Irish Visa For Wife

[doodex66]

My case is something like this. I`ve written this 4 months ago:!

"I am UK passport holder, married to Thai.We got married 5 months ago in South Africa.We want to go to Ireland to live there.I got about 25000 euros but no job there nor any connections.I was hoping to get family type visa for her.She is nurse and have years of experience.How hard/easy is to get visa for Ireland for her.?We live in Bkk at the moment.

Scouser wrote this in reply:

As a British citizen seeking to take your wife to Ireland you are in a more advantageous position than an Irish national seeking to do the same. Providing that you are going to exercise your rights confered upon you by the various EU treaties (primarily freedom of movement) then you are free to have your wife accompany you with no questions asked. I don't now about the Paddies, but the Brits don't charge for this permit.

You will need to show that you are not a "benefit tourist" and the best way to do this is to either provide evidence that you have a job to go or prove that you have sufficient savings to cater for both of your needs until such a time as you find work."

In the mean time I found this in the booklet concerning Irish Immigration

2. The content of the Directives

2.1. Economically non-active and retired persons

The right of residence for economically non-active persons and retired persons under

Directives 90/364/EEC and 90/365/EEC is subject to two conditions. First, the EEA

national must have sufficient resources to avoid becoming a burden on the social

assistance system of the host EEA State during his period of residence; second, he must

be covered by a health insurance in respect of all risks in the host EEA State (Article

1(1), first subparagraph). The resources of an EEA national shall be deemed sufficient if

they exceed the threshold for social assistance applicable in the host EEA State (Article

1(1), second subparagraph). Where this rule cannot be applied in an EEA State, the

resources shall be deemed sufficient if they are higher than the level of the minimum

social security pension paid in the host EEA State (Article 1(1), third subparagraph).

The family members entitled to accompany the holder of the right of residence are his or

her spouse and their dependents in the descending or ascending line (Article 1(2)).

Article 2(2) of Directives 90/364/EEC and 90/365/EEC provides that the provisions of

Articles 2, 3, 6(1)(a), 6(2) and 9 of Directive 68/360/EEC shall apply to the holders of the

right of residence according to Directives 90/364/EEC and 90/365/EEC.

In the third subparagraph of Article 2(2) of Directives 90/364/EEC and 90/365/EEC it is

provided that the EEA States shall not derogate from the provisions of the Directives save

on grounds of public policy, public security or public health. In such cases Directive

64/221/EEC shall apply.

So according to this we would qualify!

It has been 3 months since she applied 4 visa and no answer. I contacted visa people in Dublin , 5 times and I got answer that decision is pending(somebody has looked at it).My emails were never answered.Visa officer in Dublin said that max takes 4-6 weeks, I know that for certain cos the reference number she got,decisions were made with numbers that are higher then hers .Why delay?Are they trying to find a way to refuse her or I m being just paranoid? Can they refuse her?Is there anything I can do?

Thanks in advance

Regards

Doodex66

[the scouser]

Doodex66,

I presume that as we are talking about EU law here the same rules apply to the Irish government as the British and they are instructed to deal with such applications on the day they are submitted. A delay can only be countenanced if there is good reason to doubt the bona fides of a particular application.

Depending upon how stroppy you want to be you could write to Irish immigration, which I believe is governed by the Ministry of Justice, stating that as an EU national you are allowed to enter without restriction and also to be accompanied by your wife. Therefore in delaying agreeing your wife's application they are hindering your freedom of movement within the EU which is essentially illegal.

Cheers,

Scouse.

[samran]

From a close friends experience, the DOJ takes a while to process visas. My friends work permit took 4 or 5 months to process and they were quite bureaucratic about it and by the sounds of it they have placed the family permit visa in the same queue.

I suspect that the MOJ in Dublin is taking a leaf out of the UK’s Home Office’s book by maintaining a tradition of procrastination and inefficiency and euphemistically calling it a ‘backlog’. I can’t wait till June when I have to send my PP off to the Home Office to extend my Further Leave to Remain in the UK for another 3 years and pay them £315 for the pleasure of holding my PP for 3 to 4 months with a good chance of them losing it!!

