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EEA family member(spouse), ireland

Forum to discuss all things Blarney | Ireland immigration

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Ali_GG
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Joined: Sat Dec 05, 2015 10:57 am

EEA family member(spouse), ireland

Post by Ali_GG » Sat Dec 05, 2015 11:21 am

Hii every1 .,
So here is story , was living in uk with my eea national partner. Go for register marriage but as u knw now a days thy r too active in marriage cases so thy detain me coz of my clg prob .. n said marriage is shame .. home office detained me ..my fiance come to my home country pakistan we get married here and apply for uk again under eea rules but again thy refused coz thy r still not satisfied with marriage as I snd thm nadra marriage certificate attested frm forighn office. . N court attested nikah with english traslation ..
so after w8ing long n fed up frm home office ..my wife decide to move to ireland .. so whtz gonna b the procedure if we want to apply for ireland .. can she apply for me straight or after workin 3 months ...
@ my previous history frm UK gonna affect our case or its not a problem?(no criminal record)
@ how long its gonna take
@ if my wife came to pak n we apply for travel togather or accompany vise ..whtz the chances ...?
Thanks in advance

wish_uk
Member of Standing
Posts: 264
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: EEA family member(spouse), ireland

Post by wish_uk » Sat Dec 05, 2015 12:03 pm

hi,

here is reference from INIS official website;

Family members of EU/EEA/Swiss citizens seeking to reply on Directive 2004/38/EC (Free Movement Directive) – type of visa for which you should apply

If you are a non-EEA national:

who does not hold a document called “Residence card of a family member of a Union citizen” as referred to in Articles 5(2) and 10(1) of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States, and
wishes to accompany or join an EU/EEA/Swiss citizen family member who is moving to or residing in Ireland pursuant to the Directive 2004/38/EC,
You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.

In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.

If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your application.

If you state that you wish to have your application considered on the basis of the Directive rather than under national law, and your application is refused, you will be offered the opportunity to apply under national law but the normal fee will apply.

Information for Irish Citizens residing in Ireland who wish to have their family members join them is available here.



How to apply

You must apply online for a visa.

When you have completed the online application process, you must follow the instructions on the summary application form that is created by the online system. The summary form will contain information on where you are to submit your supporting documentation. The summary form which you must print, sign and date must be submitted with your supporting documentation.

You may be required to provide your Biometric Information as part of the application process.



Fees

The visa fee for a short stay single entry visa is €60.

If you are a ‘qualifying family member’ of an EU/EEA /Swiss Citizen you are exempt from the visa fee.

The list of ‘qualifying family members’ is as follows:

Spouse
Child ( under 21 years)
Child (under 21 years) of the spouse
Adopted child (subject to adoption papers)
Dependent parent
Dependent parent of the spouse
Other dependent family members in the direct ascending line ( e.g. grandparent) or descending line( e.g. grandchild)
Other dependent family members of the spouse in the direct ascending (e.g. grandparent) or descending line ( e.g. grandchild)
You are also exempt from any other administrative fees relating to your application and may lodge your application in person at the relevant Irish Embassy/Consulate/Visa Office. Any postage or courier charges associated with the submission of your application are at your own expense.

If you are a family member other than a ‘qualifying family member’ you are required to pay the visa fee. Such family members are referred to in the relevant Irish statutory provisions as ‘permitted family members’

If you are required to pay the visa fee you may be able to pay the fee in local currency. You may be subject to additional charges relating to the submission of your documents. The website of the Visa Office/Embassy/ Consulate will have details about additional charges and local payment options.



How long will it take

Applications from ‘qualifying family members’ (see para. 3 above for list of ‘qualifying family members’) are processed on an accelerated basis, within four weeks from the time that the application is first received in an Irish Embassy/Consulate or Visa Office.

Applications from ‘permitted family members’ are not subject to the accelerated process. While every effort is made to process them within a reasonable time frame, processing times will vary having regard to the volume of applications and their complexity and resources available.



