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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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hi i am an irish citizen my husband lives in tunisia ,i am

Resolved Question:

hi i am an irish citizen my husband lives in tunisia ,i am on disability allowence and four hours part time work,his visa has been refused reason insuficent documentation,that is all we are been told,we supplied all information and more with the visa application.do i have a right as an irish citizen to have my husband living with me ,i am 43 we want to start a family and all this is going to possible stop this happeining.I must have some rights does it all boil down to the fact that i have no money'i really hope you can help me im devastated over all this.Also would me been a muslim have interfered with our visa application.
thank you for reading this and i hope you can help me
from sue
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Firstly, the spouse of an Irish citizen has a right to live with them in Ireland should they so wish. Accordingly, your husband has now got two options. Firstly, he can judicially review the current refusal to allow him come and live with you in Ireland. he should take this option if you are correct in that all relevant documentation was correctly submitted with his application and there is no error in the application. Secondly, he can submit a fresh application this time with all the documentation correctly submitted and take legal proceedings if this is rejected. However, if his application can be shown to have been refused because he is a Muslim, then this is grounds for it being allowed. There are many Muslims living in Ireland who have visas, so I very much doubt this alleged bias has anything go to do with the refusal of a visa.

Buachaill :

2. Additionally, it is unlikely that you being on disability is the basis for the refusal. The ability of a spouse to live in Ireland is not dependent upon finance. A spouse is allowed to live with their Irish spouse in Ireland irrespective of financial circumstances. Finally, because insufficient documentation has been given as the refusal reason, I would tell your husband to go back and apply again. This time including all documentation requested.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Expert:  Buachaill replied 3 years ago.
1. Firstly, the spouse of an Irish citizen has a right to live with them in Ireland should they so wish. Accordingly, your husband has now got two options. Firstly, he can judicially review the current refusal to allow him come and live with you in Ireland. he should take this option if you are correct in that all relevant documentation was correctly submitted with his application and there is no error in the application. Secondly, he can submit a fresh application this time with all the documentation correctly submitted and take legal proceedings if this is rejected. However, if his application can be shown to have been refused because he is a Muslim, then this is grounds for it being allowed. There are many Muslims living in Ireland who have visas, so I very much doubt this alleged bias has anything go to do with the refusal of a visa.
3/26/14 6:58 PM
2. Additionally, it is unlikely that you being on disability is the basis for the refusal. The ability of a spouse to live in Ireland is not dependent upon finance. A spouse is allowed to live with their Irish spouse in Ireland irrespective of financial circumstances. Finally, because insufficient documentation has been given as the refusal reason, I would tell your husband to go back and apply again. This time including all documentation requested.

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