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Visa Refused

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    #32
    Aint Eazy Being Cheezy
    Registered Users Posts: 4,629 ✭✭✭Aint Eazy Being Cheezy


    Mrs OBumble wrote: »
    Why? Sex is not a human right.

    Moronic post


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    #33
    Pronto63
    Registered Users Posts: 363 ✭✭Pronto63


    BorneTobyWilde wrote: »
    How on earth can they keep his wife out of country. Must be some human rights violation. And why would he need to support her/ surely she can work for herself, geez.

    That’s assuming the spouse entering the state can speak English.

    Guess what?

    There is no requirement to have any proficiency in either the English or Irish language.


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    #34
    Aint Eazy Being Cheezy
    Registered Users Posts: 4,629 ✭✭✭Aint Eazy Being Cheezy


    Why does it take 18 months for her to be allowed work?


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    #35
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    splinter65 wrote: »
    It’s as if none of you have ever heard of sham marriages.
    I’m a non EU person who would like to come and live in Rep of Ireland. I’ve heard that there’s a minimum wage there and employment rights and if the day comes when I can’t/don’t want to work then there’s a very generous SW system. All I have to do is marry an Irish person out here and I will get a visa to go to Ireland where I can go and pretend to live with him/her and claim SW and HAP while I look for work. Maybe I’ll find a job? Maybe I won’t...
    So I’ve gathered up $10000 to pay an Irish person to come out here and marry me in the town hall, I’ll be automatically granted a stamp 4 visa as the spouse of an Irish citizen and then we’ll return to Ireland where I can start my new life away from all this poverty.
    He/she can go their own way $10000 in pocket and it’s all good.
    That's not really a good reason to not allow non EU spouses in. If one were inclined to enter into a sham marriage in Ireland, all one has to do is to marry a non-Irish EU citizen living in Ireland and one could then move streight to Ireland without any problems.


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    #36
    GerardKeating
    Registered Users Posts: 7,530 ✭✭✭GerardKeating


    368100 wrote: »
    Article 8 of the European Convention of Human Rights establishes the right to respect of family life, which includes the right to live with ones nuclear family. Nuclear family is defined as spouse/partner and/or dependant children.

    But they are not keeping them apart, he can live and work with her in any EU country, except Ireland.


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    #37
    Die Hard 2019
    Closed Accounts Posts: 362 ✭✭Die Hard 2019


    Mrs OBumble wrote: »
    A baf worker wage is still not enough to support two people's living expenses.

    Oh yeah I was going to work out how to ignore people


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    #38
    Mrs OBumble
    Registered Users Posts: 25,688 ✭✭✭✭Mrs OBumble


    368100 wrote: »
    Who mentioned sex?

    Article 8 of the European Convention of Human Rights establishes the right to respect of family life, which includes the right to live with ones nuclear family. Nuclear family is defined as spouse/partner and/or dependant children.

    Mail order bride does not equal spouse/partner.

    Mod
    Pls do not post again on this thread


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    #39
    This is it
    Registered Users Posts: 5,189 ✭✭✭This is it


    Mrs OBumble wrote: »
    Mail order bride does not equal spouse/partner.

    I don't know how you get away with posting so much crap on boards. You have the place littered with it.


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    #40
    dartboardio
    Registered Users Posts: 2,436 ✭✭✭dartboardio


    Aint Eazy Being Cheezy wrote: »
    Why does it take 18 months for her to be allowed work?

    Are you really asking that question?

    Because then any tom, dick, or harry from Philippines could move their entire family over here in the morning just because we have a decent system going regarding minimum wages, employment rights like splinter said.


    OP she probably got refused on the basis that they need more information or proof that it's not a sham marriage.

    My uncle recently completed his green card application, 150 pages worth, hundreds of photos of him and his wife from different parts of the world, doing different activities/holidays to show everything was genuine.


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    #41
    ebbsy
    Registered Users Posts: 6,737 ✭✭✭ebbsy


    Use a solicitor for the appeal.

    I am being serious.