Supporting documentation

In order for you to establish that you are a ‘qualifying family member’

or a ‘permitted family member’ you must prove:

that there is an EU/EEA/Swiss citizen from whom you can derive rights under the Directive,
the existence of the required family relationship to that citizen including where relevant dependency or membership of the household,
that you will be accompanying or joining that citizen who is exercising free movement rights in Ireland or provide a declaration or statement of confirmation that the citizen will be exercising those rights at the time of your arrival in Ireland.


The proofs that may be required are:

proof of identity e.g. valid passports for the applicant family member and the EU citizen,
proof of family link e.g. a valid marriage or birth certificate - this is so that the visa officer can ascertain that the applicant is a family member of the EU citizen,
where relevant, proof of dependency or membership of the household,
proof that the EU/EEA/Swiss citizen is exercising free movement rights in Ireland e.g. proof that the EU/ EEA/Swiss citizen already resides in the State or a declaration or statement of confirmation that the EU/EEA/Swiss citizen will be exercising those rights at the time of the applicant family member’s arrival in Ireland - this is so that the visa officer can ascertain that the applicant family member will be residing in the State together with the citizen concerned.


If you submit a document that is not in English, it must be accompanied by a full translation. Each translated document must contain:

confirmation from the translator that it is an accurate translation of the original document;
the date of the translation;
the translator’s full name and signature; and
the translator’s contact details.
All letters submitted from a business, company or other organisation should be on official headed paper and give full contact details so that they can be verified. These must include a full postal address, name of contact, position in the organisation, telephone number (landline), website, and email address (email addresses such as Yahoo or Hotmail are not accepted)



For more information in relation to the processing of visa applications arising from the directive please may refer to the processing guidelines prepared for visa officers which are available here.



Visa Applications on behalf of a child (person under 18)

If a child under the age of 18 is travelling alone their birth certificate must be submitted with their application.

If a child under the age of 18 is travelling either alone or with a person other than their parent/legal guardian (e.g. adult relative), a written letter of consent from both parents/legal guardians is required.

These signed consents must be accompanied by copies of the consenting parent/legal guardians’ passports or national identity cards, which clearly show their signatures.

If the child is travelling with one parent/legal guardian, the consent of the other parent/legal guardian is required. This signed consent must be accompanied by a copy of the consenting parent/legal guardian's passport or national identity card which clearly shows their signature.

Where one parent has sole custody, a Court Order bestowing sole custody of the child on the parent concerned must be submitted.



Visa Approval

In the event that your visa application is approved you will be issued with a single journey short stay ‘C’ visa which will permit you to enter and reside in the State for up to 3 months.

In the event that you wish to remain in the State for more than 3 months as a family member of an EU/EEA/Swiss citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen.

If you are granted a short stay ‘C’ visa on the basis of the Directive and are joining an EU/EEA/Swiss citizen who is exercising free movement rights in the State you are advised to ensure that, on arrival in the State, you have proof of the EU/EEA/Swiss citizen’s residence in the State in your possession for production on request to the Immigration Official at the port of entry.

Failure to provide such proof may result in you being refused entry to the State and a visa warning being entered on your passport.



If you are granted a short stay ‘C’ visa on the basis of the Directive and accompanying an EU/EEA/Swiss citizen who intends to exercise free movement rights in the State you must, on arrival in the State, be accompanied by the EU/EEA/Swiss citizen.

Failure to be accompanied by the EU/EEA/Swiss citizen may result in you being refused entry to the State and a visa warning being entered on your passport.
married Aug 2014

khanmzk
Member
Posts: 149
Joined: Wed Mar 18, 2015 11:00 am

Re: EEA family member(spouse), ireland

Post by khanmzk » Sat Dec 05, 2015 12:48 pm

@wish_Uk the most important thing is you Dont have to worry about your previous immigration history as far
as you Dont have a CCJ(criminal court judgement).or a sentence of more the 12 months in the UK.which you Dont have so your fine.Secondly if you are planning to apply for ireland under EU law joining your EU spouse
it will take a long time minimum of 06 months you have to wait because they have a huge backlog of applications.still pending..
about processing time of EU join spouse visa ireland you can post on the below thread to find out the
latest processing time.this thread will definitely help you to make a decision.

