Join family visa

[Vez]

Hi,
Please help us, my husband who is from Albania applied for his join family visa in July 2016, it's been over 2 years now and have no clue how much longer.
I'm British citizen living in Ireland been here over 2 years and he is living in Albanian.
We have tried everything, emailing and writing to inis and all we get is the same response saying it's awaiting to be processed. I've tried contacting my local Td's and they can't help.
He does have a criminal record and was deported from the uk,he returned back to the uk because he feared for his life he also worked illegally in the uk and got deported again hence why I moved to Ireland hoping for a fresh start. I can understand it would take longer than the recommended time due to his background but still it's not fair to keep us in lingo for this long.

[max307]

UK and Ireland share immigration information. Did you disclose all those details about this background to INIS?

If you disclosed his background details while in the UK it is understandable the delay, if you still waiting it’s a good sign because at least they are considering the application and haven’t rejected yet.

Even applicants with a clean record are facing delays nowadays. Did you try to write a letter of remorse? Are you able to get advise from a solicitor? It sounds like a difficult case so I would try to get some legal advise. If you can’t afford a solicitor there are some free legal clinics in Ireland for immigrants that you maybe can get in touch with and ask for their recommendation.

[Vez]

i did tell them about his record when I applied for the visa when I moved to Ireland.
I've tried so many times to explain to inis how this is effecting our lives,my mother passed away this time last year and I Pleaded with them to help us.
They also sent me a letter in November 2017
Asking if we still wanted to go ahead with the visa as we have been waiting so long and asked for more information which I sent to them straight away and it did state at the bottom of the letter that it would be processed as soon as they receive it from me, but we are still waiting

[ryuzaki]

Are you applying under your article 10 treaty rights? Because that is supposed to be fast tracked.

You could submit a complaint to the EU ombudsman:

https://www.ombudsman.europa.eu/en/how- ... dsman-help

[Vez]

I'm not sure, we just applied for the join family visa.should I still make a complaint?
Would this slow our application down if I did that?
Also, would you have any idea how much longer we could be waiting for?
Thanks Vez

[ryuzaki]

I'm afraid I don't know the answer to any of that. I'm just starting my application the same as your one.

[max307]

i did tell them about his record when I applied for the visa when I moved to Ireland.
I've tried so many times to explain to inis how this is effecting our lives,my mother passed away this time last year and I Pleaded with them to help us.
They also sent me a letter in November 2017
Asking if we still wanted to go ahead with the visa as we have been waiting so long and asked for more information which I sent to them straight away and it did state at the bottom of the letter that it would be processed as soon as they receive it from me, but we are still waiting

Personally I wouldn’t recommend a complaint against INIS because they do have reasons to delay your husband’s application. He does have an extensive bad record with immigration in the UK and they do share that information with Irish authorities.

My best advise is to write a letter of remorse on your husband behalf to INIS and get some legal help to represent you and your husband. If you don’t act on it you could be waiting for a very long time or end up getting a visa denial because they do have grounds for it.

[Vez]

Ok,thanks max I'll write to them.
Could you recommend any legal team?
I'm based in cashel, don't have much money thou

[CR001]

Ok,thanks max I'll write to them.
Could you recommend any legal team?
I'm based in cashel, don't have much money thou

Under the forum T&Cs, members are not permitted to name legal advisors or solicitors.

[max307]

Ok,thanks max I'll write to them.
Could you recommend any legal team?
I'm based in cashel, don't have much money thou

I can't share their information here but feel free to google them. Some of the immigrant legal clinics in Ireland offer free service so you won't need to pay for advise.

[Vez]

Ok what I don't understand is that according to eu law my husband has the right to leave with me here and has the same rights as me.
So why is it such a complicated issue and why is it taking so long?

[max307]

Ok what I don't understand is that according to eu law my husband has the right to leave with me here and has the same rights as me.
So why is it such a complicated issue and why is it taking so long?

