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Couple emigrating to Ireland - looking for guidance

Last activity 30 May 2011 by ThaiVisaExpress

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andyha

Greetings everyone!

I posted about 4 queries scattered across the forum yesterday, and experienced team member Armand suggested it might be clearer if I consolidate by putting my queries in one new thread.

In essence, I'm looking for guidance to help me migrate to Ireland with my wife.

I'm not Irish; I'm a UK citizen, and am living in Cambodia with a Cambodian wife - we've been married for 4 years.

We desire to relocate to Ireland to settle permanently and find work.

The paperwork looks quite light and undemanding (certainly compared to the UK) but I'm still unclear about one or two points even after pouring over the appropriate official websites.

As I understand it, I just need to turn up at an airport with my UK passport. My wife, being the spouse of an EU national, does not need a visa but she does need a Residence Card. We apply on form EU1 and they put stamp #4 in her passport, right? The Residence Card permits her to stay and work at any job in Ireland, right?

The thing is, this process is supposed to take about 6 months. This makes it tricky for us to plan ahead, in particular to secure accommodation and jobs. One post I read said they will give her a temporary 6 month stamp which will get extended to 2 years when we settle in - is this right? They return the passport duly stamped after a month, but keep the birth and marriage certificates until we get there?

I'm hoping that despite the current state of the economy, we can find jobs reasonably quickly, but not before arrival. Now I can send documentation to show that I am working and earning in Cambodia, but if I don't have a rented flat and job lined up on arrival, will my wife be refused entry? I can show, if requested, that I have about 5000 Euros in my Cambodian bank account - is that enough to show I can support her until we get on our feet?

In Cambodia, Irish matters are dealt with by the Irish embassy in Hanoi, which has no email address on its website and doesn't answer the phone. I'm relieved we don't have to apply there for a visa.

In short, I'm worried that she might be barred from accompanying me to Ireland because we won't have accommodation and work guaranteed on arrival. Can anyone correct me, reassure me,
or help me to get the application right?

I should explain that in certain ways, we are not the typical expat couple. I'm not careerist, and we're not going to comparing life in Ireland with the US, UK or any developed nation. There is hardly another nation on Earth where the future for a decent person is so hopeless as Cambodia. We really do live a simple, unassuming life but the pervasive corruption in Cambodia has ground us down and we crave to live peacefully in a civilized society, hence Ireland. We'd rather settle on the west coast where life would be more tranquil and hopefully cheaper, but we need work. Despite my professional background, I want to avoid the rat-race and live a low key, stress free life; therefore, we'd be fine picking up little more than the minimum wage. My question is, if we lived in Galway or somewhere like that, and we both earned modest salaries, would we be able to afford to rent a one-bed flat in a quiet, safe area and sustain ourselves?

Briefly, I am a teacher (university professor here in Cambodia) with 25 years' experience behind me. My wife, aged 30, whose English is excellent, would be good in areas such as hotel receptionist, working in a restaurant or shop or any area like that. We have no children and don't intend to start a family.

If anyone can address just one of the many issues I raise, I would be terribly grateful.

Thanks in anticipation,

Andy

ThaiVisaExpress

No your wife requires a Visa to enter Ireland. Southern Ireland you are referring to ?

Further information


If you're entering NI then she requires either a visit Visa or a settlement visa you are a UK Citizen so how can you exercise treaty rights ?

andyha

'Ireland' means the Republic of Ireland. Northern Ireland is part of the United Kingdom.

Anyway, never mind. Since writing that post we've decided to focus onto getting into the UK.

ThaiVisaExpress

Yes I'm well aware of NI & the immigration rules this is my job. Your wife requires a settlement visa then !
Settlement visa
Your wife is exempt from the new English requirement also as a Cambodian national.
She is also entitled to ILE the UK subject to KOL requirement as you have been married 4 years or more living abroad.

What that means in basic terms is as soon as your wife enters the UK & passes either an ESOL/KOL requirement she can apply for indefinite leave to remain without waiting the qualifying 2 year period.

ThaiVisaExpress

I must add its down to you to demonstrate to the ECO that you have been in a relationship.

Such as documents in joint names a marriage certificate is not enough.

If you have family in the UK third party support is allowed.

Regards Paul

andyha

Hi Paul,

A settlement visa is what we want; however, the problem is that at the moment we cannot PROVE to the immigration officials that my wife won't be a burden on the state. That's why we figured it would be easier getting into Ireland.

However, what we'll now do is have her enter the UK on a visitor's visa. I've got 6 months to find a decent enough job and get accommodation so that she can then apply for permanent settlement. Does that sound viable?

ThaiVisaExpress

No she cannot switch from a Tourist to a settlement visa.

She will have to return to Cambodia to apply for settlement.

ThaiVisaExpress

They will accept third party support for example free accomadation etc.

Not forgetting your wife can work also- the ILE is also a bonus to.

You could always travel ahead and gain employment also.

andyha

I'm not au fait with all the acronyms - ILE? KOL?

I'm assuming she cannot work while on a visitor's visa.  I realise she'll probably have to return to  Cambodia to do the paperwork again, but we can try applying for a change of circumstance first.

We have 3rd party support - a friend offering us a room in his London flat.

ThaiVisaExpress

You cannot apply for a change of circumstances that's the immigration rules- she must return to Cambodia simple !

If you are not taking on board what I am advising then little point in me replying !

She must not maybe if she sees fit return and applying for settlement you cannot switch categories on a visit visa in your circumstances.

I'm regulated by the Oisc in the Uk I'm an immigration adviser ok!

You cannot just do as you like rules are rules.

Kol is knowledge of lifr Ilr is indefinate leave to remain.

ThaiVisaExpress

You are best applying for a settlement visa - I'm not aware totally of your position financially etc.

But its very probable you satisfy the rules.

Paul

andyha

A Settlement visa is what we want to apply for, but I'm nervous that we'd waste $1000+. The problem is that at the moment I have no accommodation of my own, no assets and no job in England. Therefore, my intention is to relocate to England to find all that. Rather than leave my wife on her own in Cambodia for 6 months, I'll bring her over on a visitor's visa so she can get acclimatised. Then, when I'm established in the UK she can apply for a Settlement visa.

We've got enough documentation to show that we have been married and living together all this time; as I say, my concern is that I can't prove that she, or we won't be sponging off the State - that's why I'm worried that she'd be refused a Settlement visa at the Bangkok embassy at this time. Am I right to be concerned about that?

ThaiVisaExpress

She will enter on a Tourist Visa or Family visit visa.The one thing you need to realise she cannot apply for a settlement visa in the UK she must return to Cambodia take note of this.

This is Immigration law you cannot apply for a change of circumstances I have processed some 500 applications to enter the UK.

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