Successes! Visas for spouses of non-EEA national (November 2010)



We were pleased to report in our weekly update in November some successes! We had several visas granted to spouses of non-EEA nationals and we explained here some of the issues to be addressed in any application.


Many people come to us for assistance in challenging negative decisions on applications for visas for their spouses or other family members to come and join them in the State.  We are pleased to say that this week, we have been successful in a number of applications/appeals that we made on behalf of our clients. 
One client in particular was absolutely distraught when her application for a visa for her non-EU husband to come and join her in Ireland was refused.  As a UK citizen she moved to Ireland to commence employment.  She applied for her husband, who is living outside of the EU to join her.  The reasons for refusal did not make sense to us or to our client and furthermore the decision to refuse was unlawful under the Free Movement of Persons Regulations S.I.656 of 2006 and the Directive on Free Movement 2004/38EC.   We made a lengthy appeal and relied on the entitlement of an ‘accelerated procedure’ that applies to visas for family members of EU nationals who want to make an application to join their family member in the State.  In less than two weeks we were pleased to advise our client that the Visa Office in Dublin approved our appeal and that arrangements would be made for her husband to travel to Ireland within a couple of weeks. 
Visa applications are tricky and we spend considerable time drafting detailed and informative applications supported by a large volume of documentation and essential information.  Spending time on such applications and appeals usually pays off.  We are however hoping to succeed in further visa appeals that we have recently submitted for spouses of Irish nationals.  Unfortunately and to many people’s disbelief such applications tend to be less straightforward and take a considerably longer period of time to progress! As always, we shall keep you informed on any further developments!
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