Any 2009 Citizenship Applications still waiting too ?

[LouDublin]

Is anyone else still waiting that applied for Citizenship in 2009 ? It is so upsetting waiting so long. My husband applied in Feb 09. We just feel after waiting this long, if he is refused it will be heartbreaking. I am an Irish citizen and so are our children.

[IntegratedMigrant]

Is anyone else still waiting that applied for Citizenship in 2009 ? It is so upsetting waiting so long. My husband applied in Feb 09. We just feel after waiting this long, if he is refused it will be heartbreaking. I am an Irish citizen and so are our children.

His case is really complex and that brings a question why?
Has he ever committed any offense? If yes what?

[LouDublin]

Thank you for your reply. He has no offense. The only situation that might cause worry is in 2007 we went to my sisters wedding in the UK, he was stopped in emigration and was not allowed entry as he did not have the correct visa to enter uk for short stay. He was held overnight and returned to Ireland next day. We got a letter recently from the citizenship office about this and we responded with a letter stating reasons why etc.
They say they take their relations with the Uk very seriously.
He has travelled through the Uk multiple times previously. We hope this does not affect his application. As it was just a case of not having the correct entry visa at the time.
Do you think this would cause refusal of application ?

[IntegratedMigrant]

Now I see the reason why his application is taking soo long. His case is really complex!.

When he applied, did he mentioned about the offence on the application form, or did INIS found out and ask you for the letter?
There are 2 possibilities

1. If it is that he did not mention this offence on his application, that could lead to the refusal as INIS will believe that he was trying to conceal it.

2. If he did mention it, there are possible chances that he will be granted citizenship. Supposedly that he will be granted citizenship, this will take considerably amount of time as his case is an immigration offence.

As for me his chance in this case is 50/50 really but there is a chance.

You and your kids are Irish, and the Minister in his discretion may use that to grant him citizenship as he will suffer dearly if refused. With that said, he will be granted I hope.

[EUsmileWEallsmile]

Thank you for your reply. He has no offense. The only situation that might cause worry is in 2007 we went to my sisters wedding in the UK, he was stopped in emigration and was not allowed entry as he did not have the correct visa to enter uk for short stay. He was held overnight and returned to Ireland next day. We got a letter recently from the citizenship office about this and we responded with a letter stating reasons why etc.
They say they take their relations with the Uk very seriously.
He has travelled through the Uk multiple times previously. We hope this does not affect his application. As it was just a case of not having the correct entry visa at the time.
Do you think this would cause refusal of application ?

At the time of refusal to the UK, were you married, were you travelling together? If so, the entry should have been allowed.

[EUsmileWEallsmile]

Thank you for your reply. He has no offense. The only situation that might cause worry is in 2007 we went to my sisters wedding in the UK, he was stopped in emigration and was not allowed entry as he did not have the correct visa to enter uk for short stay. He was held overnight and returned to Ireland next day. We got a letter recently from the citizenship office about this and we responded with a letter stating reasons why etc.
They say they take their relations with the Uk very seriously.
He has travelled through the Uk multiple times previously. We hope this does not affect his application. As it was just a case of not having the correct entry visa at the time.
Do you think this would cause refusal of application ?

At the time of refusal to the UK, were you married, were you travelling together? If so, the entry should have been allowed.

OP, please note this and answer this question if you can.

[Beeline]

Is anyone else still waiting that applied for Citizenship in 2009 ? It is so upsetting waiting so long. My husband applied in Feb 09. We just feel after waiting this long, if he is refused it will be heartbreaking. I am an Irish citizen and so are our children.

I've been waiting since the beginning of 2008 which makes it 5 years waiting time!!!

[Soco]

Hi every one,

I have a similar situation.

I applied for citizenship end of January 2012 and LTR med of febrary2012. (Got letter from LTR asking for employment letter and work contract which I sent last week)

I was on student visa from 2000 until 2007 I got employment. I was on work permit and now I have stamp 4.
I usually have UK visa on my passport. And in Oct 2002 (10 year ago) I went to UK using the Ferry to Manchester there was gales and ferry stop for few days I delayed t coming back to Ireland until sure the start their journey again and at that time my visa was expires by ONE DAY ONLY.
The immigration officer ask me about my friend address and didn’t have it cos she change address because of that they gave me a letter of removal ( I don’t know if you will call it deportation??)

