ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Garda Refused to Issue Eu4Fam (Dependent Parents)

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Tue Mar 25, 2014 1:11 pm

Hello Gurus

Here is a problem now, i am exercising my EU treaty right in state, my dependent Eu4fam application is approved from Ministry of Justice and we received letter as well but my local Garda Immigration Officer refused to issue the permits (cards with EU4Fam stamp).

She told me that she has written a letter to authorities that she is not satisfied, and will not issue permits unless receives a reply from them. she also refused to give me anything in written.

i am very worried. Please advice me what shall i do now.

Thanks

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by CalvinKlien » Tue Mar 25, 2014 1:14 pm

What reason she gave you, why is she not satisfied ? Was ur EU spouse with you when you went to the Garda ? and what city Grada station are we talking about ?

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 6:49 pm
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by chaoclive » Tue Mar 25, 2014 1:25 pm

If this turns out to be her fault, you really should complain about her performance. If INIS has approved your family to get an EU4FAM and have also sent her a letter so much give you the stamp. What would be the issue? This must be against EEA rules.

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Tue Mar 25, 2014 1:44 pm

Thanks Gurus for your quick response.

@ CalvinKlien
No reason given, she said that i have sent letter to authorities. she refused to give me written response as well. i went myself thinking that i will get an appointment because they run an appointment system. It is Kildare Garda station.


@ Chaocive
previous visits she said, she didn't received the approval letter, now after confirming both Eu treaty and Ginb Department (Head-office) that they have re-send my parents approval letters to local garda but today she refused to grant and told me that she has written to authorities.

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by CalvinKlien » Tue Mar 25, 2014 1:56 pm

This is the first time i ever heard such a stupid act by the Gardai, U must write to EU Treaty Right Section and ask for explaination. Make sure you send the letter by registered post and i hope you will get a reply back within a week. Make sure you send them the approval letter also.

Keep us posted the outcome.
Good Luck

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 6:49 pm
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by chaoclive » Tue Mar 25, 2014 2:01 pm

You must push them. If you are dealing with a solicitor (you don't need one), try to get them to write a letter (cost permitting) reminding INIS that they are probably in breach of EU rules!

When your parents entered Ireland, did they have a visa issued by the Irish Embassy in their home country?

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 6:49 pm
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by chaoclive » Tue Mar 25, 2014 2:14 pm

You could also drop a line to the following places:

1 Your Advice Europe: europa.eu/youreurope/advice/index_en.htm (To ask for advice)
2 Solvit: http://ec.europa.eu/solvit/index%5Fen.htm (To complain that another EEA nation hasn't recognized your rights)

El shaddai
Member of Standing
Posts: 252
Joined: Sat Nov 08, 2008 2:03 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by El shaddai » Tue Mar 25, 2014 3:49 pm

I knew this woman you are talking about Garda Catherine. She is a very difficult person and she always have problems with EUFAM. I had an encountered with her and I knew lots of people that had issues with her. All I will advice you is to right to the Garda Commissioner and copied Eu treaty right section and they will get back to you within 3 to 4 weeks. alternatively ring ICI ( Immigration Council of Ireland - 016740200 and explain your situation I am very sure they will help you fast.

Don't Give Up!!

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Tue Mar 25, 2014 4:15 pm

Thanks alot all of you for your advise.

i have send email to Europe Advice.

also i will also write letter to Eu Treaty right department and Garda Commissioner.

@ El Shaddai

yes i think she is same lady, she is very harsh but unnecessarily, she asked so many questions when i went for my parents Stamp 4. now she told me that she write letter to authorities and it could take up to 6 months.

but i can't understand, how she could refused it, and for what reason.

i cannot find anything on INIS, if Garda got this power to refused to issue residence permit, while Ministry of Justice approved the application, and who is the final authority ?

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 6:49 pm
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by chaoclive » Tue Mar 25, 2014 4:22 pm

Catherine is not a good advertisement for the Kildare area. I really hope she gets sorted out. She should not have the power to make decisions on European legislation.

Please do send a letter to Solvit and you might consider involving your local Dail member if you can.

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Sat Mar 29, 2014 7:32 pm

HI Gyus

Just to update that i received reply from Solvit and they required more details of my parents EU1 application and copy of approval letters and reason of not issuing residence permits by Garda.

