runie80 wrote:
well i guess no point in trying if this statement is correct ?
can anyone cross check and let us know do we still have hope or this is it.
What strickes me is that they mentoned UK in this. but UK is giving spouce visas AFAIK any or may be i am reading it wrong ?
you might have notice my past posts could have been intrepreted doubt on whether or not the kumar case would be successful, by stating issues that eu law could not impose on any country as each country still enjoys soverignity when putting directives into domestic law. another example of where ireland, britain and denamark never went a long with other european countries was the schegen scheme. but, i am not a judge. we dont know what will happen. maybe a disentin obiter from a judge will highlight an issue that might be used in another case similar to kumar.
basically, and again i know its easy for me to say, but there is no point giving up now considering how far many of ye have come. it is going to be very very very hard for a justice minister to consider deporting people
who have being in this country for over 3 years,
who are in a geniune marriage,
who have a child born here (if one of the parents is irish, that child might be able to use section 7 of nationality and citizenship act 1956-2004 (citizens by decent of irish parent), if one of the parents is european, they could get citizenship from that european parent)
or if
at some point one of ye people were intially legal resident and working due to work permits etc, ye have proven that ye have connection with the state and capability to not be a burden to the state.
what i am trying to say is that maybe it would not hurt if ye make an application to the repatriation unit at irish naturalisation and immigration section, dept of justice, 13/14 burgh quay, dublin 2. the application that ye could make is "an application purusant to section 3 of the immigration act 1999." it is also known as humanitarian application for leave to remain in the state. it will cost ye nothing unless ye get a more professional application done by a solicitor. the decision is at the discretion of the minister. dont send original documents just copies. the following style it should be in:
1. Name (a bit obvious)
2. Address in the State (you might be worried, if refused but you have to give actual address in order to receive a reply, alternatively, if worried use mates address)
3. department of Justice number (if any, its the 69 number which ends with year that you first registered, people who may have applied for refugee status will know what i am saying)
4. age (veryhard to remove an eldery person, if they have been here a long time)
5. date arrival in the state.
6. family and domestic circumstances
this is were you state that your married to an eu national, state how long the relationship was before you married (if a long time) when you got married. any children? where were they born? documents to use could be a copy of marriage cert, copy of birth certs, copy of front photgraph page of eu spouses passport, bank statements with both names on it to show that you have lived together in a home as a family unit. even better a letter from a landlord (if he/she knew both of ye where living together and charging both of ye rent) if possible a letter from a priest/pastor/or muslim leader who married ye (if in the state) or who baptised yer children, the letter would state that he knows ye and states that ye are in a loving family etc. alternatively a letter from a well known neighbour. (these will help to support your case. you can imagine that the spouse who is entitiled to work and does, well who normally takes care of the children while spouse at work? you naturally.does children's interest need to be a priority? yes , for the care and parentage of both parents.
7. connection with the state.
here you will hammer home (pardon the slang) the amount of time you have been here. for many you will have intergrated into irish society. maybe some of ye might have previously being allowed to legally work in the state, if so show a copy of your old work permit or letter from old boss or p60 (make sure you were legally allowed to work here thou, never mention work unless you were allowed). are any of ye involved in community groups or sports teams? if so get a letter from these people (many people will be aware of these issues as they may have done them before for others like ye). some of ye might have been students here in ireland (show copy of letter from college confirming this) again you also emphasis you family connections . all this helps to prove you could be as the saying goes "more irish than the irish themselves"
8. Humanitarian issues that you wish to bring to the attention of the Minister.
here, you would emphasis the hardship for you and your family if you had to go to another country in order to remain as a famiy unit. for some eu spouses, they maybe from places such as east europe (please i dont mean to offend) or africa or middle east where human rights protection is not actually on the governments list of priorities. could you be able to send your child to a school in those countries? can you genuinely go back to your country? (reason for coming here shows things were not great back home, as i say i dont mean to offend, but it may be valid points, try a strenghten ones case) for documentary evidence of a country, or country of origin as it is known go to www.ecoi.net, www.amnesty.org, check out human rights report and religious freedom report from the us dept of state web www.us.gov, or uk home office country of orign reports www.homeoffice.gov.uk. (these are just examples)
9. employment history
10. employment prospects in this state.
in no 9 and 10, the minister wishes to see if one would be a burden on the state if granted residency. i am sure many many of ye are highly qualiied people in your country, or business people, etc. copies of college degrees or employment documents could help you here. it might be possible that you know somebody in this state who would employ you if it were not for you not being allowed to work, due to your current status. it may be possible that you might be able to get a letter from that person which would state that he knows you and he would have no problems employing you.
11. representations by you or made on your behalf.
here, you yourself could make a letter stating you case. alternativley you could ask members of the community to write a letter, these letters are like references, or character references. so examples include as stated before, letters from community memebers such as the church/mosque or social and sport leaders or people who know you, landlords etc.
12. here you would state that you have never come to the adverse attention of the police in ireland or the country of origin. you would state that you are a law abidding citizen and a person of impeccable conduct and character. (if by any chance that one has been in trouble, for the love of god do not mention it.
lastly, 13. reason why you should not be deported or refoulement.
here (this is where a legal person could come in handy) you briefly restate sections 1-12. state how returning you might violate your rights under article 8 of european convention on human rights (family and private life), rights of eu spouse to family reunification. some of ye may fear for your life (relates to failed asylum seekers) if returned to your country of orign.
these headings 1-13 are issues that the minister must decide on when considering deporting someone. making one is better than sitting around feeling sorry for your self (just keep your case highlighted to the dept). speak to immigration council about it. if you are successul, you are intially given residence and freedom to work for one year. and so long as you are still in a family unit, not getting into trouble and working, it should normally be extended. however, it will take a good period of time before it is processed. but then you could keep writting to them asking for a decision and asking them to acknowledge the safe receipt of the application. if application takes over 8 months and you had continued to send a letter then go to a lawyer. the possible remedy could be after solicitor giving a warning letter, would be to go to the high court seeking an order of mandamus (bad spelling) forcing the minister to make a decision, considering the serious delay, it might be possible that some form of residency is given,
some of ye might have already done this. some of ye might be sick and tired of waiting. i am just giving ye some ideas of what to do, (just trying to help) if ye make such an application make sure that you keep yourself a copy of such application and a copy of any correspondence from the dept.
)
Still very strange...