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Immigration

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  • 14-07-2012 3:57pm
    #1
    atkin
    Closed Accounts Posts: 342 ✭✭


    My Non -Eu separated wife has an Irish Passport she still lives in my house.
    The separation agreement states that she has no longer an interest in the house.The reason she remains is that she is looking for a local authority house.
    I discovered that she wants to bring her Mother here and suspect she will try to move her into my house.I am away sometimes for 1 month .
    What steps can I take to prevent this without a court or solicitor fees.
    Any help appreciated .
    Tagged:


«134

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    #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,479 Mod ✭✭✭✭johnnyskeleton


    Have you considered telling her that her mother is not welcome in your house?


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    #3
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    Yes told her before she left for a week ! The immigration law on this outside of children is grey up to the Minister's decision.I just need to protect myself from what is now a monster.:eek:


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    #4
    Cavehill Red
    Registered Users Posts: 6,109 ✭✭✭Cavehill Red


    What's the problem with simply evicting her before her mother arrives?


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    #5
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    Cavehill Red wrote: »
    What's the problem with simply evicting her before her mother arrives?

    From the house or the country?


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    #6
    Logain
    Closed Accounts Posts: 38 ✭Logain


    If Your 'non-eu' wife has an Irish passport, she is an Irish citizen and an EU citizen.


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    #7
    Cavehill Red
    Registered Users Posts: 6,109 ✭✭✭Cavehill Red


    juan.kerr wrote: »
    From the house or the country?

    From the house obviously. She's an Irish citizen apparently.


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    #8
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    Cavehill Red wrote: »
    From the house obviously. She's an Irish citizen apparently.

    I was confused by the title.


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    #9
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    Logain wrote: »
    If Your 'non-eu' wife has an Irish passport, she is an Irish citizen and an EU citizen.

    Correct . There is a grey area about the grant of residence to non Eu parents .
    The passport was granted without my knowledge.I wonder can she apply for her mother to come as a tourist without my knowledge and stay in my house!!


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    #10
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    Logain wrote: »
    If Your 'non-eu' wife has an Irish passport, she is an Irish citizen and an EU citizen.

    Correct . There is a grey area about the grant of residence to non Eu parents .
    The passport was granted without my knowledge.I wonder can she apply for her mother to come as a tourist without my knowledge and stay in my house!!


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    #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    atkin wrote: »
    Correct . There is a grey area about the grant of residence to non Eu parents .
    The passport was granted without my knowledge.I wonder can she apply for her mother to come as a tourist without my knowledge and stay in my house!!

    There is no grey area about the grant of residence to Non EU parents. If the parent is a visa required national they will need a visa. If not they can enter and reside for 90 days. If a non EU parent (I am not dealing with free movement as it does not apply) wishes to reside for a longer period then they will have to apply for a long term visa. While there are no set rules such a parent would need to show sufficient income so as not to be a burden on the Irish state.

    A tourist visa will only allow 90 days in the country, while they can be extended it is rarely done. If you are not supporting the application then it would have little chance of success.


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    #12
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    Well in practice such procedures can be different in my experience.


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    #13
    mattjack
    Registered Users Posts: 5,389 ✭✭✭mattjack


    From your other thread :

    atkin

    Registered User

    Divorce Foreign national
    Hi,
    I am an Irish citizen married to a foreign national.
    This woman came here sought asylum 2001 and married me in June 2006.
    The marriage was one of convenience to allow her daughter to come here and for her to get residence.

    How 'bout handing yourself into the Gardai and admitting your sham marriage.


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    #14
    barrackali
    Registered Users Posts: 425 ✭✭barrackali


    If this is a sham marriage the OP deserves no help, in fact the OP should do time!


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    #15
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    A sham would be very hard to prove.


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    #16
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    mattjack wrote: »
    From your other thread :

    atkin

    Registered User

    Divorce Foreign national
    Hi,
    I am an Irish citizen married to a foreign national.
    This woman came here sought asylum 2001 and married me in June 2006.
    The marriage was one of convenience to allow her daughter to come here and for her to get residence.

