Forum Belgium

[gbsa]

hello ,i am nigerian married to uk citizen ,we both came to belgium after our marriage we were given 5 months temporary permits in decmeber but because of lack of job and because of our kids ,my wife has left for ireland to work,we applied for a visa for me but the irish have not issued it what would be my fate in belgium,i would appreciate your reply thanks

[Triple H]

what would be my fate in belgium

You can not stay LEGALLY in Belgium.

[gbsa]

so what can i do then

[Triple H]

You would have to go back to Nigeria,your country of residence and apply for Irish visa.Unfortunately this is the only possibility for you at the moment.

[viewme]

contrary to what the moderator said i think you can still go to ireland from belgium judging from the akrich case where he was deported to ireland where his wife was exercising treaty rights,if your wife has gone to ireland and has a job tell the belgium authorities to take you to where your wife is residing ,do you have kids together are they eu citizens ,if yes it makes your case easier,you dont have to go to nigeria at all

[brownbonno]

contrary to what the moderator said i think you can still go to ireland from belgium judging from the akrich case where he was deported to ireland where his wife was exercising treaty rights,if your wife has gone to ireland and has a job tell the belgium authorities to take you to where your wife is residing ,do you have kids together are they eu citizens ,if yes it makes your case easier,you dont have to go to nigeria at all

Thanks Viewme.
Have been holding my breath on the Moderator's advise.The individual in question should apply for Ireland visa in Belgium.
The family has got a right as a work seeker even when the wife(eu national) has not got a job in Ireland.(6 months stay as a worker seeker is allowed).
This family cannot be seperated because of the delays in issueing a visa.
Go for it.You are not expected to go back to Nigeria to apply,except your Belgium visa is expired.

[Triple H]

contrary to what the moderator said i think you can still go to ireland from belgium judging from the akrich case where he was deported to ireland where his wife was exercising treaty rights,if your wife has gone to ireland and has a job tell the belgium authorities to take you to where your wife is residing ,do you have kids together are they eu citizens ,if yes it makes your case easier,you dont have to go to nigeria at all

Thanks Viewme.
Have been holding my breath on the Moderator's advise.The individual in question should apply for Ireland visa in Belgium.
The family has got a right as a work seeker even when the wife(eu national) has not got a job in Ireland.(6 months stay as a worker seeker is allowed).
This family cannot be seperated because of the delays in issueing a visa.
Go for it.You are not expected to go back to Nigeria to apply,except your Belgium visa is expired.

Yes in the ideal world this would work , but in the real world ????

Now you two have a chance to explain HOW, he can do that even thou he was already refused ,I guess for simple reason , not being Belgium resident.
Come on girls and boys

[Triple H]

The individual in question should apply for Ireland visa in Belgium.

He already did (GBSA) @

http://www.easyexpat.com/forums/ftopic_7922.htm

[viewme]

i dont see the relevance of your argumentS Mr moderator,he applied for a visa to ireland and he has not been issued one,if his wife has decided to go before him and they were both legally resident in belgium before she went and her going makes him illegal,he should be taken to ireland and not nigeria .in the akrich case if you are aware of it a morracan illegal in uk about to be deported to morrocco was rather deported to ireland where his spouse was exercising her treaty rights .his case is quite clear,as long as it is true his wife is in ireland even as a workseeker and they are married legally ,then he is to be taken to where she is.i used to work for a belgian commune so i know what i am chatting about.i think you should employ me to work for you,i,ll kindly do it for free

[Triple H]

Fair point....I only advise people within the law...anything outside the immigration law I leave it to others

both legally resident in belgium

temporary....

[Triple H]

.i think you should employ me to work for you,i,ll kindly do it for free

YEAH, WHY NOT

[Triple H]

we applied for a visa for me but the irish have not issued it

For whatever reason I dont think they will....have you tried my "original" advice???

[gbsa]

pls moderator what was your original advise

[Triple H]

This was my original advice!When is your visa running out?

So decision has not been made yet!?
It can take up to 3 months.
In the meantime your wife can email/fax (all 3 provided)dept of justice and minister stating that she is UK citizen that she is coming with you and she would like decision made ASAP.
visamail@justice.ie
Fax: + 353 1 6615461
Email: minister@justice.ie

or...you can do what viewme suggested,but she/he should elaborate how you can exactly do that,as I am not familiar with this kind of action.

contrary to what the moderator said i think you can still go to ireland from belgium judging from the akrich case where he was deported to ireland where his wife was exercising treaty rights,if your wife has gone to ireland and has a job tell the belgium authorities to take you to where your wife is residing

[Triple H]

So where are all promising voices???

