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I was previously a student in Ireland for a period of nine years. After my tuition I left voluntarily after the expiration of my visa to my home country of Nigeria. On applying for a UK student visa recently, which was refused, I learnt that after I had vacated Ireland, a deportation order was sent to my old address which formed the basis of my UK visa refusal. This order was served on my old address in Ireland a year after I had left the country. I showed evidence on my UK visa appeal that I was not present in Ireland at the time such order was claimed to have been served on me, but I was still refused.

I now proceeded to apply for an Irish tourist visa, this was also refused on the grounds that I had previously been served with a deportation order. On appeal and after producing evidence, my appeal was now denied stating that I had previously overstayed and I attached no proof of returning to my home country at the expiration of my visa (even though I had attached a letter from my employer). I wish to apply for an Irish visa again in order to visit old friends on my leave.

I would like advice on how long after my refusal can I apply and how to tackle the issue arising which led to my previous refusals.

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    Better get in contact with the embassy. Deportation is a very big red flag. As they have a proven case of you being an over stayer, you will need loads of convincing to do only on human rights appeal. Starting 1 October 2012, if you have overstayed your leave or permission to stay in the UK by more than 28 days any application for further leave will be automatically refused. And as EU countries share this data, it doesn't seem so positive if you have overstayed for more than 28 days.
    – DumbCoder
    Feb 2, 2015 at 14:42
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    Overstaying will have serious consequences for any future immigrations applications that you make, including applications for countries other than the UK. You must tell the truth in immigration applications and declare any periods of overstay if asked about them. If you are found to have used deception in an immigration application you are likely to be barred from the UK for ten years.
    – DumbCoder
    Feb 2, 2015 at 14:44
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    You appealed and provided your "proof of returning to your home country" and the appeals committee still denied your appeal; this means they did not consider it "proof" no matter that you do. It is very unlikely you'll be able to do anything now. How long has it been since your appeal was denied?
    – CGCampbell
    Feb 2, 2015 at 20:48
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    An exit stamp in your passport would be proof. An airline ticket might be acceptable. A letter from a foreign company probably is not.
    – Michael Hampton
    Feb 3, 2015 at 0:26
  • Thank you for all the responses. I left in may 2010. In attaching proof i supplied my entrance stamp on my passport into my home country, flight itinerary and airline tickets. My letter of employment was supplied at the time of the application for my visa
    – goku
    Feb 3, 2015 at 15:46

1 Answer 1

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I found one site which says the following: http://www.immigrationboards.com/immigration-for-family-members/ilr-dependant-visa-refused-decison-overturned-on-reappeal-t165773.html

[@GayotFow says "No. Family applicants have different laws than visitors. Family members are covered by the ECJ regime." So, pinch of salt.]

My wife's ILR dependant visa got refused initially but decision got overturned on reappeal after 6 months.

So that suggests you can appeal within six months.

The page on the appeals process (http://www.inis.gov.ie/en/INIS/Pages/Visa%20Appeals) doesn't say anything about re-appealing, but does say that appeals must be placed within two months.

The same may be true of re-appeals, so I would strongly recommend re-appealing as soon as possible. The only thing that would be worth delaying your application for is the advice of an immigration lawyer, which I very strongly suggest you take.

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    Hi Dewi and welcome to Travel.SE. Could you please clarify your answer? Is it just: re-appeal as soon as possible? I also don't understand the relevance of the link you posted, could you explain that a bit more? Thank you in advance!
    – Saaru Lindestøkke
    Feb 15, 2015 at 10:46
  • @BartArondson I posted two links - the first is the source for the quote I posted, which sets an upper bound on the minimum time as "six months", but with low authority as it's just a board posting mentioning it in passing. The second is the page about appeals, which suggests a 2-month max time limit may exist. I'll edit to clarify.
    – Dewi Morgan
    Feb 15, 2015 at 22:03
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    Thanks Dewi, the answer is much more clear now. Voted up.
    – Saaru Lindestøkke
    Feb 15, 2015 at 22:56
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    @DewiMorgan, No. Family applicants have different laws than visitors. Family members are covered by the ECJ regime.
    – Gayot Fow
    Sep 20, 2016 at 17:17
  • @GayotFow - thanks. I have no idea what that means in terms of appeals for non family members or what it stands for, but I've added it to the post just in case.
    – Dewi Morgan
    Sep 21, 2016 at 2:43

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