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Forum to discuss all things Blarney | Ireland immigration

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Post by efrenirvana » Mon Mar 05, 2007 7:40 pm

Last edited by efrenirvana on Wed Jun 05, 2013 6:22 pm, edited 1 time in total.

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Post by brownbonno » Mon Mar 05, 2007 8:25 pm

Looking at the EC directives.They are too explicit to be maladministered.On a point of law,the Directives do not require you to have a particular type of Visa(C or D) to apply for a Residence permit as a qualified Family member of an EC citizen.
In the case European Commission v Spain (2005)
Held - ''The application would be allowed. By failing to transpose correctly into its national law Council Directives (EEC) 68/360, 73/148 and 90/365, and in particular, by requiring third-country nationals who were members of the family of a Community national who had exercised his right to freedom of movement to obtain a residence visa for the issue of a residence permit and by failing, in breach of the provisions of Council Directive (EEC) 64/221, to issue a residence permit as soon as possible and in any event not later than six months from the date on which the application for that permit was submitted, the respondent had failed to fulfil its obligations under those directives.''

My candid opinion is for member states to employ qualified personnels as decision makers to reduce these level of JOKES on the Directives.
To answer your question,if things are done rightly.You won't have any problem provided your partner/wife is exercising the treaty rights.
Last edited by brownbonno on Mon Mar 26, 2007 4:25 pm, edited 1 time in total.

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Post by Mikael » Wed Mar 07, 2007 8:00 pm

Dear Everybody,
I want to tell you about my experience that is a POSITIVE one at this point:
I have applied for an EU1 application back in June 2006. As most of you I have never received any letter within the legal 6 months. As you all know getting through them it is almost imposible. The 19th of January I have call them and they told me that a letter was sent the 16th (3 days before). I told them that I have received nothing and I went to the post office to check and they confirmed that nothing arrived for me.
So I was not sure if they lied me or what because they kept saying that for the following month. Now I know that the problem was they put in the letter Dublin 6 instead of Dublin 8, I confirm that address with them at least 5 times but they confused anyway.
In my case i HAD NOT lived in another EU country before.
Being fed up of this situation and not having nobody to help me i have contacted a lawyer specialized in immigration and he told me that my situation will be resolved in a matter of 2 weeks for sure. So even before taking legal action against them he just wrote them a letter "threating" them that if we do not get a positive answer within 1 week, he will take them to court. Fortunately in the day number 10 my letter arrived giving me 1 year stamp 4. I am so happy and relax now. So I highly encourage all you to contact a lawyer who will not charge you very much because its an easy case and he will be able to help you and sort your right to live with your EU spouse in Ireland.
I will not release my lawyer's name but any immigration lawyer should be able to help.
All the best luck or you

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Post by Plaasjapie » Fri Apr 20, 2007 11:00 am