http://www.immigrationboards.com/irelan ... 95325.html

Thirdly if you are with your EU spouse in pakistan and want to apply for EU spouse Join Visa under free movement then you must need these documents

1.get your nikah registar in local union council
2.get your spouse A POC card(nadra)
3.if previously your martial status in pakistan was single kindly ask nadra to update it to married
4.get a computrize nikah nama which is very important for immigration purposes a must..
5.get your nikah nama attested by foreign office MOFA
6.and in case if you have a UK GRO marriage certificate kindly send it back to UK to get a apostile from UK

above steps are very important for you to prove your relationship as husband and wife..
kindly post on this thread if you need any kind of help i am always available to assist..
You May see me struggling but you will never see me quitting

Ali_GG
Newly Registered
Posts: 8
Joined: Sat Dec 05, 2015 10:57 am

Re: EEA family member(spouse), ireland

Post by Ali_GG » Sat Dec 05, 2015 1:05 pm

Thanks wish_uk and khanamz for reply .. its really helpful ...
wht u suggest me to apply as travelling togather frm pakistan with my wife or whn my wife start workin in ireland thn I should apply ... ? Which route will take less tym .. ?

khanmzk
Member
Posts: 149
Joined: Wed Mar 18, 2015 11:00 am

Re: EEA family member(spouse), ireland

Post by khanmzk » Sat Dec 05, 2015 2:38 pm

@Ali_GG you can accompany your EU spouse for ireland and also she can go alone and you can join her later
in ireland but there is no such restriction on her to move first and then you can join her later.So its entirely
depend on your circumstances.Most importantly if she leave you and go to ireland to find a job and settle down
there you will be waiting for months before you join her again in ireland . becuase the processing time for EU join Spouse visa
under irish rules are very long know days.so you will be living alone without your wife for a long time which is
very frustrating.fe
there is another option if you move to any other EU country like france,itlay,spain,etc.And your wife accompany
you on the trip .it will be very quick for you .Also you can get a visa easily to these countries a short term visa will work for you.i am sure that you are aware of Schengen visa.And also once you are in these countries and your wife is exercising her treaty rights by working.You can get a resident card and then its possible for you to
return to UK while you are holding a EU resident card issued under rules.And Also what country national its your
wife??
You May see me struggling but you will never see me quitting

Ali_GG
Newly Registered
Posts: 8
Joined: Sat Dec 05, 2015 10:57 am

Re: EEA family member(spouse), ireland

Post by Ali_GG » Sat Dec 05, 2015 2:43 pm

Khanamz .. r u working for sum lawyer firm..? If I wanna contect u personally ..?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA family member(spouse), ireland

Post by Obie » Sat Dec 05, 2015 4:03 pm

You are entitled to apply now if you will be accompanied by your wife. No need to wait until she has started exercising treaty rights in Ireland.
Smooth seas do not make skilful sailors

Ali_GG
Newly Registered
Posts: 8
Joined: Sat Dec 05, 2015 10:57 am

Re: EEA family member(spouse), ireland

Post by Ali_GG » Sat Dec 05, 2015 5:24 pm

#obie .. can I apply even she is not even with me now .so we can say tht she gonna b there whn I will travel. N she will receive me at airport.. or we will hav to travel together frm pakistan?

khanmzk
Member
Posts: 149
Joined: Wed Mar 18, 2015 11:00 am

Re: EEA family member(spouse), ireland

Post by khanmzk » Sat Dec 05, 2015 5:42 pm

@ALI_GG i do not work for a law firm and also i am not a immigration expert.you can contact me on this
forum anytime.becuase i regularly check this forum.
secondly you are allowed to travel alone to ireland but your EU spouse have to be there in ireland at the
airport to receive you when you arrive there.There is no such restriction that you have to travel with your
wife..
You May see me struggling but you will never see me quitting

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA family member(spouse), ireland

Post by Obie » Sat Dec 05, 2015 5:48 pm

Ali_GG wrote:#obie .. can I apply even she is not even with me now .so we can say tht she gonna b there whn I will travel. N she will receive me at airport.. or we will hav to travel together frm pakistan?
You can apply, but she will need to be with you or already there when you arrive, provided you get the visa.

