New Regulation Tougher measure for Permitted Family member

The Minister of Justice has issued new regulations 2015 coming into effect on the 01-02-2015. Please find below.

http://www.irishstatutebook.ie/eli/2015 ... ade/en/pdf

The new regulations is very interesting in a negative way, and in some way may breach EU law policy and rules.

The Regulation of particular interest makes failure to apply for Permanent Residence Card a Criminal offense.

This is clearly inconsistent with EU law which provides that applying for residence document is optional and not compulsory.


Positive for Permitted Family members

1. Visa should be issued free of charge.

2. Contrary to previous practice, this visa must be issued as part of an accelerated procedure.


Negatives for Permitted family members.

1. A more detailed examination will be undertaken on their case, before they will be awarded this status.

2. new form EU 1 A is being promulgated.

Things like extent , duration and nature of dependency will be taken into account.

The minister will then decide if they are Permitted family members.

The length of time for which they have been a member of the Union Citizens household will also be considered.

The minister has imposed a notion of abuse of rights like the UK, where a person may be refused on the basis of abuse of rights. Similar to the UK , but not as drastic and inhumane like the UK, who are removing Union Citizens for a period of 12 months if there is abuse of rights.


Marriage of Convenience is further defined as a marriage contracted in the State or outside it for the sole purpose of securing rights of residence.

It is a whole change as opposed to an amendment, and due to my schedule, it will take me a bit of time to fully update the forum on the implication .

But it appears the Irish authorities has taken a leaf of the UK book, wonder why that would have happened, and make their regulations as complex and cumbersome as possible.

For permitted family member, the minister has imposed a new requirement , which is that, the relationship should not have been established for the objective of seeking residence rights in the state or in memberstate .

So they could refuse if they think it is for Surinder singh .

Obie wrote:For permitted family member, the minister has imposed a new requirement , which is that, the relationship should not have been established for the objective of seeking residence rights in the state or in memberstate .

So they could refuse if they think it is for Surinder singh .

Hi Obie,
Good Evening!

Has any Non-EEA dependant parent or parent-in-law obtained a stamp 4 (complete 5 year residency card) in Ireland and then tried the Surinder Singh route to the EEA national's country?
Has this been successful for anyone yet? Please advise.

Thank you,
Warm regards,

Aaron.

Aaron-Law wrote:

Obie wrote:For permitted family member, the minister has imposed a new requirement , which is that, the relationship should not have been established for the objective of seeking residence rights in the state or in memberstate .

So they could refuse if they think it is for Surinder singh .

Hi Obie,
Good Evening!

Has any Non-EEA dependant parent or parent-in-law obtained a stamp 4 (complete 5 year residency card) in Ireland and then tried the Surinder Singh route to the EEA national's country?
Has this been successful for anyone yet? Please advise.

Thank you,
Warm regards,

Aaron.

I second this, but with a slight twist? Is Surinder Singh affected? I.e. family members of an Irish citizen returning to Ireland after a period of residence in UK? Thank you for sharing your interpretation.

Further analysis of the regulations .

http://brophysolicitors.ie/the-european ... ions-2015/

Obie wrote:Further analysis of the regulations .

http://brophysolicitors.ie/the-european ... ions-2015/

Hi Obie,

Thank you for your message and the helpful link above.
I strongly feel that the new addition to the Irish book of Statute was a method to reduce non-EEA dependents. But unfortunately implementation of these clauses/ laws would bring Ireland as a state in breach of the EU rights.

It will only be a matter of time where a serious case goes to ECHR picking one of these issues and end up being rewarded costs/ compensation for such breach by the Irish authority/ government body. It's a shame that people don't think about the Tax payers wallet before structuring such things.

Thank you,
Best Regards,

Aaron.

Aaron-Law wrote: It will only be a matter of time where a serious case goes to ECHR picking one of these issues and end up being rewarded costs/ compensation for such breach by the Irish authority/ government body. It's a shame that people don't think about the Tax payers wallet before structuring such things.

yes, but that would entail someone going through the hurdle of it. no one wants to be first in an unchartered territory, you know...

Hi A.S.B.O;

Thank you for your message below, I understand that nobody wants to touch the waters but it's only a matter of time or circumstances where someone will get tangled with this issue and some legal representative like one of us would say let's work on this in the interest of the client.
That's when it will end up becoming a case law. It's funny as a couple of days ago I had emailed the Treaty rights unit asking a similar question and they replied to me with a very evasive answer by saying that, "it depends on case to case basis and if you want to know more get in touch with a solicitor."
Funny enough if these people start sandboxing us lawyers then, where are the commoners going to get solutions from?

Thank you,
regards,

Aaron.

There is no doubt in my mind that many of these new changes are clearly unlawful and will not stand the test of time.

I shall dissect them if or when i am able to find time, but many of them causes me deep seated concern.

btw,

permitted family members are not direct family members, right?

Obie wrote:
Negatives for Permitted family members.

1. A more detailed examination will be undertaken on their case, before they will be awarded this status.

Was not this always the case? I remember reading that since permitted family members were never automatically entitled to join their EU family members, their applications had to be thoroughly examined before they would be rejected or approved?

Obie wrote:
2. new form EU 1 A is being promulgated.

Things like extent , duration and nature of dependency will be taken into account.

The minister will then decide if they are Permitted family members.

The length of time for which they have been a member of the Union Citizens household will also be considered.

The minister has imposed a notion of abuse of rights like the UK, where a person may be refused on the basis of abuse of rights. Similar to the UK , but not as drastic and inhumane like the UK, who are removing Union Citizens for a period of 12 months if there is abuse of rights.

Marriage of Convenience is further defined as a marriage contracted in the State or outside it for the sole purpose of securing rights of residence.

But it appears the Irish authorities has taken a leaf of the UK book, wonder why that would have happened, and make their regulations as complex and cumbersome as possible.

To be honest, it never was easy for permitted family members. I know of a very small number of cases that were successful from the very beginning. I might be wrong, but I feel that the new guidelines are in fact easier and more straightforward in terms of guidelines. But this might be just on the surface.

The new guideline are wholly cumbersome and to some extent I wonder how the civil servant at the department will be able to apply them to a particular case.

Anyway I await refusal , so it lawfulness can be challenged in court..