    How 'bout handing yourself into the Gardai and admitting your sham marriage.

    I sent a signed letter to the INIS refusing to support her application for a passport .I told the authorities about her past working illegally and the marriage was not valid.They replied noted and granted her a passport .


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    #17
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    barrackali wrote: »
    If this is a sham marriage the OP deserves no help, in fact the OP should do time!

    I admitted this to the INIS and refused to support her passport application .
    The replied noted and granted her a passport.


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    #18
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    barrackali wrote: »
    If this is a sham marriage the OP deserves no help, in fact the OP should do time!

    I admitted this to the INIS and refused to support her passport application .
    They replied noted and granted her a passport.
    The Free Legal Aid have agreed to make the divorce knowing the facts.


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    #19
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    The marriage would be valid in the eyes of the state. How is a sham defined?


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    #20
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    As the thread has gone off track.I wish they would put me in prison so I could learn a new career now I am unemployed. Now can I move on to my original post !!


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    #21
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    Our man in Havana wrote: »
    The marriage would be valid in the eyes of the state. How is a sham defined?

    They are completely arranged without children.I guess its the first thing to note.The foreign women in my case look for a visa ,support for children,new life a dream and it goes sour.I just want to move on simply.
    I would like to see the stamp 3 being used more often .I have foreign friends that like to visit me.You have an exit stamp on the visa you pay for the registration .You cannot work ,welfare etc.The old sponsor method rather than someone going through the asylum process to stay here .I am happy if they come on a tourist visa if they are not more strict on it.I will probably end up with the local TD again.
    Got any idea how legitimately I can prove a relationship of 2 years.passport stamps visas, plane tickets .
    Digital camera with a date ,emails ,kiss in front of a lawyer, HELL show a bouncing baby DNA test and all.(not likely I am neutered)
    The Doc said just as well with the knife in his hand.I asked him could I freeze it he said NOt yours.


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    #22
    IrishAm
    Registered Users Posts: 1,576 ✭✭✭IrishAm


    Our man in Havana wrote: »
    A sham would be very hard to prove.

    It is not illegal in Ireland to organise a marriage for money or to enter into a sham marriage.


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    #23
    Monife
    Registered Users Posts: 3,014 ✭✭✭Monife


    IrishAm wrote: »
    It is not illegal in Ireland to organise a marriage for money or to enter into a sham marriage.

    True. The only power INIS have over sham marriages is to refuse an application for residency in which they believe the marriage is a sham.

    OP, you shouldn't have entered a sham marriage. I am afraid you are stuck with the consequences now as she has been naturalised as an Irish citizen. If she is on the housing list, I will assume she is on the dole. Therefore, her mother has little chance of being approved a tourist visa unless she has a decent amount of funds herself, because her sponsor (your ex-wife) probably could not fund her stay.

    They should bring in legislation (like other EU countries) to combat sham marriages. Then perhaps the genuine applications wouldn't be treated with such suspicion and delay and even undeserved refusals.


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    #24
    seb65
    Registered Users Posts: 402 ✭✭seb65


    ResearchWill wrote: »
    There is no grey area about the grant of residence to Non EU parents. If the parent is a visa required national they will need a visa. If not they can enter and reside for 90 days. If a non EU parent (I am not dealing with free movement as it does not apply) wishes to reside for a longer period then they will have to apply for a long term visa. While there are no set rules such a parent would need to show sufficient income so as not to be a burden on the Irish state.

    A tourist visa will only allow 90 days in the country, while they can be extended it is rarely done. If you are not supporting the application then it would have little chance of success.

    I believe that is incorrect. The Zambrano case has found that EU children have a right to their Non-EU parents, without any consideration given as to whether it is necessary for the citizens (children) to exercise their right of free movement. The Irish government has had to now completely halt deporting non-eu parents - and effectively their EU children - from the state. In fact, they have had to allow previously deported non-eu parents and their EU children back into the state. A completely cruel practice they were doing anyways.