[the scouser]

Doodex,

The more I ponder this, the more outrageous the delay appears. It is in direct contravention of EU law. Even where they have their suspicions any delay in assessing the application must be minimal and 3 months is unacceptable especially when, at face value, there doesn't appear to be any reason for it. I'd get in contact with them and kick ass, stating that if there is a difficulty please can they tell you what it is so you can attempt to rectify it. If there is none then please issue the family permit as failure to do so will result in your seeking legal advice with a view to lodging an application at the European Court of Justice in order to obtain exemplary damages for having your right to freedom of movement curtailed.

Cheers,

Scouse.

[snoophound]

Many countries are desparatley short of trained nurses,certainly aus and nz.

I am sure Ireland wld be the same.

could it be the type of visa you are applying for causing the delay?

Doodex,

The more I ponder this, the more outrageous the delay appears. It is in direct contravention of EU law. Even where they have their suspicions any delay in assessing the application must be minimal and 3 months is unacceptable especially when, at face value, there doesn't appear to be any reason for it. I'd get in contact with them and kick ass, stating that if there is a difficulty please can they tell you what it is so you can attempt to rectify it. If there is none then please issue the family permit as failure to do so will result in your seeking legal advice with a view to lodging an application at the European Court of Justice in order to obtain exemplary damages for having your right to freedom of movement curtailed.

Cheers,

Scouse.

<{POST_SNAPBACK}>

[doodex66]

I'd get in contact with them and kick ass,

Thats exactly what I`m gonna do !

Thanks scouse on your advise , helpful as ever.

Regards

Doodex

[doodex66]

I'd get in contact with them and kick ass,

Thats exactly what I`m gonna do !

I have send fax and email directly to minister of Justice office stating my sitiation including the scousers observation and advice concerning metter of illegality and freedom of movement within EU. I recived reply within 24 hours from visa department :

"Thank you for your enquiry. Your application is currently awaiting

examination and a decision should be made within two weeks"

What on earth they are "examining" and what are they trying to prove its beyond me.?!

Regards

Doodex

[Bizz]

Sorry should have replyied sooner to this

http://www.oasis.gov.ie/moving_country/mov...in_ireland.html

http://www.irishhealth.com/?level=4&id=5635

http://www.google.ie/

PM me if you are still stuck.

[doodex66]

I'd get in contact with them and kick ass,

Thats exactly what I`m gonna do !

I have send fax and email directly to minister of Justice office stating my sitiation including the scousers observation and advice concerning metter of illegality and freedom of movement within EU. I recived reply within 24 hours from visa department :

"Thank you for your enquiry. Your application is currently awaiting

examination and a decision should be made within two weeks"

What on earth they are "examining" and what are they trying to prove its beyond me.?!

Regards

Doodex

<{POST_SNAPBACK}>

24 HOURS AFTER THAT VISA WAS GRANTED , NO QUESTIONS ASKED!

Scouser thanks on your advice on behalf of me and my wife.

Regards to all

Doodex66

[the scouser]

Good news, and the beauty of it all is that as you will be classed as resident in Ireland your wife will not have to go through the rigmarole of getting a visa for the UK. Instead she can get a family permit from the British embassy in Dublin, which, again, is free and (should be) issued on the day the application is received.

Scouse.

[doodex66]

Good news, and the beauty of it all is that as you will be classed as resident in Ireland your wife will not have to go through the rigmarole of getting a visa for the UK. Instead she can get a family permit from the British embassy in Dublin, which, again, is free and (should be) issued on the day the application is received.

Scouse.

<{POST_SNAPBACK}>

I never even thought of that , but as always you come up with astonishing observation and advice

What can I say?!

Regards

Doodex66

[the scouser]

Doodex,

I forgot to say that the one minor inconvenience of a family permit is that for your wife to be entitled to use it you have to be present in the relevant country (in this case Ireland) she would otherwise require a visa as per normal. This is not to say that if you pop to the UK for a few days leaving your wife in Ireland that the Garda are going to come round and cart her off, but if she ever attempted to enter Ireland with the family permit and you were either not travelling with her or not already in Ireland then she could have a few problems.

Cheers,

Scouse.