After that by 2 month I applied again for UK visa and I got it..
I didn’t mention this in my application ( I fill my application with the of the help of the citizenship support team in Dublin, they said it’s not offence and no need to write it down?!!

NOW am I having a problem here with this situation???

Sorry for the long replay!!!

Soco

[IntegratedMigrant]

Hi every one,

I have a similar situation.

I applied for citizenship end of January 2012 and LTR med of febrary2012. (Got letter from LTR asking for employment letter and work contract which I sent last week)

I was on student visa from 2000 until 2007 I got employment. I was on work permit and now I have stamp 4.
I usually have UK visa on my passport. And in Oct 2002 (10 year ago) I went to UK using the Ferry to Manchester there was gales and ferry stop for few days I delayed t coming back to Ireland until sure the start their journey again and at that time my visa was expires by ONE DAY ONLY.
The immigration officer ask me about my friend address and didn’t have it cos she change address because of that they gave me a letter of removal ( I don’t know if you will call it deportation??)

After that by 2 month I applied again for UK visa and I got it..
I didn’t mention this in my application ( I fill my application with the of the help of the citizenship support team in Dublin, they said it’s not offence and no need to write it down?!!

NOW am I having a problem here with this situation???

Sorry for the long replay!!!

Soco

Letter of removal is more like a deportation order. Your visa was expired for one day which means that you was in the country illegally for one day and therefore not complying with the UK immigration law.

Note: You should never overstay your visa which is mostly in all immigration law

As far as I know I think it is an offense that you failed to comply with the immigration law and was subjected to deportation (Letter of removal).

My advice is ring INIS and inform them about the situation and tell them you never knew this was an offense

[Goldenpaul]

Dear Soco, I would advice you that you should not worry, if this issue is going to cause problem on your application they would be the first to write you to explain about the incident. what you are passing through is a victim of backlog, you will be fine please do not worry.

[LouDublin]

Thank you all for your replies. Yes we are married since 2003 so we were married at the time. We had return flights together to Ireland but he was still refused entry. I will never forget the heartbreak it caused at the time. His UK entry visa was out of date at the time which was an oversight on our parts. But was a genuine mistake as we had travelled to the UK before.

It has opened my eyes to the way people with different nationalities are treated so unfairly.

[EUsmileWEallsmile]

Thank you all for your replies. Yes we are married since 2003 so we were married at the time. We had return flights together to Ireland but he was still refused entry. I will never forget the heartbreak it caused at the time. His UK entry visa was out of date at the time which was an oversight on our parts. But was a genuine mistake as we had travelled to the UK before.

It has opened my eyes to the way people with different nationalities are treated so unfairly.

Reading your earlier post, I understand that you travelled together to the UK as a married couple in 2007 (with an exired visa).

In this instance, article 5.4 of the directive 2004/38/EC

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

and

Regulation 11.4 of the UK's The Immigration (European Economic Area) Regulations 2006 would have applied to your situation.

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—
(a) an EEA national;
(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom

Were you given the opportunity specified in the directive or in the UK's regulations?

Did you receive any formal notification from the authorities refusing entry? Do you still have it?

Clealy, there is a record of this irregular entry in the UK and or Irish system now. Even at this late stage, this might be rectified.

[Directive/2004/38/EC]

Were you given the opportunity specified in the directive or in the UK's regulations?

Did you receive any formal notification from the authorities refusing entry? Do you still have it?

Clealy, there is a record of this irregular entry in the UK and or Irish system now. Even at this late stage, this might be rectified.

This is right.

If you try to enter an EU member state with your EU spouse and you do not have a required visa, border officials must let you in if you can prove that you are married. See http://eumovement.wordpress.com/2010/08 ... to-travel/

This applies fully if you have an Irish spouse and try to enter the UK.

My wife and I entered Ireland on this basis in 2007!

The non-EU spouse was improperly denied entry to Ireland and in fact detained. The Irish government was ordered to pay 7500 euro, which is a small compensation. See http://courts.ie/Judgments.nsf/09859e7a ... enDocument

[LouDublin]

Reading your earlier post, I understand that you travelled together to the UK as a married couple in 2007 (with an exired visa).



[b]I had arrived in London the day before my husband did. We did not travel to the UK together. He tried to join us a day later. We had return flights to travel back to Ireland together. So maybe if we had been travelling together he might have got entry ?[/b]

In this instance, article 5.4 of the directive 2004/38/EC

[quote]Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.[/quote]

and

Regulation 11.4 of the UK's The Immigration (European Economic Area) Regulations 2006 would have applied to your situation.

