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Discussion in 'Immigration UK' started by Triple H, Feb 9, 2005.

  1. Triple H

    Triple H Addicted member

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    :(
    Hi all,

    I am UK passport holder, married to Thai,living there as well..We have applied about 8 weeks ago to Irish consulate,as we want to go there,and still no answer,that got me worried.I got about 20000 euros but no job.I have stated in her application that I have resources to cover us both so we would not rely on public funds while looking for jobs.What is the chances of us being refused?!
    Plz Help

    Triple H 8)
     
    #1 Triple H, Feb 9, 2005
  2. EasyExpat

    EasyExpat Administrator
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    If you are a EU citizen, I do not understand the problem. :headscratch: you are perfectly entitle to live and work in any European Union country, so Irland is ok. Just go there and start working. If you are married to a non EU, your partner inheritate your rights, so there is no problem either... Why do you need to apply to the Irish consulate?
     
    #2 EasyExpat, Feb 9, 2005
  3. Triple H

    Triple H Addicted member

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    :(
    She needs to , not me.As I stated we have applied for her , as person married to EEA CITIZEN, and there is no answer as yet!!??!! I am worried `cos 8 weeks had passed by and we did not get the answer yet!!! Tried to contact Irish Immigration in Thailand(no luck),in Dublni (cant get hold of them),so I am worried. :(

    CHEERS

    Triple H
     
    #3 Triple H, Feb 9, 2005
  4. EasyExpat

    EasyExpat Administrator
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    As I said ahead, your married partner inherit your rights, so I wouldn't be worried too much... consulates might be very long in dealing with the case. I would say that the correct administration where to get the information is the British consulate in Dublin. You also should have received a paper when you married that prove it and that you can show. The only thing to do is apparently to wait a bit longer... :rolleyes:
     
    #4 EasyExpat, Feb 9, 2005
  5. Coyan

    Coyan Addicted member

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    No need to panic. What I suspect they might have done is to send your application to Dublin for further instructions thus the delay. Your case could have been straight forward if you already had acoommodation and a job lined up.

    They will be asking themselves all sorts of questions like accommodation , jobs etc. Infact you can be refused if they canot be convinced that you will not become a burden on Public Finances in Dublin whch is a legitimate ground for refusing EU Partners entry.

    It would had been much easier if you are already in Ireland with some sort of job and accommodation and then to had invited her in. In any case its a 60-40 chance in your favour.

    If you need some more info send me mail at coyan_law@yahoo.co.uk
     
    #5 Coyan, Feb 20, 2005
  6. Triple H

    Triple H Addicted member

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    Yes Coyan,papers are in Dublin and I am still waiting.I am just puzzled how you got to figure 60-40?
    I found this in the mean time:
    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 in my case I should be able to get at least 12 months residence permit!

    Regards

    Triple H
     
    #6 Triple H, Feb 21, 2005
  7. Coyan

    Coyan Addicted member

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    Hi Triple H,

    You presented an amount of E20,000 to the authorities as savings. This amount wil work up to an average of E10,000 per person to a couple which falls below the Social Security threshold per annum for a person . This is how they will work it out. There is still a chance but if they are to work out the figures and use that as a basis for a decision, you will certainly fail to qualify.

    Your qualification will be successful if they decide to include other factors like employability etc. But this strictly based on their own considerations not by law and depends on a lot of probabilities ( mood of the case handler that morning etc).

    With immigration authorities as much as possible try and stick them in with the law and not leave your case to their own considerations . What I will advise you do is to start making job applications to Dublin. If successful, you can add that information to your application which will then give you a 100% chance of a positive decision.
     
    #7 Coyan, Feb 21, 2005
  8. Triple H

    Triple H Addicted member

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    :confused:
    I am so confused!
    The guy with 10 years experience from british home office said,that if I was for e.g dutch with thai wife and coming to UK in the same situation like me I would be given 12 months residence no questions asked.He thinks that they just can not refuse her visa!

    Social assistance in Ireland for married couple is E245 per week and when we applied for her my savings were close to E25000,so I guess that would qualify me. ;)

    Regards

    Triple H
     
    #8 Triple H, Feb 21, 2005
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