UK Natl & Jamaican spouse & baby want to work Irelan

[AmandaP]

I have not been an immigration caseworker for very long and would appreciate some help with this.

UK national is 20, married Jamaican National in Church of England August 2006. Baby born Jan 2007.

Jamaican national entered UK as visitor in 2000 aged 20 and has overstayed. No criminal record and has supported himself by doing building work.

UK national declared marriage to job centre and husband has been given an NI number, but they have not made any application to Home Office.

He (Jamaican national) has no previous applications and no removal directions.

UK national wants to move to Ireland to work and find her dad, who is Irish, but is not on her birth certificate and has only seen her once when she was 7. She is job hunting online but wouldn't want to go until she has secured a job.

Because of Akrich (and Kumar) I want to apply for a visa for husband to travel to Ireland with UK wife but want to know if it is likely to be granted or not.

Are they better off going with passports, marriage cert and the latest FM directive straight to Ireland?

[JAJ]

I have not been an immigration caseworker for very long

What do you mean by "immigration caseworker".

[AmandaP]

I work with an immigration solicitors and help with his cases.

I have a law degree and have taken the LSC level 1 & 2 immigration and asylum courses, but have only recently started getting practical experience but I have little knowledge of the Irish immigration system other then what I have managed to find online.

[AmandaP]

Also, they have proof of their relationship for past 3 and a half years.

[archigabe]

If he is 'legal' at the moment in the UK, I don't see why he'd be denied a 'E.U spouse visa' for Ireland.
He needs to apply for the E.U1 form as soon as he arrives to be able to get a residence permit.
http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

[AmandaP]

No he's been an overstayer since 2000 and has not made any applications.

I know the UK and Ireland have the condition that the non-EU spouse must have been lawfully resident in another EU state, but this is obviously controversial and arguably contrary to the directive.

Not sure if I would be capable of fighting it tho.

[archigabe]

If you'd like to take it to the proper legal channels, look up the Jia Case judgement against Swedish immigration on the ECJ about residence for non-national E.U families.

[AmandaP]

The tricky bit is "need not require" the member state to insist on lawful residence.

Even though the non-EU national in my case is an overstayer, he is included on their council flat tenancy agreement, houshold bills and her income support claim. Would this be enough to prove residency even if he has no current visa?

Do you think he would be admitted either on an EU spouse visa, or a visit visa to Ireland?

Would he be able to get/fight for an EU family residence card?

Are there any other cases, other than Kumar, that are challenging the lawful residency policy?

Thanks

Amanda

[archigabe]

There seem to be quite a few posters here who've instigated legal challenges.Try to search through the old threads.

[AmandaP]

Ok thanks