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Forum to discuss all things Blarney | Ireland immigration

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meleryan
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Joined: Sun Apr 01, 2012 5:11 pm

Join Spouse visa

Post by meleryan » Fri Jul 12, 2013 9:53 am

Hi,

I am EU citizen, my husband recently applied for Join spouse visa in his residence country.
Anyway I provided him with all my docs including also divorce papers from my 1st marriage ( I was previously married also to non EU ) as I still carry my ex husband's surname in case it will pop up on the immigration system.
Was that a right move? One of my mates is saying that I am brought on his application red flag but how come? I have right to get divorce and re-married, right?
It is very important to me that our application go smooth as we we have together 2 years old son who is missing his daddy terribly :(

IntegratedMigrant
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Location: Irish Naturalisation & Immigration

Post by IntegratedMigrant » Fri Jul 12, 2013 10:31 am

What you did was absolutely right. If you hadn't produced a divorced papers, it may come to hunt you later on when applying for the likes of social welfare benefits, LTR and Citizenship.

It is advisable that you are straight forward with any/all applications.
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Sun Jul 14, 2013 7:48 pm

And also, of course you have the right to re-marry, and I don't think they will stop you husband because of that (especially if you have a child together).

The reason immigration services have to be careful is that there are a small number of crap EU citizens who are making a business our of charging non-EU citizens to get married and help them obtain a Stamp 4 EUFam. So when the same EU citizen gets married to non-EU citizens twice and sponsors both spouses for a Stamp 4, it makes sense to look at the application with extra care. But as it looks like if you have a child with your husband and have been separated from your ex-husband for a while, I don't think there should be a problem in your case :-) You were right to be honest about it anyway.

meleryan
Junior Member
Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Mon Jul 15, 2013 1:43 pm

Thanks guys!
Does anybody know how long it takes to proceed with short stay visa application?

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Mon Jul 15, 2013 2:55 pm

meleryan wrote:Thanks guys!
Does anybody know how long it takes to proceed with short stay visa application?
In theory they are supposed to have an expedited process for EU Treaty Right applications and process them in 2-3 weeks directly at the embassy instead of sending them to Dublin.

In practice some embassy staff seem to be unaware of this and send the applications to Dublin. If they do this it can take 2-3 months.

It depends on the embassy where he made the application. If it is one where they receive a lot of them and are used to it (China, India, etc, ...), they should know and follow the process.
Last edited by jeupsy on Mon Jul 15, 2013 3:24 pm, edited 1 time in total.

meleryan
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Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Mon Jul 15, 2013 3:01 pm

He is applying in Irish embassy in Cyprus, and lady told him that it will be sent to Dublin but she could not say how long it takes, she just gave general phone number to call them but....nobody answers it :))))

jeupsy
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Post by jeupsy » Mon Jul 15, 2013 3:26 pm

Argh ... It might take some time then :-s

But as long as you are not in a rush it should be fine, your application seems to be solid.

meleryan
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Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Mon Jul 15, 2013 3:32 pm

To be honest I want him to come ASAP, we have son who is 2 years old and has not seen his father for 3 months now. It seems to be hard on him, when he sees him on Skype he is crying and it is heartbreaking for me.

I am just wondering now, lets say Immigration will have some questions or they would want some other docs would they contact me or just refused straight away?

jeupsy
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Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Mon Jul 15, 2013 3:55 pm

If there are missing documents, they are legally not allowed to refuse the application without giving you an opportunity to provide them first.

