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✎ EN Nigerian married to EU needs to regularize stay in Ireland
    

Discussion in 'Ireland' started by imagine, Jun 20, 2006.

  1. imagine

    imagine Member

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    Dear All,

    I’m really glad I came across this website! I never thought that our case will get so complicated. Right now I just feel like no matter what we do, arrest and deportation is unavoidable. I’m tired of living in fear every day thinking that the immigration officers may knock at the door any minute and arrest my husband. Please help me find a solution to our problem!

    I’m a Lithuanian citizen married to a Nigerian. My husband has applied for asylum in Ireland in Mar 2004. When we moved in to live together he simply abandoned his asylum case. Our son was born on the 28th of October 2005, we got married on the 5th of May 2006. We sought legal advice on his status matter in Jan 2006 and the lawyer started acting on our behalf trying to regularize my husband’s status in Ireland. The lawyer confirmed that there is a Deportation Order issued for him. We have notified the Minister of Justice in March about the change of circumstances in his case (i.e. birth of our child and our intension to get married) asking to revoke the Deportation Order. Another letter informing about our marriage was sent in June. I have also applied for residency for him based on his marriage to me in June.

    Our lawyer suggests that he should now turn himself in to the Immigration Authorities which will more then likely result in his arrest. Is this really the only possible way out? Would it be possible to regularize his status without being arrested and possibly deported?

    Thank you very much for your support and help!!!
     
    #1 imagine, Jun 20, 2006
  2. Triple H

    Triple H Addicted member

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    Question is what happens after that.If your lawyer says that he would be out after new evidence is submited I would go along.I just dont know the procedure with Irish immigration in such a case.Your lawyer of course should go with your husband to Gards.
    Regarding his deportation expect long proces,he should be OK thought.

    P.S.If you are not happy with the answer given by your lawyer you could always ask/get second opinion just in case.
     
    #2 Triple H, Jun 20, 2006
  3. imagine

    imagine Member

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    Thank you very much for your reply!

    Our lawyer insists that there are no guarantees he will be released after he is arrested in spite of all the evidence we can provide. He also warns us that if my husband is deported, the Immigration Authorities may refuse to grant him stay based on the fact that we are not living as a family unit. The way he puts it, it kind of looks hopeless.

    We have an appointment with another lawyer today. Will see what his advice is. Hopefully a little more positive :rolleyes:
     
    #3 imagine, Jun 21, 2006
  4. Triple H

    Triple H Addicted member

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    Tell us what he had to say.
    Deportation for your husband is out of the question looking at the evidence.EU law would supersed Irish law.
     
    #4 Triple H, Jun 21, 2006
  5. imagine

    imagine Member

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    Hi!

    We got a second opinion from another lawyer yesterday. He believes there is no need for my husband to turn himself in. There is a possibility that he could be arrested and deported but it’s very unlikely to happen, it wouldn’t be a typical scenario of such cases. So in the meantime we simply have to wait until we receive a confirmation that our application for stay based on marriage to EU citizen was received. This should be enough until they make their final decision on this. I think we are going to follow this advice.

    I’ll keep you posted on the progress of our case. Though it could take over a year as we were told :D

    Thanks a lot for your advice! It gave me the encouragement I needed.
     
    #5 imagine, Jun 22, 2006
  6. mark62

    mark62 Member

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    Did your spouse apply to stay using form EU 1 ? If so a decision must be made within 6 months .
     
    #6 mark62, Jun 22, 2006
  7. Triple H

    Triple H Addicted member

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    Man in question has deportation order against him,he is outside immigration law, any forms or time frame are not relevant to this case.
     
    #7 Triple H, Jun 22, 2006
  8. mark62

    mark62 Member

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    He is entitled to be in Ireland as the spouse of an EU national (although obviously there are complications here). Form EU 1 poses the question : 'are you currently the subject of a Deportation Order ,' and that doesn't stop someone from applying. I - like you - don't believe he will be kicked out , and applying via EU 1 would be a way of legitimising - or not - his stay in Ireland . You could be right , but why not try ? The justice dept. must make a decision within 6 months under EU law .
    http://www.justice.ie/80256E01003A21A5/ ... ormEU1.pdf

    If you wish to check the form out , try this link .
     
