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Irish Marriage Visa Form Issue...

Discussion in 'UK Visa and Immigration Help' started by 5ola6race, Apr 21, 2015.

  1. 5ola6race
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    5ola6race Member

    Hi all,

    Need some help.

    On a short stay (C) marriage visa to Ireland they expect the person from the non-EU country to return to the country from which they came when the 90 days limit has passed.

    Me (UK citizen) and my Filipina fianceé obviously want her (my fianceé!) to stay beyond that time limit and apply for a residency card because we will one day in the near future want to land on UK shores via the EEA family permit after making Dublin our 'centre of life' for around 6 months via the Surinder Singh route.

    So, when it mentions your intended dates to enter and leave the country on the online visa application form and it also asks you to give a reason on why she would be coming to Ireland and to declare that she would definitely leave after the visa ends and they want you to show that you have strong ties (family/work etc.) back in the Philippines so that you will definitely return there!...

    ...well, can anyone help us know how to word things as honestly as possible so that the visa officer understands that we would actually wanting to be residents in Ireland without them rejected her visa?

    Hopefully you'll understand because I'm having trouble wording my question!

    If I've missed something and you're not catching my drift then please let me know. Really need to get this sorted so we can progress as we have a provisional booking for the 23rd September to get married in Dublin 2's registry office!!!

    Thanks :)
  2. KeithAngel
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    KeithAngel 2063 Lifetime Member

    European Directives do not cover this Im afraid the solution is to be married first having said that I would see no reason why you shouldn,t apply for the visa and explain that having married in Ireland you will be exersising your treaty rights and see what they say but it is entirely at their discretion
  3. 5ola6race
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    5ola6race Member

    By the way, here's the link to the online application...

    https://www.visas.inis.gov.ie/avats/OnlineHome2.aspx

    If you can just take a look at it and the things I've mentioned in my question appear on the first page of the application. You need to tick the box at the bottom of the page where it says before it begins the process...

    I have read the above information and all the relevant guidance notes contained in all of the above links.

    Thanks :)
  4. 5ola6race
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    5ola6race Member

    Thanks Keith. I'll bear that in mind.

    I'm back on Facebook now and tried to join the group you told me about

    https://www.facebook.com/groups/650212281695959/

    They are taking quite a while in adding me to the group as it's still pending from 5 hours ago! Hope they will add me ASAP so I can get as much info as possible to make sure this application goes smoothly.

    We have a provisional date to get married in Dublin, Ireland on September 23rd 12015. Ellen is going through the online application for a short term (C) visa and you must enter a date of when you intend to return to your hoe country otherwise you can't get to the next page! Hopefully we can get good counsel from this FB group.

    Thanks again :)
  5. Anon04576
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    Anon04576 Well-Known Member

    You're applying for a visa on which you are openly being dishonest about your real intentions? Doesn't quite work for me that. There's a lorry in Calais, how about strapping your fiance to that?
  6. 5ola6race
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    5ola6race Member

    Sorry, I don't know where you got that intention from! That's a bit quick and rash from yourself. Did you read my initial post?! I said this...

    "...well, can anyone help us know how to word things as honestly as possible so that the visa officer understands that we would actually wanting to be residents in Ireland without them rejected her visa?"

    Of course we are wanting to be completely honest about our intentions. I really don't appreciate this lie you've made about me and my fianceé. It's absolutely ridiculous! Very innapropriate especially for a staff member! I come here for help and get accused of tying to sneak through the process! Unbelieveable!

    Sorry about the rant but it's just shocked me! :-(
  7. Anon04576
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    Anon04576 Well-Known Member

    No its the last statement you made. You said you can't continue on the website unless you put in a date that she will be returning home. Why can't you put a date she will be returning home?
  8. 5ola6race
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    5ola6race Member

    She will be putting a return day. In fact, she already has as she's half way through the application and you need to enter one before you can get passed the first page. We've planned it for August 31st-November 30th, 90 days. We needed help with making it clear to the visa officer that we intend to reside in Ireland after our marriage but it's not so clear how we would go about wording it.