You can thank the EU for that ;-)

The 2 keys points are:
- Showing that you are exercising EU Treaty rights in Ireland (working, student, or self-employed) - if you are working a work contract and P60 should do
- Showing that he is a member of your family - a marriage certificate and birth certificate of your child showing he is the father make this pretty clear

If you provided these documents, and don't really think they can deny the application ...

meleryan
Junior Member
Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Mon Jul 15, 2013 4:04 pm

Thanks God!
I provide them with:

- work contract;
- letter from HR confirming my salary;
- lease contract;
- Registration Letter from Private Tenancy Board;
- Confirmation letter from the VHI about my private medical policy himself and my child are included in my policy ( as proof of address);
- Divorce Document regarding my 1st marriage;
- Marriage Certificate;
- Birth Certificate;
- Letter from my GP confirming that my son attends his surgery;
- Certified copies of passports for myself and my son

I believe that is all. My salary is quite good in range 30-40K p/a.
I hope that all above will satisfy them

meleryan
Junior Member
Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Wed Jul 17, 2013 11:59 am

Quick question.

Lets say he will be granted visa, there are no direct flights from Cyprus to Dublin, he would have connection in London - 2hrs - do you think that he needs to apply for transit visa?

IntegratedMigrant
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Post by IntegratedMigrant » Wed Jul 17, 2013 10:56 pm

meleryan wrote:Quick question.

Lets say he will be granted visa, there are no direct flights from Cyprus to Dublin, he would have connection in London - 2hrs - do you think that he needs to apply for transit visa?
My answer is NO
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

jeupsy
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Post by jeupsy » Thu Jul 18, 2013 7:09 am

I also *think* there is a transit visa exemption if you hold a visa for Ireland and are heading there, but I would double check with the British to avoid any issue.

meleryan
Junior Member
Posts: 64
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Post by meleryan » Thu Jul 18, 2013 8:23 am

I have contacted WorldBridge and they sent me below:



Thank you for contacting WorldBridge Service, The UK Border Agency's Commercial Partner. We appreciate your patience regarding the response to your enquiry as WorldBridge strives to provide the most accurate responses to all enquiries. Below you will find the response to that enquiry.

If you are a national of a country covered by the DATV system, you may be able to transit the UK airside without a visa. To qualify for this exemption:

you must arrive and depart by air; and
your onward flight must be confirmed, and must depart within 24 hours; and
you have proper documentation for your destination, including a visa if necessary.

Egypt is a country covered under the DATV system.

Given the information provided, your husband would not need a visa to transit the UK, however the final decision is dependant on the discretion of the border officers once he has arrived at the airport.

So basically at the end it depends at the current mood status of the border officer :))

As an update Irish Embassy called my husband today to show them residence permit in Cyprus (it is called there YELLOW SLIP) actually he has only receipt from Cypriot Immigration that documents to grant have been filed and he is awaiting decision. He said that to lady while applying for Irish visa and offered her copy of the receipt but she said it is fine, today she called to bring her an original, just wondering why.

jeupsy
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Post by jeupsy » Thu Jul 18, 2013 11:12 am

I am not super specialist of these things, but in my opinion their answer to you is inaccurate.

Since Ireland is part of the CTA (common travel area) it is not possible to transit "airside" while going to Ireland as they mention. Your husband will have to transit "landside" which is not as flexible in terms of visa exemptions.

In more simple language: because the UK and Ireland have a common travel area similar to Shengen in the rest of Europe, the boarding gates from the UK to Ireland are not in the international transit area of the airport but are in a part of the airport which is considered part of the UK. So in order to board on a flight to Ireland you effectively have to enter the UK, which is why 'airside' transit is not possible (whereas it it was a connection the US or another EU country it wouldn't be the case).

This is clearly stated on the website of the UKBA: http://www.ukba.homeoffice.gov.uk/visas ... h-the-cta/

Having said that, if you look here under "Transit without visa concession" it says that you can transit landside without a visa if you hold "a valid uniform format category D visa for entry to a state in the European Economic Area (EEA)" - which could be the case for your husband (though he might also get issued a category C visa). So I think this might work but don't know of anyone who has tested this.