There is no automatic right for non-EEA nationals who are family members of EU citizens to migrate on a long term basis to Ireland, your husband is a visa required national that will need to go through the same process as everyone else. The fact that he has negative immigration background (criminal record, overstays, deportations, illegal entries, etc.) in the EU is a con and his application understandably will go through a tougher process than if his immigration background was clean.

What part are you struggling to understand?

[Vez]

Well that's clear enough thanks max, sorry my head is all over the place and can't think clearly.
Do you think we should wait and hope for Ireland or try moving to a different country we were thinking Malta?

[max307]

Well that's clear enough thanks max, sorry my head is all over the place and can't think clearly.
Do you think we should wait and hope for Ireland or try moving to a different country we were thinking Malta?

I’m not familiar with the immigration process in Malta so I can’t really comment on that.

Technically any EU country that you move to his negative immigration background (criminal record, overstays, deportations, illegal entries, etc.) will need to be disclosed when applying for a visa for him, you will be starting a new application from scratch so that will add extra time to an already complicated case.

I think it’s cheaper to get a solicitor in Ireland to help you with the application than relocating to Malta just for the sake of trying another EU without the certainty of success but at the end of the day the final decision it’s yours.

[shpirtshqipe]

Technically any EU country that you move to his negative immigration background (criminal record, overstays, deportations, illegal entries, etc.) will need to be disclosed when applying for a visa for him, you will be starting a new application from scratch so that will add extra time to an already complicated case.

Malta is part of the Schengen Visa Scheme. Albanians can travel within the Schengen area without requiring a visa up to 3 months.

Therefore getting in Malta shouldn’t be an issue providing the husband isn’t restricted travelling within the Schengen area

Regards

[max307]

Technically any EU country that you move to his negative immigration background (criminal record, overstays, deportations, illegal entries, etc.) will need to be disclosed when applying for a visa for him, you will be starting a new application from scratch so that will add extra time to an already complicated case.

Malta is part of the Schengen Visa Scheme. Albanians can travel within the Schengen area without requiring a visa up to 3 months.

Therefore getting in Malta shouldn’t be an issue providing the husband isn’t restricted travelling within the Schengen area

Regards

They will need to apply for a visa/residence for him to stay there legally after 3 months, Albanians are not restricted to travel within the Schengen area for 3 months but after that time is over they will need to get an application with immigration in Malta for him to stay legally unless they are trying to do something different.

[shpirtshqipe]

They will need to apply for a visa/residence for him to stay there legally after 3 months, Albanians are not restricted to travel within the Schengen area for 3 months but after that time is over they will need to get an application with immigration in Malta for him to stay legally unless they are trying to do something different.

My understanding is that once you’ve applied for the 5 Year Residence Permit then that in itself will give her husband Temporarily leave to remain in Malta (whilst and until a final decision has been reached, Like in the case of Ireland’s Stamp 4).

I understand he has an immigration history however surely upon application to Maltese authorities they can’t just deport him without a reason. After all he’s entering Malta legally and following the correct procedures of applying for the Residence Permit. I do not see how Malta can refuse him to remain temporarily there whilst a final decision is reached.

[max307]

They will need to apply for a visa/residence for him to stay there legally after 3 months, Albanians are not restricted to travel within the Schengen area for 3 months but after that time is over they will need to get an application with immigration in Malta for him to stay legally unless they are trying to do something different.

My understanding is that once you’ve applied for the 5 Year Residence Permit then that in itself will give her husband Temporarily leave to remain in Malta (whilst and until a final decision has been reached, Like in the case of Ireland’s Stamp 4).

I understand he has an immigration history however surely upon application to Maltese authorities they can’t just deport him without a reason. After all he’s entering Malta legally and following the correct procedures of applying for the Residence Permit. I do not see how Malta can refuse him to remain temporarily there whilst a final decision is reached.

I never said he will be refused residence in Malta. My point is that OP has already an ongoing application in Ireland and is considering to withdraw this application, move to Malta and start a new application from there and asking our advise.