Please give me advise.

thanks

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 6:49 pm
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by chaoclive » Sun Mar 30, 2014 2:15 am

Just give them what you have and tell them as many details as you can. Re: refusal reason, just tell them that the GNIB officer wouldn't tell you any more details, tell them about how she has written to INIS and seems to be deliberately making things difficult for you. If you have the approval letters from INIS, scan these and send them on.

Don't worry. Solvit are meant to sort out problems, they won't make extra trouble for you.

Good luck!!

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Mon Mar 31, 2014 5:25 pm

Hi CalvinKlien, chaoclive,

i have received email from EU treaty Right Department , they are saying that they have noted contents of my email and forward it to GNIB through email. ( i dont understand this)

i am so confused now, i don't even know what going on there.

So far i have send email to

EU treaty Right Department

GNIB Headoffice

Solvit


Could anyone please tell me what powers Garda have and how they can refused to issue Eu4Fam while got approval letter in hand from Ministry of Justice.

Also can i request them to issue residence cards in GNIB Dublin office, instead of Garda Kildare ?

Many Thanks

jasmin kool
Newbie
Posts: 36
Joined: Tue Mar 11, 2014 1:04 am

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by jasmin kool » Mon Mar 31, 2014 8:29 pm

Hi I am new user I don't know is it the right place for post but I want to know something if anybody can help me please. I have a family member of eu citizen residence card issued in portugal with my british wife. I had read that I can travel to ireland with out visa because of my eu family member residence card.i want to know that I want to settle in Ireland with my british wife what I will have to do next after ariving in ireland.dose I need to apply for stamp 4 eufam or my family member of eu citizen residence card which is issued in portugal will be valid there.please I will be thank full to you if anybody reply me .

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Wed Apr 02, 2014 10:25 am

Hi Everyone

i have received email from EU treaty Right Department , they are saying that they have noted contents and forward it to GNIB through email. ( i dont understand this)

also i got reply from GNIB, they saying that matter is getting attention.

So far i have send email to, EU treaty Right Department, GNIB Headoffice, Solvit.

Could anyone please tell me what powers Garda have and how they can refused to issue Eu4Fam while got approval letter in hand from Ministry of Justice.

Also can i request them to issue residence cards in GNIB Dublin office, instead of Garda Kildare ?

Many Thanks

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 6:49 pm
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by chaoclive » Wed Apr 02, 2014 12:43 pm

I'm really not sure about whether or not GNIB have the power to overturn an INIS decision. Finding that out will be difficult.

RE: issuing the card in Dublin, you could always drop an email to: eutreatyrights@justice.ie asking if this can be done. You will have to explain your situation again clearly.

All you can really do at the moment is to wait on a decision. These things are slow but don't worry, your parents have the right to stay there (at the very least until someone tells you otherwise!). Relax.

El shaddai
Member of Standing
Posts: 252
Joined: Sat Nov 08, 2008 2:03 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by El shaddai » Wed Apr 02, 2014 4:20 pm

If you have got an acknowledgement from the EU treaty then definitely they will get back to you within 4- 5 weeks they are never in a hurry. But you can as well write the Garda Commissional.

You just have to relax, because you will be ask to go back to that same Kildare to get the stamp unless you move out of Kildare to another County. It may take a while but you will surely get the stamp.

Never Give Up!!!

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by CalvinKlien » Thu Apr 03, 2014 9:55 am

gismanchester,

Don't worry about the powers og Garda / GNIB. They cannot pin point anyone for no reason. In my very first post i advised you to send a letter by registered post to the EU Treaty Rights Section. I know u have sent email but if i were you i will not send email but a registered letter....I would advise again to send a letter to EU Treaty rights and cc the same letter to the Minister of Justice (Alan Shatter). You will definatley get a response from the Ministers office. I am saying that on the bases of my personal experience.

All the best and keep us posted...

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Thu Apr 03, 2014 11:42 am

@CalvinKlien

thanks for your reply, i realized now that i should send them letter (register post) it my mistake, i will do this today.

i will also write to Allen office.

Could you please advice me if i moved to Dublin, as my tenancy agreement is temp, will this help to matter sorted quickly ?

