Immigration

Loriazeem

Hey sorry havnt a clue where I post this anyway I'm Irish boyfriend is Pakistani he was living here had a case ongoing with inis no visa ! He came from UK with family. So few weeks ago his dad died he had no choice but to go home I am currently pregnant and they won't let him back in the struggle I'm having is stressful so we applied for visit Visa !! Refused !! Ive rang immigration council I've emailed inis ive talked to gnib and its looking like there's no hope ! So kinda freaking out as I don't think he will get over for the birth or even get over at all.. Has anyone been in this situation they can relate too ?? Thanks x

Loriazeem

Loriazeem wrote: »

Hey sorry havnt a clue where I post this anyway I'm Irish boyfriend is Pakistani he was living here had a case ongoing with inis no visa ! He came from UK with family. So few weeks ago his dad died he had no choice but to go home I am currently pregnant and they won't let him back in the struggle I'm having is stressful so we applied for visit Visa !! Refused !! Ive rang immigration council I've emailed inis ive talked to gnib and its looking like there's no hope ! So kinda freaking out as I don't think he will get over for the birth or even get over at all.. Has anyone been in this situation they can relate too ?? Thanks x

Once the child is born, he can get a stamp 4 visa no problems. Until then, I guess he will only be able to visit and won't be allowed to work.

Was he illegally overstaying or something? This could cause issues.

Just realised you said his visitor's visa was declined. What is the reasoning for this?

Loriazeem

They said there was not enough evidence to support his visit which is kinda mad ! Yh he was here undocumented pretty much he had a case in through EU treaty rights but we didn't here anything back from that and now as he has left the country that case is closed. So basically there telling me even tho the child will be born he still can not come ? I'm totally confused hoping things will get sorted at some stage x

Stheno

Loriazeem wrote: »

They said there was not enough evidence to support his visit which is kinda mad ! Yh he was here undocumented pretty much he had a case in through EU treaty rights but we didn't here anything back from that and now as he has left the country that case is closed. So basically there telling me even tho the child will be born he still can not come ? I'm totally confused hoping things will get sorted at some stage x

If he was here illegally then that will go against him in any future application

Loriazeem

Loriazeem wrote: »

They said there was not enough evidence to support his visit which is kinda mad ! Yh he was here undocumented pretty much he had a case in through EU treaty rights but we didn't here anything back from that and now as he has left the country that case is closed. So basically there telling me even tho the child will be born he still can not come ? I'm totally confused hoping things will get sorted at some stage x

Well once the child is born, the child will be an Irish citizen and therefore should have access to it's father, so he will get a stamp 4 visa. Not sure what you can do until then.

I used to live in England until my eldest was born, and commute every week. Once he was born I got my visa and moved here permanently.

Loriazeem

I know I was thinking yeah he should definitely have a right to see his child as long as he pays for it and doesn't depend on the state I can't see the issue but there so strict because of all the fake marriages ect and even from the solicitor he is not much good either only good for taking money

Meauldsegosha

Loriazeem wrote: »

... have a right to see his child as long as he pays for it and doesn't depend on the state I can't see the issue ...

Can you afford support the three of you if he lives here.

Could you move to England and be with him there?

MissShihTzu

OP - I'm confused. Your boyfriend is Pakistani and came from the UK? How did he get into Ireland with no papers? Is he in the UK legally - i.e. indefinite leave to remain? If he is, then would he need a visa to come over for a visit? I thought (and I may be wrong!) he could come here with a stamp for 28 days? Not ideal, but it might be something when the baby comes. I

Your boyfriend needs to make enquiries with the Home Office in Croydon to find out if he can leave the country legally.

Medium/Long term - what do you plan to do when the baby comes? I think you need to give serious thought to that. IMO, that's more important than having the father here, if you see what I mean.

Hope it works out for you. Good luck!

