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Stamp 4 eufam restricted

Forum to discuss all things Blarney | Ireland immigration

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Spunky
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Stamp 4 eufam restricted

Post by Spunky » Wed Apr 13, 2016 2:00 pm

Hi i have received 5 years permission letter from eu treaty rights section.when i went to cork immigration for registration certificate they issue me only 6 months stamp4 eufam.one officer told me cork immigration head restric my 5 years permission due to sham marriage suspect.but my wife with me always.can u plz help me anyone what can i do.

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broli
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Re: Stamp 4 eufam restricted

Post by broli » Fri Apr 15, 2016 12:58 am

what happens after 6 month did you ask them ?
if your marriage is genuine you should not worry about sham marriage

Spunky
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Re: Stamp 4 eufam restricted

Post by Spunky » Fri Apr 15, 2016 1:05 am

My stamp 4 eufam residence card will expire 18 july 2016 .but i am worry about they give me rest of card together. Also i am in uk with my wife now.i need help obie.can i complain solvit.for 6 months resident i cant found good job also.no employer not hire me coz my residence card will expired after 3 month.plz help me obie.

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griffith
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Re: Stamp 4 eufam restricted

Post by griffith » Fri Apr 15, 2016 1:21 am

This is unlawful, yes it's true that the minister of justice has given extensive powers to the immigration authorities to question the couples to determine if this marriage is a marriage of convenience. You or your wife may not have satisfied the immigration officer on the basis of which you were given only six months visa stamp. I have been to the GNIB Dublin myself and i was also questioned by the immigration officer, they are doing this at random.

You must satisfy the immigration officers as outlined on page 34 para(5) of the regulations.

http://www.irishstatutebook.ie/eli/2015 ... ade/en/pdf
Stay strong & never Give up!

Spunky
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Re: Stamp 4 eufam restricted

Post by Spunky » Fri Apr 15, 2016 1:26 am

I know but Griffiths minister of justice approved my application then why immigration officer issued only 6 months.should i complain in solvit.

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griffith
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Re: Stamp 4 eufam restricted

Post by griffith » Fri Apr 15, 2016 1:36 am

It's a breach of law, you are an EU family member so Yes it's your right to contact Solvit anytime.
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Spunky
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Re: Stamp 4 eufam restricted

Post by Spunky » Sat Apr 16, 2016 1:55 pm

Anyone have solvit email address for complain breach of eu rights.

Obie
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Re: Stamp 4 eufam restricted

Post by Obie » Sat Apr 16, 2016 2:04 pm

This is not solvit matter, it is a judicial review matter.

If the minister has issued you with 5 years permission to remain in the state, then by law, the Garda has no power to overturn it , without a further written notice by the minister stating why she is departing from the law.
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Spunky
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Re: Stamp 4 eufam restricted

Post by Spunky » Sat Apr 16, 2016 2:11 pm

Hi obie what can i do now.should i wait for 3 months for rest 4 and half years residence card.currently i m now uk with my eu citizen wife.is that effect my eu treaty rights and how long can i stay in uk.can i eligible to work in uk for first 3 months with irish stamp 4 eufam .

Obie
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Re: Stamp 4 eufam restricted

Post by Obie » Sat Apr 16, 2016 2:25 pm

griffith wrote:This is unlawful, yes it's true that the minister of justice has given extensive powers to the immigration authorities to question the couples to determine if this marriage is a marriage of convenience. You or your wife may not have satisfied the immigration officer on the basis of which you were given only six months visa stamp. I have been to the GNIB Dublin myself and i was also questioned by the immigration officer, they are doing this at random.

You must satisfy the immigration officers as outlined on page 34 para(5) of the regulations.

http://www.irishstatutebook.ie/eli/2015 ... ade/en/pdf
Regulation 28 (5) applies to the minister and not the Garda.

The Garda is not exercising a function of the minister, which only INIS/ Justice department can exercise.
They are basically implementing the decision of the minister.
Smooth seas do not make skilful sailors

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griffith
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Re: Stamp 4 eufam restricted

Post by griffith » Sat Apr 16, 2016 2:57 pm

Obie wrote:
griffith wrote:This is unlawful, yes it's true that the minister of justice has given extensive powers to the immigration authorities to question the couples to determine if this marriage is a marriage of convenience. You or your wife may not have satisfied the immigration officer on the basis of which you were given only six months visa stamp. I have been to the GNIB Dublin myself and i was also questioned by the immigration officer, they are doing this at random.

You must satisfy the immigration officers as outlined on page 34 para(5) of the regulations.

http://www.irishstatutebook.ie/eli/2015 ... ade/en/pdf
Regulation 28 (5) applies to the minister and not the Garda.

The Garda is not exercising a function of the minister, which only INIS/ Justice department can exercise.
They are basically implementing the decision of the minister.
True, but in most of the cases the person who issues the decision letter is coming down from the eu treaty rights unit to interview the couple in person also they have a check-list in which there are certain questions to be asked. " I have seen all this myself ".

Judicial review will take ages, also the immigration law firms are well aware that the Garda national immigration bureau are going against the law but they are advising their clients to satisfy the immigration officials themselves as they now have powers to investigate potential immigration abuse cases or the matter will then go to the court and even after going to the court the case will then go for a further six months review.
It's a lengthy process. I personally know people in a very similar situation and they have gone for a review.
This person cannot even involve a lawyer unless they give him/her any reason(in writing) for not issuing them with a five years visa stamp. This person should go back to the garda station and ask them for the reason in writing.
Stay strong & never Give up!

Obie
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Re: Stamp 4 eufam restricted

Post by Obie » Sat Apr 16, 2016 3:12 pm

Well in a matter like this were the minister has made a decision, then a JR is the only remedy.

The minister's decision has not been rescinded. It remains active.
Smooth seas do not make skilful sailors

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