@El shaddai

i will not give up, but i am very much amazed that Gardi (immigration officer) told me last time that she will not issue Eu4fam, and when i ask her, i got approval letters from Ministry of Justice, upon this she said which ever department says she will not issue resident cards.

also EU treaty right department,, instead of giving direction to local garda immigration officer or GNIB, they are simply saying that they noted the contents of my email and forwarded this to GNIB email.

Thanks

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by CalvinKlien » Thu Apr 03, 2014 12:18 pm

Based on my experience, anyone that went to the INIS office in Dublin with a letter of approval from the DOJ is never turned down because a Garda is not in a good mood or he/she just don't like you.

Also, in INIS if a visa officer have any doubt or concern he will consult his supervisor and they will give you a valid reason of refusing you but in your case a Garda in country side wants to do what ever she feels like...

Yes, it would be a better option if you go to INIS office with Dublin address. Also keep fighting for ur right, Garda have no right to refuse you without a valid reason... Again, please send registsred letter to EU Treaty Rights Section and to the Justice Minister and attach the copies of your letter of approval from DOJ. Also try to meet your local TD and explain your situation... Keep sending info to the Solvit and Immigrant council of Ireland.

I hope within the next few weeks your case would be finalized...

All the best

adelmurray
Member
Posts: 115
Joined: Sun Jan 20, 2013 10:00 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by adelmurray » Fri Apr 04, 2014 9:35 am

i know that person you are talking about , she thinks she's being efficient without realising that she is just making the process harder and putting pressure on people . i can not say if she is entitled to refuse to issue stamp or not , but if she can she has to have a good and valid reason for doing so .
my advise to anyone don't settle in Kildare if you have a choice , and if you think that your case may be complicated at some stage during your residence in the county of Kildare .

but don't worry you will get your parents stamp , and be prepared for future complications from this person , so every time you go there in the future make sure you have all the necessary and required documents with you , keep calm and answer any questions she may ask you , this will prevent her from using the powers conferred to her by the minister to refuse to issue a residence card , as she can use the excuse of (the applicant did not answer some of my questions ) and that in itself a reason for her to refuse to issue the stamp , having said that it does not mean that your parents are not entitled to such a stamp , it only make things a bit complicated and time consuming .
best of luck with this issue and hope you get it resolved soon .

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by gismanchester » Fri Apr 04, 2014 2:17 pm

Hi everyone

Many thanks for you advise and support.

Just to update that i visit GNIB Head office,Dublin, and i have seen by one of staff there and they check our file and confirm that Kildare Garda Immigration Officer put hold on my parents application, he also said that only Immigration Inspector can overwrite it.

He also ask me so many unnecessary questions, e.g why you come to Ireland while people go UK, what do you do here , where are your kids and spouse, why they don't live with you, he say they know that you will go back to UK once you got permits etc it was a small interview.

in end he say come next week, and see Immigration Inspector.

so please, advice me shall i go there or wait for their written response, also Solvit accept my case and they will reply me in 10 weeks (2 months).

it was Mistake to move in Kildare.

Thanks

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by CalvinKlien » Fri Apr 04, 2014 4:38 pm

I would suggest to go and meet Immigration Inspector. You have no reason to be scared. be brave and fight for ur right.... If you don't go they will suspect that u r guilty for some reason.

toofan
Member of Standing
Posts: 274
Joined: Thu Apr 03, 2014 5:10 pm

Re: Garda Refused to Issue Eu4Fam (Dependent Parents)

Post by toofan » Sat Apr 05, 2014 4:50 pm

application under eu law does not come under national law so as far as eu national is exercising treaty rights national authorities can not refuse the application under freedom of movement directive 2004/38ec.
and Ireland is well known of breach of eu laws or their officials are ill trained . and eu law is lot stronger than national law. hope
You may have to fight a battle more than once to win it.
<<<<<<<TOOFAN>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

gismanchester
Newbie
Posts: 46
Joined: Tue Jul 09, 2013 1:17 pm

Re: Garda Grant Eu4Fam (Dependent Parents)

Post by gismanchester » Sun May 04, 2014 2:12 pm

HI Everyone

I would like to thank all of for your help and support.

My parents issued Eu4Fam residence card from Grda Kildare after battle of three months.

My advice you not to move to Kildare.

please let me know if anyone have problem with Kildare Garda, so i can share some experience.

Thanks

Locked
cron