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EU1 5-Year Response, Anyone?

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

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Fri Oct 09, 2015 8:36 am

Tsdhot wrote:Birth certificate provided and the bills on name on eu citizen provided but not provide the property papers now i m thinking to send in reviw..i can't understand the second one
Second one is the test for dependency.

That you were not in a position of providing your essential needs in the country from which you came without the support from the EU citizen.
Smooth seas do not make skilful sailors

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Fri Oct 09, 2015 8:47 am

I m living in uk with eu citizen and not paying any rent or not any for food but how we can prove that in papers? Plzz help us

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Fri Oct 09, 2015 8:48 am

Did you have right to work?
Smooth seas do not make skilful sailors

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Fri Oct 09, 2015 8:51 am

In uk no not have..

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Fri Oct 09, 2015 8:54 am

You need to explain your case by all possible means.

The justice department will not try to dissect it for you.

If you proved dependency , then the department will have to issue it to you.

If membership of Household, you need to should that the Household was that of the union citizen , that he or she has primary authority of it.
Smooth seas do not make skilful sailors

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Fri Oct 09, 2015 8:57 am

You mean sir i have to prove that i was dont have work allowed in uk and i living with my uncle in his own house

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Fri Oct 09, 2015 9:40 am

You have to prove your case, whatever that may be.

If you are dependent then you have to, or membership of the same household or serious medical condition.
Smooth seas do not make skilful sailors

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Fri Oct 09, 2015 9:58 am

Thanku sir, can you please tell me about can i apply for eea family permit for uk and put case in surinder singh route

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Fri Oct 09, 2015 10:15 am

With the refusal , the changes are much tougher.
Smooth seas do not make skilful sailors

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Fri Oct 09, 2015 10:27 am

But i check the eligiblity for family permit they didn't mension about this visa that we need or not they just need they sponsor activity paper mnz job details and the proffs that we are leaving together in ireland atleast 3 months

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Fri Oct 09, 2015 10:33 am

But you are an extended family member.

The legislation in the UK does not even makes provision under EU law for you, that carries it's own issue, although I believe you can win that.

However the Irish refusing to accept you were dependent or member of your sponsors household will lead to further difficulties.
Smooth seas do not make skilful sailors

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Fri Oct 09, 2015 10:43 am

So at the end what you will advice me to do for both ireland and uk.?

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Sun Oct 11, 2015 10:15 pm

Tsdhot wrote:So at the end what you will advice me to do for both ireland and uk.?
I will strongly suggest you sort the Irish review first, and then proceed with the UK family permit, which will involve a lot of fight.
Smooth seas do not make skilful sailors

nahmed
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Re: EU1 5-Year Response, Anyone?

Post by nahmed » Mon Oct 12, 2015 6:14 pm

Hi Guys,

As informed before, I went to GNIB Dublin to get my mum's card on Friday. The queue is quite long however, they are processing it quite quickly. I got there for 4:30am and was about #60 in the queue. The activities start around 7:15 when the guys came to straighten up the queues and they finally start letting people in around 7:45. The queue then splits up between GNIB card and re-entry visas so I ended up getting token # 34. The numbers start going quite fast as compared to our last encounter around 7 months back and we were called nearly around 9 o clock.

We got to the desk, I presented the officer with the INIS letter, both our passports and my mums existing GNIB card. He checks everything through on the system. He kept her passport and GNIB card & returns the rest back. Goes all fine, please wait for the card so we sat back. So far so good till now.

Around 45 mins later announcements start happening with names to collect card/passport from counter 1. We went when her name was called. There was this Irish Lady Officer probably in her 50s at the counter. She seemed quite pissed off, I think she is one of the senior officers there. I said hello and she starts bombarding me with questions and comments which I didn't expect . Says to me are you gonna go back now, I said I am not decided yet. I am in contract at work and also at the house I am renting. She then goes how long have you been living in the UK, I said around 14 years. She says why didnt you just apply for her in the UK, I said they have virtually closed it for elderly relatives and in the last 4 years there has only been 1 reported successful applicant. She then starts moaning that this is too much for us and we are clamping down on all this now you know and kept on going blah blah. I kept quiet ignoring to get into conversation about it. She then says you know this card is only valid in Ireland, you cant be using this to live anywhere else in europe. I said Yes, I know. She then says if you leave Ireland to go back to UK, you have to re-apply there and I am gonna keep an eye on it and you cant be using this card if you go back etc etc. I said Yes, I know. She then started to note down my mums EUTR reference. She finishes and absolutely gutted puts the card and passport in the tray for us to pick up. I took them. She then suddenly asks if my mom can speak English? I thot if I say yes she may start speaking to her so I said No, she cant. She then rather evilly raised her eyebrows & commented what good can she be for the Irish society. I got fuming but didn't bother responding to her. You could tell she is absolutely gutted at passing us the docs and would have stopped it somehow if it was in her hands. I just said are we good to go? She looks plainly at me. I took my mum out from the counter and left. So this was my 1st bad experience yet living in Ireland since December last year. Anyways, had the GNIB card issued up to her passport expiry date now, although the last encounter wasn't very pleasant.

In UK now to collate all the paperwork for the review.