Quote:
contrary to what the moderator said i think you can still go to ireland from belgium judging from the akrich case where he was deported to ireland where his wife was exercising treaty rights,if your wife has gone to ireland and has a job tell the belgium authorities to take you to where your wife is residing ,do you have kids together are they eu citizens ,if yes it makes your case easier,you dont have to go to nigeria at all


Quote:
Thanks Viewme.
Have been holding my breath on the Moderator's advise.The individual in question should apply for Ireland visa in Belgium.
The family has got a right as a work seeker even when the wife(eu national) has not got a job in Ireland.(6 months stay as a worker seeker is allowed).
This family cannot be seperated because of the delays in issueing a visa.
Go for it.You are not expected to go back to Nigeria to apply,except your Belgium visa is expired.

[viewme]

hello gbsa
like i said earlier,there have been two notable cases similar to yours


A NATIONAL OF A NON-EU STATE WHO IS MARRIED TO A EU CITIZEN MAY RESIDE IN THE CITIZEN'S STATE OF ORIGIN WHEN THAT CITIZEN, AFTER MAKING USE OF THEIR RIGHT TO FREEDOM OF MOVEMENT, RETURNS TO THEIR HOME COUNTRY WITH THEIR SPOUSE IN ORDER TO WORK, PROVIDED THAT THE SPOUSE HAS LAWFULLY RESIDED IN ANOTHER MEMBER STATE

The motives which prompt a couple to move to another Member State are irrelevant, even if their purpose in doing so is – with a view to returning to the first Member State where the spouse did not have the right to remain at the time when the couple settled in another Member State – to establish a right to remain under Community law,here are exerpts


Since 1989, Hacene Akrich, a Moroccan citizen, has attempted on a number of occasions to enter and reside in the United Kingdom. His applications for leave to remain have always been refused. In 1992, less than a month after having been deported for the second time, Mr Akrich illegally returned to the United Kingdom. In 1996, whilst residing there unlawfully, he married a British citizen and applied for leave to remain in his capacity as her spouse. In August 1997, he was deported to Dublin, where his spouse had been established since June 1997 and worked from August 1997 until June 1998. She was offered a post in the United Kingdom commencing in August 1998

and


franciscan - May 1997
© The Society of Saint Francis, 1997

The need for sanctuary
By David Haslam
‘They dragged him away, kicking and screaming’, reported the church’s minister. ‘The feeling around here is that because a man has been here for seventeen years, to separate him from his family and deny him the right to remain is really appalling’.

Albert Tong thought he was doing the correct thing when he applied for a National Insurance number, before starting a new job. He had lived for 17 years in Cornwall, after arriving for a visit from Hong Kong. He had completed a course of study, done various jobs, paid taxes, married a local woman and started a family. But the Immigration Department pursued the legislative road to deportation.

Albert then took sanctuary in the Methodist chapel at Marazion, a south Cornish village. Several days later police arrived, with equipment to break down the door. Albert thought it was the minister and opened at their knock. They carried him to a police van and dumped him unceremoniously inside. As a result of the treatment he suffered a mild heart attack and was taken to hospital.
He was visited by the Bishop of Truro, who commented, ‘It ill behoves a government committed to family values to treat such a vulnerable man like this. If he is deported, the whole family will be destroyed.’ The national Methodist Conference, meeting in Blackpool, passed a strongly-worded resolution.

Fortunately his solicitor had spotted a loophole in European Union legislation. Any EU citizen, working in another EU country, has a right to have their spouse and other close relatives living with them. Albert’s wife Rebecca promptly moved to Dublin, in the Irish Republic, and found a part-time job. Technically she should have been there for longer, but due to the campaign, and Irish Government flexibility, Albert was allowed to go to Ireland. A British citizen thus has more rights under European law than British. While sanctuary did not keep Albert in the UK, it almost certainly prevented his deportation to Hong Kong.

so it is obvious if your spouse is exercising treaty rights in a eu country you have the right to be taken to that country