So again I am not 100% sure, but I strongly believe the explanation they gave you is not correct - even though hopefully the outcome is the same and no visa is required.
Last edited by jeupsy on Thu Jul 18, 2013 11:19 am, edited 1 time in total.

jeupsy
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Post by jeupsy » Thu Jul 18, 2013 11:15 am

One more note: many other European countries will clearly offer visa free transits if you can find flights through there. Examples with big and well connected airports are Germany, France and the Netherlands.

meleryan
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Post by meleryan » Thu Jul 18, 2013 11:25 am

Jeupsy TRUE the answer is unclear to me as well.
To be honest the most affordable tickets are from British Airways, Lufthansa is charging 900 for one way ticket which is crazy. It seems if he will be granted visa we would need to apply for transit visa in UK just to be on safe side.

jeupsy
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Post by jeupsy » Thu Jul 18, 2013 11:37 am

Yes I also think it is the best option :-)

Good luck with everything!

meleryan
Junior Member
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Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Thu Jul 18, 2013 11:45 am

British High Commission is processing visas in 3 - 5 working days, when Irish Embassy said it can take over 1 month, getting really frustrated, my son "adopted" my brother as his father, walking like shadow after him and calling him daddy.

meleryan
Junior Member
Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Fri Jul 19, 2013 10:12 am

What a nonsense!

Guys listen to this. As I previously mentioned I have provided them with marriage certificate which was issued by Polish Authorities on the international paper in Polish and English.
Lady from Embassy called my husband and asked to be stamped by Polish Embassy, my husband went to Polish Embassy, lady from Polish Embassy called Irish Embassy asking why they need this stamped as it is stamped by the Regional Civil Marriage Offices and Ministry of !nterior Affairs and is issued on the International paper which is recognize worldwide. Lady could not provide the answer. My husband came back to Irish Embassy the same Lady said : you were married in Cyprus, we want to see this marriage Certificate.
(We were married in Egyptian Embassy). He gave an original to her, not even hour later she was calling him again to come, he came she again said that this EGYPTIAN marriage certificate must be stamped and again by POLISH EMBASSY, he asked why , she answered as a proof that this was presented at the Regional Civil Marriage Registry, of course it was! what else I would show them?
Once again phone call was placed from Polish Embassy saying that they will not stamped foreign issued document and once again question was asked why this is required, what is the purpose of all of this. Again they have not received the answer. I talked with Polish Embassy and women told me that Irish Embassy is trying to be awkward, trying to talk with Irish Embassy , they will not discuss with me anything only with the applicant, and they have not provided any answers to my husband.
What the hell is going on?

meleryan
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Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Mon Jul 22, 2013 10:40 am

Just talked with Irish embassy and to be specific with Irish Consul who was slightly on aggressive side, saying that documents WILL BE sent to Dublin in due course, that is not sure that visa will be granted as his situation in Cyprus is unclear for them and in general to always call immigration department with questions not them.

meleryan
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Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Wed Jul 31, 2013 3:34 pm

Another obstacle in our saga.
Like I mentioned before we provided full set of documents, Embassy called and asked to be provided with Egyptian marriage certificate on top of the polish one. We did accordingly, now they have problem that in Egyptian marriage certificate is not mentioned that I was married before (honestly nobody ask me during marriage Ceremony anything except my DOB).
They are running out of the excuses why not to grant him visa I guess.
I am extremely frustrated!

meleryan
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Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Wed Aug 07, 2013 12:41 pm

Maz dostal wize! jutro idzie po odbior!

IntegratedMigrant
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Post by IntegratedMigrant » Wed Aug 07, 2013 1:50 pm

meleryan wrote:Maz dostal wize! jutro idzie po odbior!
That language might help you in some egyptian forum if you know what I mean. Nobody understands what you're saying!
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

meleryan
Junior Member
Posts: 64
Joined: Sun Apr 01, 2012 5:11 pm

Post by meleryan » Wed Aug 07, 2013 2:01 pm

First of all it is polish so nobody in Egyptian forum would understand :P
I meant to write: my husband visa was granted today - obviously I got very excited and wrote it in my mother tongue :))

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