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    #42
    Aint Eazy Being Cheezy
    Registered Users Posts: 4,629 ✭✭✭Aint Eazy Being Cheezy


    dartboardio wrote: »
    My uncle recently completed his green card application, 150 pages worth, hundreds of photos of him and his wife from different parts of the world, doing different activities/holidays to show everything was genuine.

    Took him 18 months to fill it out, did it?


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    #43
    dartboardio
    Registered Users Posts: 2,436 ✭✭✭dartboardio


    Aint Eazy Being Cheezy wrote: »
    Took him 18 months to fill it out, did it?

    He could work in the meantime. But that's America, very different. He was there because the company 'needed' him.

    So why should they let any woman from the phillipines in to work while they decide if she's allowed stay or not, on what basis would that be okay?


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    #44
    Aint Eazy Being Cheezy
    Registered Users Posts: 4,629 ✭✭✭Aint Eazy Being Cheezy


    dartboardio wrote: »
    He could work in the meantime. But that's America, very different. He was there because the company 'needed' him.

    So why should they let any woman from the phillipines in to work while they decide if she's allowed stay or not, on what basis would that be okay?

    18 months to make that decision, you’re ok with that?

    For all you know, she could be a surgeon in a hospital and be ‘needed’ here too. I think you’re a bit hung up on the Filipino part, you’d have a different attitude if she was a Yank or an Aussie.


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    #45
    Caranica
    Registered Users Posts: 10,012 ✭✭✭✭Caranica


    Aint Eazy Being Cheezy wrote: »
    18 months to make that decision, you’re ok with that?

    For all you know, she could be a surgeon in a hospital and be ‘needed’ here too. I think you’re a bit hung up on the Filipino part, you’d have a different attitude if she was a Yank or an Aussie.
    The post you quoted was about America. And fwiw we have separate immigration protocols for needed medical personnel.


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    #46
    dartboardio
    Registered Users Posts: 2,436 ✭✭✭dartboardio


    Aint Eazy Being Cheezy wrote: »
    18 months to make that decision, you’re ok with that?

    For all you know, she could be a surgeon in a hospital and be ‘needed’ here too. I think you’re a bit hung up on the Filipino part, you’d have a different attitude if she was a Yank or an Aussie.


    No. That would be pretty black and white, if she was needed here on an employment basis that would be clear from the start with relevant papers from employers.

    Someone in a relationship with an irish person trying to get into the country isn't exactly top priority


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    #47
    368100
    Closed Accounts Posts: 2,067 ✭✭✭368100


    Mrs OBumble wrote: »
    Mail order bride does not equal spouse/partner.

    I gave your first posts the benefit of the doubt but that's a disgusting comment. Sounds like you're just a sad, bitter person to make a comment like that.


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    #48
    Tow
    Registered Users Posts: 6,460 ✭✭✭Tow


    It is just a matter of keep trying and building up documentary proof etc. Earlier in the thread I gave the OP a name to contact for advice. The GNIB are fairly good at filtering out obvious sham marriages at the renewal stage. I have personally see this occurring in their office. BTW, To other posters the Philippine government does not like their fully trained doctors leaving for a better life in other countries. They have agreements with a number governments to deny residential visa applications. So if she was surgeon it would pose a problem.

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



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    #49
    Sonrisa
    Registered Users Posts: 134 ✭✭Sonrisa


    The OP and anyone in a similar situation should contact an immigration lawyer or an organisation like the Immigrant Council, Nasc in Cork or Doras in Limerick for advice on the appeal.

    As mentioned by others, the husband needs to show that he fulfills the criteria in the policy document- has earned 40k in total (cumulative) over the past three years, and that it is likely he will be able to maintain that on return to Ireland. OP clearly stated that the refusal was for financial reasons and if so that means there is no question over the marriage.
    If the visa is granted, there is no reason that I know of that she will not be able to work for 18 months- spouses of Irish citizens are granted a Stamp 4 residence permission which allows them to work.


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    #50
    368100
    Closed Accounts Posts: 2,067 ✭✭✭368100


    Thanks for all the responses, (apart from those from Obumble).... Just posting an update.

    The appeal has gone in with letters of support from a Peace Commissioner and a TD, the €40k requirement is clearly evidenced along with as much evidence of contact between them as possible (pages and pages of text messages).
    Timeframe given is up to 4 months for a response. Have suggested to him about approaching a specialist in immigration and he'll probably go that route if there's another refusal.