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Mon Oct 12, 2015 6:19 pm

Such behaviour merits a complaint I will say.
Smooth seas do not make skilful sailors

nahmed
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Re: EU1 5-Year Response, Anyone?

Post by nahmed » Mon Oct 12, 2015 6:49 pm

Back in UK now getting all the docs collated for my brother's review. Guys please advise how best to respond/prepare for the review. As I mentioned, no specifics given, don't mention what's missing. Just says:

"You have failed to submit satisfactory evidence of dependence on the EU citizen including prior to residing in the State as requested in our letter of 11/03/2015. You have failed to submit satisfactory evidence that you are a family member of an EU citizen in accordance with Regulation 2(1) of the Regulations."

Our case was both under dependency and under household membership. The letter of 11/03/2015 that they refer to is the acknowledgement letter they sent along with the Temp Stamp letter saying that we have received your application and the complete list of documents that they received as attached. In the end, there was a paragraph as below asking for further info:
"
Evidence of relationship with the EU citizen

For other family members:

- Evidence of dependence on the EU citizen, including dependence prior to residing in the State AND / OR evidence of membership of the EU citizen's household prior to residing in the State OR medical evidence, including a medical report from a physician, hospital etc., that you require the personal care of the EU citizen for health reasons

Other evidence of residence may be considered if deemed satisfactory. If you are not renting or a homeowner then the person you are living with should provide the above documents with a written declaration of your residence from the landlord or homeowner in addition to any other evidence of your residence.

Please submit the requested documents within 15 working days. A decision on your application is due by 09/09/2015 and will be made on the basis of the documentation on file at that time.
"
We couldn't understand why they are asking the same things again whilst the evidence in detail for each category is already provided and also acknowledged by them as received on the same letter. The request for evidence seemed quite generic as if it gets copied to all EFM application replies. Anyways, as per advice from the advisor via whom we sent the application through that we must respond within 15 days. So we responded with a detailed letter re-emphasizing that you have asked for this this info and then we listed the whole lot 1 by 1 that this this this evidence has been provided to you under each heading. If you require any further specific evidence please let us know what and we will try our best to provide.

They then responded to our letter acknowledging thanking for our letter and that we have received your response. A decision on your application is due by 09/09/2015 and will be made on the basis of the documentation on file at that time.

I would really appreciate some guidance on this review process. If you can interpret their 1 para refusal response as to what they are trying to say and where we went wrong. And going forward how best to respond, attach evidence and proceed with the review.

As you may understand, a bit of distress in the house at the moment despite of my mum's successful application. We dont even know what is it that we should have provided and we didnt. As yet, from @Obie's earlier (very helpful) responses, I gathered (our mistakes) that we should have written a detailed and very exhaustive account of my brother's circumstances as to how and why he is dependent and then backed by attached extensive documentary evidence, instead of just the documentary evidence along with a summary of the circumstances. We had to have it opened completely to them the dependency as the department will not disect it out for us.
Re household membership, I still dont know what we missed and they also dont mention what.

Please advise as I must respond within a week. Their letter is dated for the 2nd Oct but didnt reach us till the 8th due to the postal strike. Your help will be highly appreciated.

nahmed
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Re: EU1 5-Year Response, Anyone?

Post by nahmed » Mon Oct 12, 2015 6:50 pm

Obie wrote:Such behaviour merits a complaint I will say.
How best you suggest to do that? Could it cause issues to us later on as she may take it rather personal. What do you think?

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Mon Oct 12, 2015 7:29 pm

Well she was personal to you. If you asked if you mother can speak English, and when you said no, she said, what use can she be to Ireland, that is offensive and inappropriate. She has to be reported, so no one can face similar fate.

Advisers should not simply send documents, they are required to explain how a particular case fits the legal test.
Smooth seas do not make skilful sailors

nahmed
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Re: EU1 5-Year Response, Anyone?

Post by nahmed » Tue Oct 13, 2015 8:38 am

You are right @ Obie.
How best to report the incident? Do I report it to Solvit or INIS or some other department? I dont even know her name man.

Could you also please shed some light on the refusal reasons quoted. Are they not supposed to explain why they are refusing, etc?

nahmed
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Re: EU1 5-Year Response, Anyone?

Post by nahmed » Wed Oct 14, 2015 1:54 pm

Any help guys?

Tsdhot
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Re: EU1 5-Year Response, Anyone?

Post by Tsdhot » Wed Oct 14, 2015 10:28 pm

@nahmed can u tell me your number so we can discuss bcoz we are in same position.() send me eamil plz

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Wed Oct 14, 2015 10:32 pm

You can share personal details via private messaging. Not appropriate to do this on open forum.
Smooth seas do not make skilful sailors

alphagear
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Re: EU1 5-Year Response, Anyone?

Post by alphagear » Mon Oct 19, 2015 1:08 pm

My wifes response was due today on the 19th of october.

No call to employer or correspondence yet.

Obie
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Re: EU1 5-Year Response, Anyone?

Post by Obie » Mon Oct 19, 2015 2:01 pm

When does your stamp 4 expires?
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alphagear
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Re: EU1 5-Year Response, Anyone?

Post by alphagear » Mon Oct 19, 2015 4:10 pm

Hi Obie,

Stamp expires a month later 19th november.

But the letter says decision pending date 19 october.

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