Loriazeem

Yh he came to UK his family live there he got visa to visit being the idiot he is never returned came to Ireland with his brother and applied for his visa here so that's what we were waiting on as the time here for a decision is very long ! I was speaking to inis briefly through email and he was not allowed leave the country and as his did his file was closed so yh he needed to apply for visit visa and as that didn't happen prob due to the fact he never went home last time ! Yh pretty much f####d ! Either way I will look after baby but would like to think he will be allowed return

Stheno

Loriazeem wrote: »

Yh he came to UK his family live there he got visa to visit being the idiot he is never returned came to Ireland with his brother and applied for his visa here so that's what we were waiting on as the time here for a decision is very long ! I was speaking to inis briefly through email and he was not allowed leave the country and as his did his file was closed so yh he needed to apply for visit visa and as that didn't happen prob due to the fact he never went home last time ! Yh pretty much f####d ! Either way I will look after baby but would like to think he will be allowed return

So he got a visa to visit the UK then came here illegally, and overstayed his visa in the UK? If the authorities in the UK catch up with him he'll be sent home

As for here I think he'll struggle to get a visa they changes the rules for parents of Irish born children a few years ago

Loriazeem

Just released I confused ye guys!! He is in Pakistan now !!/he had previously came from UK to Ireland .. He got a holiday visa to UK most of his family live there and he never returned back to Pakistan instead he came here and put a case in !! So at the moment he is in Pakistan ! God if he was in UK it would be so much easier lol .. Sorry for the confusion

Loriazeem

Yeah exactly !! I think that's where the problem lyes as now if he applys for anything obviously they will refuse as he broke the law before ! I was just hopeing that we would have some right even when baby is born but its looking dull !

MissShihTzu

He has a big problem then, I'm sorry to say. He overstayed on a tourist visa in the UK, and decided to come here and apply for residency? Is that right??

In that case, your boyfriend is going to have the world of pain trying to get a visa from the UK, never mind Ireland. Given he's overstayed here as well as there, it's very unlikely he will get a visa. Speak to an immigration lawyer. No good getting advice on here, I'm afraid...

LirW

Okay to sum that up:
He is currently in Pakistan. He visited the UK on a tourist visa, because his father died. Instead of going home afterwards he went on to Ireland and opened a case? For what exactly, did he actually want to stay permanently, did he apply as a refugee?
How is your actual relationship working, that could be investigated. Did you just meet and fell pregnant shortly afterwards? Is this a long term relationship?

I'm sorry OP, you need to give a bit more details, it's really hard picking all of that out of your posts.
Is he able to support himself in Ireland? Can you support all 3 of you once the baby is here? If he or you isn't that does not really look good.
I'm sorry for your situation but I think the people here have a very hard time to pull this picture together.
Also he did not obey the law and as tragic as it is for you, that was not a smart move.

Stheno

Stheno wrote: »

So he got a visa to visit the UK then came here illegally, and overstayed his visa in the UK? If the authorities in the UK catch up with him he'll be sent home

As for here I think he'll struggle to get a visa they changes the rules for parents of Irish born children a few years ago

Changed a few years ago when? I know in 2011 it was changed so that I could get a stamp 4 here to live and work and be with my child and partner. Has it changed again?

I guess I followed all the rules with visas etc, so didn't have any trouble.

@OP I would look up Stamp 4 visas on the GNIB website.

Loriazeem

Yes we are able to support ourselfs !! And our relationship has been the last 2 n half years so no I didn't jump into bed and fall pregnant straight away !! Yh I know bad on his part as between UK and Ireland he had been staying the past 4 years so I understand where u guys are coming from he didn't go the legal way as he should of and that's the hard part as I doubt things wudnt be this hard if he went the right way about it ! He had a case in wit immigration as his family have business here in Ireland and UK so he wanted to stay and open up business as well. The only reason he left Ireland was cause his father died in Pakistan

Big Bag of Chips

Obviously he was denied a visitors visa because the authorities believe he won't just visit. He'll get into the country and won't leave.

The only thing you should be doing is speaking to a good solicitor. If you're not happy with the solicitor you have then find another one.

tara73

I also wonder how did he get into Ireland? If he was already illegaly (overstaying visiting visa) in the UK, how did he manage to get into Ireland? To enter a plane he would have needed to show his passport and they wouldn't have let him on without a valid visa.

I suspect some very dodgy (criminal) border crossing here. If that's the case I'm not surprised they won't let him in again, and if he shows up again in Ireland I say the state is rightly pressing criminal charges against him.

veetwin

OP it appears that your boyfriend will have huge difficulties in ever obtaining an Irish or U.K. visa given his terrible immigration history. I'm not sure if the birth of your child will change that but you definitely need to consult with a legal professional with immigration experience. If you really need to be with him you may have to explore the possibility of moving to Pakistan at least temporarily until you can prove you and him are in a committed relationship.

Stheno

veetwin wrote: »

OP it appears that your boyfriend will have huge difficulties in ever obtaining an Irish or U.K. visa given his terrible immigration history. I'm not sure if the birth of your child will change that but you definitely need to consult with a legal professional with immigration experience. If you really need to be with him you may have to explore the possibility of moving to Pakistan at least temporarily until you can prove you and him are in a committed relationship.

