same situation i couldn't provide some of the documents they ask.

- So first they send a letter telling you they intend to refuse .(Did they gave you time to come up with docs?)

- Then they sent a letter or refusal (How long after informing you that wanted to reject ).

- Did they give an option for appeal ?


Your Option here should be EU4 but really try to find more document whatever document that can improve the chance.

[Hosoka]

Hi Broli,

Yes, firstly they sent a letter of propose of refusal. They gave us 15 days to send more documents. We did send what they asked for the EU citizen but for the applicant they asked for tenancy agreement for the last 5 years, which she doesn't have on her name. Also bills and bank account and proof that she is dependent on the spouse of the EU citizen which she also doesn't have at the moment. She is completely dependent for sure. She has been building up her English to be able to getting into college.
For the letter we got today, they said on the refusal letter that the Minister is not satisfied that she is a qualifying family member. I think it's a bit odd as she was qualifying family member when she got her EU1 visa. Sometimes i think it has to do with Brexit.
They did gave us the option for review but that means she is not going to have any visa for a long time.
I have son who got his PR card in 2012 and they never asked for anything like that. He was not even dependent on us anymore as he had a job and lived with his girlfriend at the time of application.

[Hosoka]

Sorry, forgot to say that the letter of refusal arrived a month after the propose of refusal.Thanks

[broli]

Sorry, forgot to say that the letter of refusal arrived a month after the propose of refusal.Thanks

Thank you so much for sharing.

i order to appeal you will really need to find something that could make a difference or if you can afford a genuine solicitor


The other Option is start over again with EU1 which is obviously not easy given what you share above ...

[jul1]

so your daughter came to Ireland in 2011 when she was 19, she was continuously living here until today, 2017, 6 years, so now she is 25, and never worked, never studied (except some short courses, like 3 months course?)
I dont mean it the wrong way but what did she do for the last 6 years? I find it a bit odd, and i guess immigration maybe feels the same.
Did she live with you the whole time? You should have add whatever bills you could on her name, to collect proof of address, maybe she has something from those courses.
At age 25 she cannot apply on eu1 as a child of eu citizen, the age limit is 18, or in case they are studying 21.

The proof of address in Ireland is extremely important, that is one reason we are not just renting a room, or a apartment without contract, i was looking only for a PRTB registered apartment where all the bills are on our name, specifically for this reason, to collect proof of address.

It is not required for your daughter to work, or open a bank account, but than where is your proof of address? I scan every documents/bills/ whatever paper with our name and address we got and upload it to google drive, so anytime i can see all my paperworks, especially if the damaged or lost during the years. When applying for permanent resident card or irish citizenship photocopy - or printout - is accepted, so even if all the papers would burn in a house fire i still have everything in the "cloud"

She has 2 options, dig the old papers and send whatever she finds about proof of address
or get married with an eu citizen.

Otherwise she has to leave and apply for a work permit, which as i understand she would not have too much chance to get.

[Hosoka]

Hi Jul,

Thanks for your reply.

My daughter studied full time from 2011 until 2013 but never worked with a contract. She worked as Au pair during the time she was studying English and she also worked as a domestic helper but both weren't registered jobs. So I don't think she can say that she was working on those terms because we don't even know if that is ok for her application. As far as I know it's not illegal. If you know anything about that, please feel free to share.

The only proof of residence they are asking on the refusal letter is from 2014 which at the time she wasn't studying but she renewed her passport in 2014 in Dublin when she was on 5 years visa and she has a a stamp from immigration from that time. They could easily have seen that as we sent a copy of all pages of her passport.

[mgb]

INIS has a problem with the residence of your daughter and not if she worked.
Where did your daughter actually live in 2014?

[Hosoka]

She has always lived with my husband and I.