Visa Refused

Appeal it. Maybe, talk to John Ferris first: https://www.facebook.com/john.ferris.359 It is all part of the 'system'. They have tables of required income, taking number of dependents etc into account. On appeal someone with more experience will have a look at the application. For all we on the internet know he earns 100,000 and it was read as 10,000, or he is on 35,000 with a load of kids.

Section 17.2 of the Policy Document on Non-EEA Family Reunification sets out the income requirement for the Irish spouse of a non-EEA spousal permission applicant:

Where Sponsor is Irish Citizen
17.2 An Irish citizen, in order to sponsor an immediate family member, must
not have been totally or predominantly reliant on benefits from the Irish
State for a continuous period in excess of 2 years immediately prior to
the application and must over the three year period prior to application
have earned a cumulative gross income over and above any State
benefits of not less than €40k.

If your brother hasn't been making at least €40k in wages and/or other non-social-benefit income over the past three years, he doesn't meet the requirement and most likely won't be able to sponsor her, unfortunately.

It's over the 3 years.

368100 wrote: »

he works as a full time barman so maybe not major money but I would have thought enough to support the two of them.

Barman is typically on a bit more than minimum wage, but nowhere near the €20 per hour needed to earn 40k per annum. (Tips don't count as income.)

He can appeal. But really he needs a better job.

A baf worker wage is still not enough to support two people's living expenses.

What would happen in this situation where a sick or disabled person wanted to marry a non-EU citizen but due their personal illness or disability were unable to work and be above the funding threshold? Surely a visa denial would be a breach of their human rights and be discrimination against the disabled.

I have trouble believing that someone on 14k per annum would be able to support a spouse.

I would suggest that 40k over 3 years is an old figure that was retained in the document as a failure of editing.

It is important to note that its a policy document and does not create a right to reunification based on information in the document.

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.

BorneTobyWilde wrote: »

How on earth can they keep his wife out of country. Must be some human rights violation. .

Why? Sex is not a human right.

Plenty of countries don't consider marriage at all when assessing relationship status.

368100 wrote: »

She's not allowed to work for first 18 months.

It's crazy, stopping someone from working, paying tax and supporting themselves ....while at same time worrying that they'd be an economic burden on state. Typical mindlessness (that's the polite version of wjat I wanted to say)
It is a breach of European human rights so we're pushing that angle to get things moved on.
They have 10 weeks from 1st March to make a decision on the appeal

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.

godtabh wrote: »

With all the poverty where are you going to get $10k?

People will do desperate things when they are desperate. This is part of the reason why sham marriages are so strictly policed in this part of the world.
Where do the African migrants trying to get to Western Europe by boat get the money to pay the people smugglers?

Mrs OBumble wrote: »

Why? Sex is not a human right.

Moronic post

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

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.

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

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.

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?

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.

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

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.