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    #51
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    368100 wrote: »
    Thanks for all the responses, (apart from those from Obumble).... Just posting an update.

    The appeal has gone in with letters of support from a Peace Commissioner and a TD, the €40k requirement is clearly evidenced along with as much evidence of contact between them as possible (pages and pages of text messages).
    Timeframe given is up to 4 months for a response. Have suggested to him about approaching a specialist in immigration and he'll probably go that route if there's another refusal.

    May I ask what relevance the letters are? So what is your brother knows the local td and peace commissioner, his partner either meets the requirements or doesn't.

    Not having a go, I'm not anti immigration and have been in the receiving end of some strange interpretations of the law myself. Just don't see how they benefit the case


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    #52
    368100
    Closed Accounts Posts: 2,067 ✭✭✭368100


    Niner leprauchan wrote: »
    May I ask what relevance the letters are? So what is your brother knows the local td and peace commissioner, his partner either meets the requirements or doesn't.

    Not having a go, I'm not anti immigration and have been in the receiving end of some strange interpretations of the law myself. Just don't see how they benefit the case

    They benefit having people with what would be considered a good reputation in the community (that's a different debate) vouch for them and the legitimacy of the relationship. The PC and the TD know him personally and are well aware that it's genuine. It's not just his partner that has to meet the requirements, they must meet them as a couple, there's requirements on both sides.


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    #53
    dartboardio
    Registered Users Posts: 2,436 ✭✭✭dartboardio


    368100 wrote: »
    They benefit having people with what would be considered a good reputation in the community (that's a different debate) vouch for them and the legitimacy of the relationship. The PC and the TD know him personally and are well aware that it's genuine. It's not just his partner that has to meet the requirements, they must meet them as a couple, there's requirements on both sides.


    But I thought she was refused the visa based on the €40k over three years and not the legitimacy of their relationship?

    Or am I wrong, sorry got a lil confused


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    #54
    368100
    Closed Accounts Posts: 2,067 ✭✭✭368100


    dartboardio wrote: »
    But I thought she was refused the visa based on the €40k over three years and not the legitimacy of their relationship?

    Or am I wrong, sorry got a lil confused

    The letter wasn't that specific, we know that on first round, the €40k was slightly short so that had to be addressed, which it has been. I assume the letter is non specific as they're not supposed to refuse on one factor alone, rather they should take a holistic view.

    As far as the advice we've been given, the more evidence can be given to show the legitimacy of the relationship, the better....even if it's not asked for. Hence the letters.


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    #55
    Pronto63
    Registered Users Posts: 363 ✭✭Pronto63


    368100 wrote: »
    They benefit having people with what would be considered a good reputation in the community (that's a different debate) vouch for them and the legitimacy of the relationship. The PC and the TD know him personally and are well aware that it's genuine. It's not just his partner that has to meet the requirements, they must meet them as a couple, there's requirements on both sides.

    Letters of support from TDs, or anyone else for that matter, are not taken into account.

    They are not required, not requested and not considered at either 1st instance or appeal.


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    #56
    splinter65
    Registered Users Posts: 9,420 ✭✭✭splinter65


    Pronto63 wrote: »
    Letters of support from TDs, or anyone else for that matter, are not taken into account.

    They are not required, not requested and not considered at either 1st instance or appeal.

    I’ve yet to see an appeal be allowed.


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    #57
    Pronto63
    Registered Users Posts: 363 ✭✭Pronto63


    splinter65 wrote: »
    I’ve yet to see an appeal be allowed.

    It does happen.

    The refusal tells the applicant why the visa was refused.

    All they gave to do then is address each item.

    If they can’t do that then it must be a very poor application.


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    #58
    Dodge
    Registered Users Posts: 10,163 ✭✭✭✭Dodge


    Not to doubt the OP, but his brother should be certain that he’s applying for the correct visa

    OP mentions that his brothers wife wouldn’t be allowed work here for 18 months which is absolutely not the case. Once she has received the correct visa, and registered with the INIS here, she can work immediately without the need for work permit etc


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