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    #25
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    seb65 wrote: »
    I believe that is incorrect. The Zambrano case has found that EU children have a right to their Non-EU parents, without any consideration given as to whether it is necessary for the citizens (children) to exercise their right of free movement. The Irish government has had to now completely halt deporting non-eu parents - and effectively their EU children - from the state. In fact, they have had to allow previously deported non-eu parents and their EU children back into the state. A completely cruel practice they were doing anyways.

    The children in my case are step children and non EU .I have lived with her now for 11 years.
    Yes I pay the consequences and warn others not to fall into a trap of supporting other women's children.
    You get no gratitude and only abuse like what you see directed at me here.
    The immigration system allowed her to come here stay get a PPS number, work illegally, FIS and leave to remain.


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    #26
    mattjack
    Registered Users Posts: 5,389 ✭✭✭mattjack


    atkin wrote: »
    The children in my case are step children and non EU .
    Yes I pay the consequences and warn others not to fall into a trap of supporting other women's children.You get no gratitude and only abuse like what you see directed at me.

    Nobody gave you abuse, you told us,yourself, it was a marriage of convenience .To a certain degree , it does sound like you were duped by this woman and now you appear to be trying to make her life as difficult as is possible.
    If its your house can you not tell her to leave, you say she she works .. maybe she can support herself.


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    #27
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    The separation agreement states that she has no interest in the house .
    Yes at the time of marriage she said she loved me etc but after a year she moved to another bed and said she never loved me.
    A judge in any court will not grant a divorce unless she has accommodation.
    Her earning are low with the recession now.


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    #28
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    seb65 wrote: »
    I believe that is incorrect. The Zambrano case has found that EU children have a right to their Non-EU parents, without any consideration given as to whether it is necessary for the citizens (children) to exercise their right of free movement. The Irish government has had to now completely halt deporting non-eu parents - and effectively their EU children - from the state. In fact, they have had to allow previously deported non-eu parents and their EU children back into the state. A completely cruel practice they were doing anyways.

    My post stated clearly it was not dealing with free movement that is I was not dealing with any EU issues, as non existed, it was an Irish guy living in Ireland with his non eu but now citizen wife, her non eu child and in the future her non eu mother. Zambrano does not apply, also Zambrano only applies when the deportation of the non eu parent will result in the removal of the EU citizen child from the union. Zambrano does not give a 40 year old citizen the right to move their 80 year old non eu citizen into the union.


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    #29
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    atkin wrote: »
    The separation agreement states that she has no interest in the house .
    Yes at the time of marriage she said she loved me etc but after a year she moved to another bed and said she never loved me.
    A judge in any court will not grant a divorce unless she has accommodation.
    Her earning are low with the recession now.

    Why not apply for a nulity, if she is as calculating as you say then she had no intention of entering into and maintaining maritial relationships.


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    #30
    atkin
    Closed Accounts Posts: 342 ✭✭atkin


    ResearchWill wrote: »
    Why not apply for a nulity, if she is as calculating as you say then she had no intention of entering into and maintaining maritial relationships.

    No had a barrister look at the case said nullity was not an option.
    I will go for a divorce which has agreed to at present.


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    #31
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    atkin wrote: »
    No had a barrister look at the case said nullity was not an option.
    I will go for a divorce which has agreed to at present.

    So then a legal expert after hearing your story in full, decided it was not a sham marriage, it was entered into fairly by both parties, who intended to enter and maintain maritial relationships.

    You tell us ye have lived together for 11 years, yet she claimed Asylum in 2001,11 years ago. Ye lived together from 2001 to 2006 when ye got married, that's 5 years of I assume good times. Then you would have to have remained married for another 3 years for her to apply for citizenship. Then at some point things go sour. But you keep living with her, I really don't understand, what's going on to be honest.


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