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"Bringing Wife to Ireland while I study"

I am in Ireland on a study visa pursuing a PhD but I am not allowed to bring my wife here who is a qualified doctor. My martial rights are not fulfilled as my wife cannot come here, me being here to study on a visa. Can I challenge this?

I am in Ireland on a study visa pursuing a PhD but I am not allowed to bring my wife here who is a qualified doctor.  My martial rights are not fulfilled as my wife cannot come here, me being here to study on a visa. Can I challenge this?

Brian O'Reilly answers: We had a similar question a number of weeks ago and this relates to the Dependant Spouse Visa Scheme. 

There is a particular procedure laid down where you can apply for a visa for a dependent spouse and children to come to Ireland while you are resident here.  It is a very specific procedure with transparency built in and can only be challenged if there is clear evidence of bias on the part of the immigration officers in question or ignoring the procedures involved.  There is also a right of appeal to any refusal or special conditions put on a visa. Your marital rights, as you mention them, have very little to do with the procedure.

Declan Carty asked that following earlier discussion on immigration on the programme the point was made that there is no transparency in the process and dealing with these applications all seem to be dealt with on an Ad Hoc basis.

Brian O'Reilly: The procedure is specific no matter what public perception is because if an aggrieved party feels unjustly treated they have a right of appeal to the tribunal or the right to apply to the High Court for Judicial Review. In such circumstances the State has to prove the proper process was followed at all times.

My advice is to this listener is to consult a specialist immigration lawyer and you will get them in the Golden Pages or if you contact the Law Society www.lawsociety.ie.-they operate a panel of lawyers willing to take on immigration cases.

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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