With your UK immigration History, which will be before the department, you need to work hard to ensure it is not used as a basis for refusal.
Smooth seas do not make skilful sailors

Ali_GG
Newly Registered
Posts: 8
Joined: Sat Dec 05, 2015 10:57 am

Re: EEA family member(spouse), ireland

Post by Ali_GG » Sat Dec 05, 2015 6:16 pm

And wht exactly supporting documents I need to apply for ths ...n wht u guys think should I apply through sum solicitor coz of my previous history. .or I should apply by myself as much I knw we dont need to much documents for ths ..and do we need to book hotel bookin or my spouse will hav to show sum proof of accommodation. ..?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA family member(spouse), ireland

Post by Obie » Sat Dec 05, 2015 6:38 pm

Hotel is strictly speaking not required.

Have you got a place to stay when you enter Ireland
Smooth seas do not make skilful sailors

Ali_GG
Newly Registered
Posts: 8
Joined: Sat Dec 05, 2015 10:57 am

Re: EEA family member(spouse), ireland

Post by Ali_GG » Sat Dec 05, 2015 6:42 pm

Yes .. we will manage it b4 I got there ... do my spouse will hav to show proof of adress whn I got there ..?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA family member(spouse), ireland

Post by Obie » Sat Dec 05, 2015 7:01 pm

When you apply for Residency
Smooth seas do not make skilful sailors

zaidamjad
Junior Member
Posts: 59
Joined: Thu Dec 18, 2008 10:51 am

Re: EEA family member(spouse), ireland

Post by zaidamjad » Sat Dec 12, 2015 5:32 pm

R u sure about waiting time ? As I got this from Irish immigration web site

""""
How long will it take

Applications from ‘qualifying family members’ (see para. 3 above for list of ‘qualifying family members’) are processed on an accelerated basis, within four weeks from the time that the application is first received in an Irish Embassy/Consulate or Visa Office.

Applications from ‘permitted family members’ are not subject to the accelerated process. While every effort is made to process them within a reasonable time frame, processing times will vary having regard to the volume of applications and their complexity and resources available."""""""



Correct me if I am wrong

wish_uk
Member of Standing
Posts: 264
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: EEA family member(spouse), ireland

Post by wish_uk » Fri Dec 25, 2015 8:39 pm

Hotel is strictly speaking not required.
can you please clearify why?

if some body do not have any other address, what should they write in address option?

i am non eu citizen, booked a flight on 12 Feb. what should we write in section of ADRESS IN IRELAND.
married Aug 2014

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA family member(spouse), ireland

Post by noajthan » Fri Dec 25, 2015 9:18 pm

Ali_GG wrote:Hii every1 .,
So here is story , was living in uk with my eea national partner. Go for register marriage but as u knw now a days thy r too active in marriage cases so thy detain me coz of my clg prob .. n said marriage is shame .. home office detained me ..my fiance come to my home country pakistan we get married here and apply for uk again under eea rules but again thy refused coz thy r still not satisfied with marriage as I snd thm nadra marriage certificate attested frm forighn office. . N court attested nikah with english traslation ..
so after w8ing long n fed up frm home office ..my wife decide to move to ireland .. so whtz gonna b the procedure if we want to apply for ireland .. can she apply for me straight or after workin 3 months ...
@ my previous history frm UK gonna affect our case or its not a problem?(no criminal record)
@ how long its gonna take
@ if my wife came to pak n we apply for travel togather or accompany vise ..whtz the chances ...?
Thanks in advance
UK history (as you have described it) should have no impact.

You can track other members' timelines on the relevant timeline thread. (Your mileage may vary).

You can travel together or else EEA national can go ahead & dependent can join spouse in target country.

