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Department of Justice changes EU law policy.

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

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Obie
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Department of Justice changes EU law policy.

Post by Obie » Sat Nov 07, 2015 11:37 am

The naturalisation and Immigration Service of the Department of Justice and Equality has announced some changes to EU law, one of which I find unlawful.
It is most welcomed that all documents regarding treaty rights, should be copied as opposed to original. This is welcomed as some EU nationals are having to wait for several months for their travel documents to be returned.

From 09-11-2015, this will no longer be the case.

Of utmost concern to me, is the departments announcement that Irish national returning home with the non EEA spouse or family members, will only be considered under Singh, if they were issued residency under EU law in the memberstate in which they resided.

This is clearly a gross violation of EU LAW principles, as the case of Royers makes clear that the Residence permit only has confirmatory and not right conferring purpose.

I will strongly advise returning Irish national to challenge this, as their right to return home with their non eea spouse is not strictly speaking dependent on whether their family had obtained residence permit in which they last resided.

http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
Smooth seas do not make skilful sailors

el patron
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Re: Department of Justice changes EU law policy.

Post by el patron » Sat Nov 07, 2015 9:56 pm

Yes Obie you care indeed correct, and with the land border easy to see how a challenge could be brought by someone with standing.

Obie
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Re: Department of Justice changes EU law policy.

Post by Obie » Sat Nov 07, 2015 10:18 pm

I am sure they will surely have advisers to inform them that such a requirement is inconsistent with the case law on residence permit or residence card. Even End, a 2007 judgement clearly dealt with the relevance of a Residence permit. Why the Irish wants to impose such requirement is beyond my understanding .
Smooth seas do not make skilful sailors

sanfon
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Re: Department of Justice changes EU law policy.

Post by sanfon » Thu Nov 12, 2015 2:26 am

@obie

can you please clarify this in simple words , as i am unable to understand this,

for example if i got eufam stamp and now i can't travel outside ireland ?? or what would happen if i travel .
next what does this mean that i would be treated as singh.

Apologies in advance i dont know much about surinder singh route. i just wanted to clarify in simple words what you have mentioned above.

a.s.b.o
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Re: Department of Justice changes EU law policy.

Post by a.s.b.o » Mon Dec 07, 2015 2:46 pm

Obie wrote:The naturalisation and Immigration Service of the Department of Justice and Equality has announced some changes to EU law, one of which I find unlawful.
It is most welcomed that all documents regarding treaty rights, should be copied as opposed to original. This is welcomed as some EU nationals are having to wait for several months for their travel documents to be returned.

From 09-11-2015, this will no longer be the case.

Of utmost concern to me, is the departments announcement that Irish national returning home with the non EEA spouse or family members, will only be considered under Singh, if they were issued residency under EU law in the memberstate in which they resided.

This is clearly a gross violation of EU LAW principles, as the case of Royers makes clear that the Residence permit only has confirmatory and not right conferring purpose.

I will strongly advise returning Irish national to challenge this, as their right to return home with their non eea spouse is not strictly speaking dependent on whether their family had obtained residence permit in which they last resided.

http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
Obie

thank you for these news. It is certainly open to challenge but it confirms 'Pareto-type' rights of most applicants (i.e. 80% of applicants would have held RCs prior to moving to Ireland).

I myself will be in a similar situation. I am considering to move back to Ireland and to bring my parents across. They will enjoy right of residence with no further pressure on me to exercise my rights in UK (where I am based at the moment). This will be handy if i were to look for tenure academic job europe-wide with no second thoughts on my parents' right of residence.

so in short, it means that family members will need to get a RC first, prior to moving to Ireland with their EEA- sponsor. I would have otherwise seen difficult to prove residence abroad without RC

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