    #8 mark62, Jun 22, 2006
  9. Triple H

    Triple H Addicted member

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    Hmm
    6 months in this case would be optimistic.Just read on other forum that the guy in similar position took 3 years to legalise the status.That was in the UK.I fully understand what are you saying but reality is that anyone outside immigration law is treated in different way and all these cases take ages to win.
     
    #9 Triple H, Jun 22, 2006
  10. mark62

    mark62 Member

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    Triple H ,
    As you may know , the European Communities (Free movement of Persons ) Regulations became part of Irish law in April 2006 . These forms emanate from that piece of legislation , and have only been available since May . Under EU law all applications must be processed within 6 months ; there don't appear to be any loopholes which enable certain applications to be delayed . I read somewhere that the EU are keen on ensuring that these applications are dealt with inside the alloted time frame . Are you sure the UK case you mentioned was being dealt with under this particular piece of legisaltion ? I believe this Regulation would only have been encompassed into UK law earlier this year . If so , the applicant should complain to the EU Ombudsman - whatever good that may do .
    Hopefully , this guy will have been well-advised by his solicitor(s) , and hopefully they aware of this new legislation .
     
    #10 mark62, Jun 22, 2006
  11. Triple H

    Triple H Addicted member

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    I have not read Directive 2004/38/EC in full,If from may 2006 as you say all the applications should be dealt within 6 months regardless of the status of the person we can only assume that governements will follow the law.My guess is that anyone outside immigration law like the person in question does not come under that law.We shall see...
     
    #11 Triple H, Jun 22, 2006
  12. imagine

    imagine Member

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    Hi!

    Thanks for the link Mark!

    It looks like the EU 1 form is worth a try. I’ll speak to the lawyer about it and see what he has to say. To be honest, it seems like none of the lawyers here understands the Immigration Law in Ireland fully. Can’t blame them, don’t think anybody does. :rolleyes:

    Will keep you posted on the progress of our case.
     
    #12 imagine, Jun 22, 2006
  13. mark62

    mark62 Member

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    Apparently the Immigration Council of Ireland are very helpful , and they are aware of these new regulations . Tel : 01 6740200 http://www.immigrantcouncil.ie/
     
    #13 mark62, Jun 23, 2006
  14. imagine

    imagine Member

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    EU1 Form

    Hi Everybody!

    We have seen our lawyer and another one for the second opinion. Neither of them is aware of EU1 form. Our lawyer was asking us where we got it from, then came up with conclusion that it must be a very recent form that nobody knows about:) His advice was to fill it in a.s.a.p as it probably is a part of the new regulation.

    Filling in EU1 form and submitting it is the best thing to do the way I see it. It’s just that I don’t feel completely confident doing this as I don’t know anybody who had gone through this process before. Do they actually keep the passport for 6 months after we submit it? What can ‘other evidence of relationship’ include? Is it better to submit it in person or via registered post? Is it better to have the lawyer do it?

    If anybody has submitted an EU1 form in Ireland before, your advice would be very much appreciated!

    Thanks!
     
    #14 imagine, Jun 30, 2006
  15. mark62

    mark62 Member

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    Recently sent off EU 3 application - Permanent Residence Card . Yes , will keep passports for 6 months . I suggest you fill it in yourself ; make sure you provide all accompanying documents and everything should be ok . Send it registered post - you won't be able to deliver it personally .
    Concerning ' other evidence of relationship,' - your marriage certificate should suffice . Why not telephone them and check ? You should receive an acknowledgement slip from them about 10 days after they receive your documents ; it will be stamped with the date they received documents on .
     
    #15 mark62, Jun 30, 2006
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