This may help get you started on right path:
https://eumovement.wordpress.com/2007/0 ... u-citizen/

- note the explanation around (lack of) legal requirements;
for example no need to have (nor provide details of) any hotel reservation.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

wish_uk
Member of Standing
Posts: 264
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: EEA family member(spouse), ireland

Post by wish_uk » Sat Dec 26, 2015 10:23 pm

khanmzk wrote:@wish_Uk the most important thing is you Dont have to worry about your previous immigration history as far
as you Dont have a CCJ(criminal court judgement).or a sentence of more the 12 months in the UK.which you Dont have so your fine.Secondly if you are planning to apply for ireland under EU law joining your EU spouse
it will take a long time minimum of 06 months you have to wait because they have a huge backlog of applications.still pending..
about processing time of EU join spouse visa ireland you can post on the below thread to find out the
latest processing time.this thread will definitely help you to make a decision.

http://www.immigrationboards.com/irelan ... 95325.html

Thirdly if you are with your EU spouse in pakistan and want to apply for EU spouse Join Visa under free movement then you must need these documents

1.get your nikah registar in local union council
2.get your spouse A POC card(nadra)
3.if previously your martial status in pakistan was single kindly ask nadra to update it to married
4.get a computrize nikah nama which is very important for immigration purposes a must..
5.get your nikah nama attested by foreign office MOFA
6.and in case if you have a UK GRO marriage certificate kindly send it back to UK to get a apostile from UK

above steps are very important for you to prove your relationship as husband and wife..
kindly post on this thread if you need any kind of help i am always available to assist..
first of all thanks to mention my name in you post, but this is not relevant to me,

secondly, my concerns are as following,
I am living in Hungary with my eu spouse, I have only Italian residence card (not family member)
my Family member residence card application has been refused because of contradiction in only four answers during interview.and they say this marriage is marriage of convenience

me too want to apply short stay visa for ireland, and obviously from ireland will try to move to Uk,

i am scared while processing my visa application by Irish authorities they can be informed by Hungarian authorities that I have been refused before,

will this Residence card refusal affect my application

thanks for helping me out
married Aug 2014

khanmzk
Member
Posts: 149
Joined: Wed Mar 18, 2015 11:00 am

Re: EEA family member(spouse), ireland

Post by khanmzk » Sun Dec 27, 2015 11:01 am

@wish_uk i am really confused about your location earlier you told me that you are in pakistan with your
partner know i came to know that you are in hungary holding a italian residence card?? not as a member of EEA family member but just a resident kindly clarify that ambiguity for further discussion on your problem.i am happy to discuss the problem many thanks...
You May see me struggling but you will never see me quitting

khanmzk
Member
Posts: 149
Joined: Wed Mar 18, 2015 11:00 am

Re: EEA family member(spouse), ireland

Post by khanmzk » Sun Dec 27, 2015 11:06 am

@zaidamjad things are change know kindly check this thread to update your info

http://www.immigrationboards.com/irelan ... 95325.html
You May see me struggling but you will never see me quitting

wish_uk
Member of Standing
Posts: 264
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: EEA family member(spouse), ireland

Post by wish_uk » Sun Dec 27, 2015 11:45 am

@wish_uk i am really confused about your location earlier you told me that you are in pakistan with your
partner know i came to know that you are in hungary holding a italian residence card?? not as a member of EEA family member but just a resident kindly clarify that ambiguity for further discussion on your problem.i am happy to discuss the problem many thanks...
I am Pakistani having an Italian Residence Card (humanitarian reason), I applied asylum in Italy and got this card, now it is valid up to May 2017.
married on 21 Aug 2014
applied residence card In Hungary and refused on 30 sept 2015 now appeal is in process.
I dont know what will happen in future with my appeal,
me and my wife want to leave Hungary, we want to apply Short stay visa for Ireland.
I hope now you understand my situation.
I am double minded now, may be Irish authorities check my immigration status in Hungary and if they will be informed about my refusal, it will be very bad effect on my application
kind regards
married Aug 2014

agusienka
Newly Registered
Posts: 17
Joined: Mon Jan 18, 2016 3:07 pm

Re: EEA family member(spouse), ireland

Post by agusienka » Tue Jan 19, 2016 9:19 am

Hi
Anyone knows what it is now time to wait for a visa EEA familly member spouse? ?

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