tomasmv wrote:I want to apeal, to my wifes residence not granted, can someone give me some info on how to do it.
thanks in advance
TomAs
Hi Tomasmv..... see below ... thats how i wrote my apeal:
The first thing you will need to do is to write a letter of appeal to
the Department of Justice, Equality and Law Reform, and also to CC this
letter to the European Commission in Dublin (I've included the relevant
addresses at the end of this email). The letter should be from both of
you and include the following points (in your own words):
We (both names) feel that (name of non-EU spouse) should be granted
residency on the basis that ours is a genuine and subsisting marriage
with an EU national who is working and residing in the State.
While we recognise the Minister's obligation to ensure that the
integrity of the immigration system be maintained, we submit that the
Regulations as they are currently enacted fail to provide for those
persons who marry either in the Republic of Ireland or in a non-EEA
country, and for completely reasonable and legitimate reasons do not
reside in another member state other than the one in which they live and
work. In this regard the Irish regulations are disproportionate in terms
of their impact on all lawfully and genuinely married couples. Prior to
the enactment of these regulations there was no requirement imposed on
the spouse of an EU citizen to have resided within the European Union.
That the provisions of Regulation 3(2) European Communities (Free
Movement of Persons) Regulations 2006, upon which the Minister seeks to
rely as the basis for this refusal, is not a valid requirement under EU
law. The provisions in question Article 10(2) of Directive 2004/58/EC)
do not contain a requirement of this nature.
You should also mention the details of your relationship history; for
example, that you met in (country?) while you were (working? studying?)
and were married in the (country?) in (year?). try to include as much
information as possible in support of your appeal.
The addresses to send the letters to are:
Department of Justice, Equality and Law Reform
EU Treaty Rights Section
13-14 Burgh Quay
Dublin 2
EU Commission
European Union House
18 Dawson Street
Dublin 2
Always try to send the letters by registered post, and keep the receipt.
Hope it will help you !!
