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
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