[quote]
(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—
(a) an EEA national;
(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom[/quote]

Were you given the opportunity specified in the directive or in the UK's regulations?


[b]No[/b]
Did you receive any formal notification from the authorities refusing entry? Do you still have it?


[b]We have the paperwork from his refusal of entry and have sent that to INIS. [/b]

Clealy, there is a record of this irregular entry in the UK and or Irish system now. Even at this late stage, this might be rectified.[/quote]

[EUsmileWEallsmile]

I had arrived in London the day before my husband did. We did not travel to the UK together. He tried to join us a day later. We had return flights to travel back to Ireland together. So maybe if we had been travelling together he might have got entry ?

The terms of the directive were being complied with if this is the case. The directive allows non-EU family members to accompany or join their EU national family member.

[EUsmileWEallsmile]

Were you given the opportunity specified in the directive or in the UK's regulations?


No

Did you receive any formal notification from the authorities refusing entry? Do you still have it?


We have the paperwork from his refusal of entry and have sent that to INIS.

Clealy, there is a record of this irregular entry in the UK and or Irish system now. Even at this late stage, this might be rectified.

If you were married and your non-EU spouse tried to join you, the entry could have been permitted. It is important that you understand your rights.

Are they clear to you?

[LouDublin]

If you were married and your non-EU spouse tried to join you, the entry could have been permitted. It is important that you understand your rights.

Are they clear to you?[/quote]

Yes thank you so much for all this information. I never heard of this directive before now.

Our application was submitted originally by our solicitor to INIS. So maybe if it is refused for this reason, we may have reason to appeal.

After the incident in 2007 we approached a solicitor about our rights as we felt we were treated unfairly.

[EUsmileWEallsmile]

I would not jump to conclusions and presume that it has been refused. You do know, however, that the entry to the UK should not have been automatically refused.

[Directive/2004/38/EC]

Am I correct on the following:
(1) On arrival to the UK, the non-EU citizen did not have an EEA Family Permit and was not travelling with the EEA citizen
(2) The EEA citizen was planning to arrive in the UK the next day.

Did they actually come to the UK before the non-EU citizen was refused entry?

[LouDublin]

[quote="EUsmileWEallsmile"]I would not jump to conclusions and presume that it has been refused. You do know, however, that the entry to the UK should not have been automatically refused.[/quote]

Yes thank you so much for clarifying this.

We will just keep hoping he gets approval soon. I have given up ringing and contacting INIS as we can't get through or get the same response.

Good luck to all others with applications.

[EUsmileWEallsmile]

Am I correct on the following:
(1) On arrival to the UK, the non-EU citizen did not have an EEA Family Permit and was not travelling with the EEA citizen
(2) The EEA citizen was planning to arrive in the UK the next day.

Did they actually come to the UK before the non-EU citizen was refused entry?

I hope LouDublin is still bearing with us despite the interlude - some posts now moved to another thread.

LouDublin wrote that she is an Irish citizen and that her husband is seeking citizenship. Her husband had been refused entty to the UK. She had travelled to London a day before he had (therefore accompanying).

LouDublin - please confirm I've got this right. Thanks.

[LouDublin]

[quote="EUsmileWEallsmile"][quote="Directive/2004/38/EC"]Am I correct on the following:
(1) On arrival to the UK, the non-EU citizen did not have an EEA Family Permit and was not travelling with the EEA citizen
(2) The EEA citizen was planning to arrive in the UK the next day.

Did they actually come to the UK before the non-EU citizen was refused entry?[/quote]

I hope LouDublin is still bearing with us despite the interlude - some posts now moved to another thread.

LouDublin wrote that she is an Irish citizen and that her husband is seeking citizenship. Her husband had been refused entty to the UK. She had travelled to London a day before he had (therefore accompanying).

LouDublin - please confirm I've got this right. Thanks.[/quote]

Yes this is correct, thanks

[LouDublin]

Did any 2009 applicants get approval and invitation to March 2013 ceremony ?

[divinewill]

how is he going to suffer if he is not granted

[LouDublin]

[quote="divinewill"]how is he going to suffer if he is not granted[/quote]

Sorry bit of a strange question. Can you clarify what you mean please ?