This guide specifically applies to EU-1 applications for non-EU spouses of EU citizens. It may be applicable to other cases also.
RESOLUTIONS1. To exercise your treaty rights in Ireland you must submit an EU1 form as per European Directive 2004/38/EC. The Department of Justice MUST give you a decision WITHIN 6 months. If they do not see resolutions below.
2. The Department of Justice WILL return your passport and documents to you. Ask via a registered letter, if you do not receive a response within two weeks - see resolutions below.
3. The Department of Justice is required by European Directive 2004/38/EC to grant any non EU spouse of an EU Citizen a 5 YEAR residence card and passport stamp. The Irish law is currently at odds with this, so they seem to give one year stamps. If you get anything other than a five year stamp see resolutions below.
--------1. Make sure that all letters sent to the Dept/Justice are registered, dated, and copied - you will need this proof at later stages.
2. Verify your individual legal rights with the EU Citizens SignPost service at http://europa.eu.int/citizensrights/sig ... dex_en.htm. This is a FREE legal advice centre for EU citizens, they will confirm that the Dept/Justice is acting incorrectly.
3. Complete a SOLVIT complaint and attach the information provided by the SignPost service. SOLVIT is designed to deal with complaints regarding EU legislation not being correctly followed/implemented. There is a specific Irish department and they are well aware of the problems. http://europa.eu.int/solvit/. These people are quick and good to deal with.
4. Send a REGISTERED complaint to Kevin O'Sullivan, Immigration Policy Division, Irish Naturalization Immigration Service, Department of Justice Equality & Law Reform, 13-14 Burgh Quay, Dublin 2. He is the head civil servant in this division. Ask NICELY that they grant your correct rights as specified by EU SignPost and EU Directive 2004/38/EC and that they do so in an EXPIDITED MANNER. Copy this letter to SOLVIT.
(I am at this stage currently after a further two weeks I will take the next steps)
5. Send an official complaint to the Irish Ombudsman including all documentation which has been sent and received to far. Copy this letter to Kevin O'Sullivan again. http://ombudsman.gov.ie/en/
6. Two weeks later send an official complaint to the European Commission including the dates of all complaints so far and any responses which you may receive. http://ec.europa.eu/community_law/compl ... dex_en.htm. Copy this again to Kevin O'Sullivan.
There are further measures including the European Ombudsman, Petitioning the European Parliament, and for Ireland - the Freedom of Information (to determine how a decision was reached) may have some interesting effects. I will look into these a little later.
Please see the following link for other resolutions:
http://ec.europa.eu/ireland/your_legal_ ... dex_en.htm
Please help me with updates - and post your own experiences.