If OP moves to Pakistan as you suggest and her partner is Muslim I would be slow to do so.

OP is your partner Muslim?

veetwin

Stheno wrote: »

If OP moves to Pakistan as you suggest and her partner is Muslim I would be slow to do so.

OP is your partner Muslim?

It's not a course I would advise either but realistically it's the only way the OP and her boyfriend can raise their child together for now at least.

Ursus Horribilis

veetwin wrote: »

It's not a course I would advise either but realistically it's the only way the OP and her boyfriend can raise their child together for now at least.

Umm. To the best of my knowledge, they're not fans of pre-marital sex or unmarried parents in Pakistan. I think going over to Pakistan is the worst thing in the world the OP could do.

veetwin

Ursus Horribilis wrote: »

Umm. To the best of my knowledge, they're not fans of pre-marital sex or unmarried parents in Pakistan. I think going over to Pakistan is the worst thing in the world the OP could do.

I would agree with that analysis.

lollsangel

tara73 wrote: »

I also wonder how did he get into Ireland? If he was already illegaly (overstaying visiting visa) in the UK, how did he manage to get into Ireland? To enter a plane he would have needed to show his passport and they wouldn't have let him on without a valid visa.

I suspect some very dodgy (criminal) border crossing here. If that's the case I'm not surprised they won't let him in again, and if he shows up again in Ireland I say the state is rightly pressing criminal charges against him.

Fly or sail into belfast then travel down?

tara73

true. didn't think of it. it's that easy. crazy.

MissShihTzu

OP - have a look hereand here.

Then get hold of a decent immigration solicitor. As I said before, it's going to be an uphill battle to get a visa for your bloke. And if you read the second link, you will have to show clear reason why your partner should settle here under the Zambrano Judgement.

MissShihTzu

MissShihTzu wrote: »

OP - have a look here and here.

Then get hold of a decent immigration solicitor. As I said before, it's going to be an uphill battle to get a visa for your bloke. And if you read the second link, you will have to show clear reason why your partner should settle here under the Zambrano Judgement.

The clear reason is simple. The child is an Irish citizen, it is entitled to have it's father in its life. Couple that with clear demonstration of a relationship between the parents, and there's no issues from that perspective.

The only issue will be not following immigration rules in the past, or if he has had trouble with the law.

MissShihTzu

Basil3 wrote: »

The clear reason is simple. The child is an Irish citizen, it is entitled to have it's father in its life. Couple that with clear demonstration of a relationship between the parents, and there's no issues from that perspective.

The only issue will be not following immigration rules in the past, or if he has had trouble with the law.

I am aware of that. But given that the partner has apparently broken the rules before, it might not be as clear as you seem to think. That is the reason why I suggested having a read, then getting hold of a decent brief.

MissShihTzu

MissShihTzu wrote: »

I am aware of that. But given that the partner has apparently broken the rules before, it might not be as clear as you seem to think. That is the reason why I suggested having a read, then getting hold of a decent brief.

Yeah. Had he followed the rules previously, a solicitor wouldn't even be needed.

Btw, both your links broken for me. Could be because I'm on mobile.

KVA60

Go book an appointment with http://www.ryanimmigration. He's an ex supervisor of GNIB, he's cheaper and more knowledgeable than any immigration solicitor I've dealt with. Best of luck

homerjay2005

tara73 wrote: »

true. didn't think of it. it's that easy. crazy.

sure theres 10s of 1000s of illegals in this country, they can come in on a "holiday" visa and never leave.

the GNIB are completely useless. once you get in here, you normally dont ever have to leave for 10 years, then become a "citizen".

the issue here is that the OPs partner left and when you do that, you never get back in normally, its the same in every country.

homerjay2005

homerjay2005 wrote: »

sure theres 10s of 1000s of illegals in this country, they can come in on a "holiday" visa and never leave.

the GNIB are completely useless. once you get in here, you normally dont ever have to leave for 10 years, then become a "citizen".

the issue here is that the OPs partner left and when you do that, you never get back in normally, its the same in every country.

Is this a fact? To become a citizen you must have lived here legally for 5 of the last 9 years. You can't just come here illegally and then decide to become a citizen.

Regarding getting into Ireland, you usually would have your visa status looked at when entering the EU. Sure, you could come here on holiday and never leave, but you will run into immigration issues sooner or later.