    Trust me, the last thing I would want to do is screw everything up by lying especially with the ride we've been on for the last few years to get her here. I'm sure many people can relate to our situation also!
  9. Anon04576
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    Anon04576 Well-Known Member

    Then forgive me I must have mis-read. It's just that I read

    On a short stay (C) marriage visa to Ireland they expect the person from the non-EU country to return to the country from which they came when the 90 days limit has passed.

    Me (UK citizen) and my Filipina fianceé obviously want her (my fianceé!) to stay beyond that time limit and apply for a residency card

    So she is going home within the 90 days?
  10. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Because once they are married they come under European rules and His Wife doesnt need to return home providing her husband is qualified to stay
  11. Anon04576
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    Anon04576 Well-Known Member

    So to get this clear in my mind. You can apply for a visa for which there are stipulations to that visa and then you can apply those EU rules and so the rules of that original visa no longer apply?
  12. 5ola6race
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    5ola6race Member

    I accept your apology. I forgive you.

    If we are able to be granted a residency card once we are married then we will be staying until we can apply for a EEA family permit to come to the UK. If this isn't granted, then of course she would return to the Philippines (we'd all be gutted if this happened!!) on or by the last day of her short term visa expiring. I would never want to go about this in an illegal way and hinder any future visa applications.

    I understand that we would be able to exercise our treaty rights to remain in Ireland once we're married if she was granted a residency card under the Directive 2004/38/EC and you'll find more info at this link about it...

    http://europa.eu/legislation_summar..._working_in_the_internal_market/l33152_en.htm

    We intend to make Dublin, Ireland our 'centre of life' so that we can apply to come to the UK after the appropriate time.

    Hope this makes things more clear :)
    • Like Like x 1
  13. KeithAngel
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    KeithAngel 2063 Lifetime Member

    yes because the purpose of the visit is to Marry, having become married his wife is, if her husband is exersising his treaty rights , entitled as a right to be resident with him.
  14. Anon04576
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    Anon04576 Well-Known Member

    It does and my comments were unwarranted. I mis-read your comments and made an assumption that your partner would be overstaying. Of course nobody would condone that and as you have stated you wouldn't put yourself in that position. Again apologies
    • Like Like x 1
  15. Anon04576
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    Anon04576 Well-Known Member

    Yes I made an assumption that she would not be returning home but obviously if all goes to plan and she gets her residency card prior to the 90 day period then it's quite a legitimate mechanism to get his partner here.
    • Agree Agree x 1
  16. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Once you have your Irish five year residency card and have completed your Singhing activeties in Ireland you no longer need to apply for a FP to return to the UK
    https://www.gov.uk/government/publi...d-to-bring-in-addition-to-your-residence-card

    However as a Brit you may if there is any border officials get asked to demonstrate your work in Ireland Once back you may decide to apply for a UK residence card which may take six months to issue if declined you can appeal and that would be a further 6-13 months of legal residence in the UK during all of which your wife will be able to work
  17. 5ola6race
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    5ola6race Member

    That's ok. I've made many rash assumptions to my shame! Sorry if I came across in a bad way in my response to you.

    I would appreciate your help if any other needs of ours come along the way as I'm sure you're experienced to help out :)
  18. 5ola6race
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    5ola6race Member

    Thanks for those details Keith. Appreciate it. I'll be bookmarking this thread! :)
  19. Anon04576
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    Anon04576 Well-Known Member

    You didn't, my bad. Surely we will help but better if Keith answers the EU route questions I think :)
    • Funny Funny x 1
  20. 5ola6race
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    5ola6race Member

    Yeah, Keith has helped me quite a bit so far. Onwards and upwards! :)
    • Optimistic Optimistic x 1

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