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My potential eu wifes colombian daughter

  • 26-02-2012 6:10pm
    #1
    dobba
    Closed Accounts Posts: 19 ✭


    Hi have a girlfriend 3 years lives in spain.
    Her daughter lives in spain 13 colombian..

    she cannot visit anything because has no passport..

    If i were to marry my girlfriend what situation would her daughter be in regards visiting maybe possible living here?

    many thanks best regards


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    There is so little info in your post, even if the forum allowed legal advice no one could answer your question. Seek the advice if a good immigration lawyer.


  • #3
    dobba
    Closed Accounts Posts: 19 ✭dobba


    thats the point of a forum ask help before wasting money ..

    my gf of 3 years is colombian ... she has eu citizenship and a spanish passport ..

    spanin has a special relationship with some south americans that they can live spain but no papers passport.

    her daughter does not have passport or papers ash she is 13 and has not lived long enough in spain .

    i visited irish consulate in madrid ... was told point blank no visa no go ireland ..

    if i was to marry rhis woman what status would her daughter have as in regards a passport, visa , and maybe visit or leave ireland


    many thanks in regard


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    dobba wrote: »
    thats the point of a forum ask help before wasting money ..

    my gf of 3 years is colombian ... she has eu citizenship and a spanish passport ..

    spanin has a special relationship with some south americans that they can live spain but no papers passport.

    her daughter does not have passport or papers ash she is 13 and has not lived long enough in spain .

    i visited irish consulate in madrid ... was told point blank no visa no go ireland ..

    if i was to marry rhis woman what status would her daughter have as in regards a passport, visa , and maybe visit or leave ireland


    many thanks in regard

    What is your nationality, does the daughter have a right to a passport if so which one, was the daughter born, if in Clombia how did she enter Spain was it on her mothers passport.

    There are serious questions of international law, immigration law in both Spain and Ireland, as the mother is a EU citizen intending to move within the union there are issues of EU free movement law.

    But once the daughter has a passport or national ID card, and as a member of a EU citizens family who is about to exercise free movement then she has a right to enter Ireland. The EU citizen must be moving to work, or seek work, or study or have sufficient resources. But there are may requirements and a small investment in a good solicitor will make the process go smoothly.

    Just as an aside this forum can not give legal advice. None of my post is to be taken as legal advice.


  • #5
    dobba
    Closed Accounts Posts: 19 ✭dobba


    many thanks a reply .......
    yes i myself am fully irish
    The mother is a full fledged eu citizen ...

    the daughter nationality is colombian and as i understand has no eu papers pp or visa ... she can not apply until 16 ...

    the irish consulate refused in madrid a 1 week holiday because no passport ...

    New to this so not asking leal help ... but is their a free help center ask advice???

    And if she came to ireland work for me and mother is necessary ...
    we were thinking mother come ireland alone and test 3 months for work while child stays with relatives in spain ...
    I work as a designer and pretty sure i could find her work but thats not imortant much ...

    she works in spain .. just thinking future

    thanks replys sorry if writing bad iphone

    ResearchWill wrote: »
    dobba wrote: »
    thats the point of a forum ask help before wasting money ..

    my gf of 3 years is colombian ... she has eu citizenship and a spanish passport ..

    spanin has a special relationship with some south americans that they can live spain but no papers passport.

    her daughter does not have passport or papers ash she is 13 and has not lived long enough in spain .

    i visited irish consulate in madrid ... was told point blank no visa no go ireland ..

    if i was to marry rhis woman what status would her daughter have as in regards a passport, visa , and maybe visit or leave ireland


    many thanks in regard

    What is your nationality, does the daughter have a right to a passport if so which one, was the daughter born, if in Clombia how did she enter Spain was it on her mothers passport.

    There are serious questions of international law, immigration law in both Spain and Ireland, as the mother is a EU citizen intending to move within the union there are issues of EU free movement law.

    But once the daughter has a passport or national ID card, and as a member of a EU citizens family who is about to exercise free movement then she has a right to enter Ireland. The EU citizen must be moving to work, or seek work, or study or have sufficient resources. But there are may requirements and a small investment in a good solicitor will make the process go smoothly.

    Just as an aside this forum can not give legal advice. None of my post is to be taken as legal advice.


  • #6
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Personally I'd be contacting the Columbian embassy in Spain to at least get the girl one of their passports. At least that would be a start.

    I'm saying this without knowing any of the requirements you need to get a Columbian passport.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Once the daughter has a passport of any type there should be no problem. But you do need a passport to put a visa in. As the daughter it seems has no right to eu passport at the moment, ( that is something you will need to speak to Soanish lawyer about) she will remain a visa requiring national until she has a EU passport. If the mother wants to move to Ireland to work then her daughter is allowed to enter as a dependent family member.

    But in reality once you have some passport for the daughter your problems should be solved.


  • #8
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    The daughter must have some documentation to prove that she is Colombian; otherwise how could she have got into Spain?

    I see a couple of avenues to explore.

    1. The mother could apply, on her daughter's behalf, for a Colombian passport for her daughter. She could then travel on that passport.

    2. The mother could explore whether she could apply on behalf of her daughter for naturalisation as a Spanish citizen, on the grounds that (a) she (the daughter) is the child of a Spanish citizen, and (b) she (the daughter) has been living in Spain for some time.

    I don't think there's a great deal that you, as opposed to the mother, can do; the child is not related to you. If you marry the mother, the child will become your stepdaughter, but I don't think that's a close enough connection to give her any citizenship/travel rights through you, as opposed to through her mother.


  • #9
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    Peregrinus wrote: »
    If you marry the mother, the child will become your stepdaughter, but I don't think that's a close enough connection to give her any citizenship/travel rights through you, as opposed to through her mother.

    Exactly right, even if you marry the mother you're nothing to the child other than her mothers husband. In order for you to have any rights over her you would need to adopt her as your own daughter after you get married. It's a very lengthy process.

    I also cannot understand how the child got from Colombia to Spain without travel documents. Also how come her mother can claim Spanish citizenship and the daughter can't? Going off your posts it would appear that both have been in Spain for quite some time, I'm just suspicious as to how the mother qualifies for citizenship and her daughter doesn't.


  • #10
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    source wrote: »
    Exactly right, even if you marry the mother you're nothing to the child other than her mothers husband. In order for you to have any rights over her you would need to adopt her as your own daughter after you get married. It's a very lengthy process.

    I also cannot understand how the child got from Colombia to Spain without travel documents. Also how come her mother can claim Spanish citizenship and the daughter can't? Going off your posts it would appear that both have been in Spain for quite some time, I'm just suspicious as to how the mother qualifies for citizenship and her daughter doesn't.

    May not be that surprising if the mother is a migrant worker who acquired citizenship rights but who has not been cohabiting with her daughter for some years. It's possible that the daughter might be noted on the mother's original Colombian passport and travelled under that document.

    Lots of circumstances like this in Ireland too; particularly in the nursing sector where many east Asian nurses may be living apart from their children but who might eventually join them at a later stage by which time the parent may have been naturalised.


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