non EEU married to EEU emember italien

dahmane · Post by **dahmane** » Wed Jan 30, 2008 3:42 pm

I'm an Algerian and I married an Italian almost two years ago. We applied for me to live in Ireland as I'm married to an Italian. We recieved a letter of refusal from the Immigration office. Their "thinking" is that you must have lived in another EU country with your spouse to quliafy to live in Ireland as a spouse to an EU member. How is that possible if you meet your spouse in Ireland?? Do they want you to move to another EU country, find a job, home, and then come back to this place and have to start all over again? We have tried to appeal but they have basically told us to wait and when we call them for any information, they tell us they don't know anything yet. How can the Immigration office not know anything about immigration?? We are left to wait for only God knows when, 2years, 3years, 5years??? Or whenever they decide to do something. My wife works and pays taxes to this Irish government. I can't see my family and we are left in a big black hole. It puts so much pressure on us, when we only want the chance like everyone else, to live a life as any couple should be. Please if anyone can maybe help or give any advise, we would be so greatfull.

seabhcan · Post by **seabhcan** » Wed Jan 30, 2008 4:14 pm

dahmane wrote:I'm an Algerian and I married an Italian almost two years ago. We applied for me to live in Ireland as I'm married to an Italian. We recieved a letter of refusal from the Immigration office. Their "thinking" is that you must have lived in another EU country with your spouse to quliafy to live in Ireland as a spouse to an EU member. How is that possible if you meet your spouse in Ireland?? Do they want you to move to another EU country, find a job, home, and then come back to this place and have to start all over again? We have tried to appeal but they have basically told us to wait and when we call them for any information, they tell us they don't know anything yet. How can the Immigration office not know anything about immigration?? We are left to wait for only God knows when, 2years, 3years, 5years??? Or whenever they decide to do something. My wife works and pays taxes to this Irish government. I can't see my family and we are left in a big black hole. It puts so much pressure on us, when we only want the chance like everyone else, to live a life as any couple should be. Please if anyone can maybe help or give any advise, we would be so greatfull.

There are a lot of people in this situation.

Some find the easiest solution is to move to northern Ireland and apply under UK law, which doesn't have this bizarre rule.

Post by **archigabe** » Wed Jan 30, 2008 4:58 pm

Have a read through here
http://www.immigrationboards.com/viewtopic.php?t=18463
and
http://www.immigrationboards.com/viewtopic.php?t=17984

rainbow2007 · Post by **rainbow2007** » Wed Jan 30, 2008 9:31 pm

All ideas are nice, but in practice it does not work as easy as it could be.

- we went for stamp 3 while waiting for and outcome and they said NO
They also sais you cant study and you cant work.

- quick trip is not possible
to get residency in another Eu Member State you have to enter the country on non travel visa and stay there more then 90 days.

its not to disappoint you. Its to worn.
we are in the very same trap!!

Rainbow2007

Post by **Directive/2004/38/EC** » Wed Jan 30, 2008 9:45 pm

rainbow2007 wrote:- quick trip is not possible
to get residency in another Eu Member State you have to enter the country on non travel visa and stay there more then 90 days.

Not true at all. You are also "resident", as an EU citizen or family of an EU citizen, if you are in another member state for under 90 days. In fact you are resident if you are there overnight.

See http://eumovement.wordpress.com/2007/06 ... -question/

rainbow2007 · Post by **rainbow2007** » Wed Jan 30, 2008 9:51 pm

So if we will get an negative decision,
can we then appeal, on the basis that we were in Poland for 12 days
before getting married?
My hubby had that time Irish student visa.
Can he be considered as a resident in Poland so??

rainbow2007 · Post by **rainbow2007** » Wed Jan 30, 2008 9:51 pm

So if we will get an negative decision,
can we then appeal, on the basis that we were in Poland for 12 days
before getting married?
My hubby had that time Irish student visa.
Can he be considered as a resident in Poland so??

Post by **Directive/2004/38/EC** » Wed Jan 30, 2008 10:22 pm

I would encourge you to do that. In fact, I would encourage you to send a letter now to DOJ clearly indicating that you were previously resident in Poland. Include reference to the Irish law, the EU law, and maybe even the Polish law.

dahmane · Post by **dahmane** » Thu Jan 31, 2008 12:51 am

my wife she italian and from U S A too,if any one can give us help or good advise ,what we can do now ,i am sure the DOJ,they don`t care and because we are not irish,if we stay like that for 50 years what the problwm for them,it nothing?????pleas any one got good news pleas contact us ,thnaks

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non EEU married to EEU emember italien

non EEU married to EEU emember italien

Re: non EEU married to EEU emember italien

any help oe good advise