NON EU SPOUSE JOINING EU SPOUSE IN DUBLIN ADVISE

nad2107 wrote:do u think i should go back before my three months is up on monday n then come back as i can easily get the time off work. so i can go for week ten days or does it not matter now as the application has already been made

How long has it been since you submitted the visa application to the Irish?

It was done in november initially then when we rang for update they said wedidnt receivve passport pics which by the way we had sent so they didn't forward the application
we now reapplied 23 dec 2011

the case ahould be dealt on accelerated basis did you send them any covering letter with directives etc with visa application when you applied.
and do you know where visa decision comes from from ireland or from karachi conulate i think they post the documents to ireland or tehran embassy.
and did your husband give them his job details bank etc or not.

hi sierra

i ust found out this morning it gets dealt with here in ireland however there is no number to ring the visa people u have to send an email which i have jsut requested my husband to do

no we did not submit any bank details or work letter or payslip or anything of that nature as i have been here for less then 3 months when we applied and even now my three months dont end till monday

i am just concerned about what i will do if the 3 months end and then they start asking for stuff. any idea anyone or can they not do that as initial application was done before the 3 month period

i went onto inis website but no number for visa guys they give an email address i dont know if anyone else has a number by any chance

NM

Don't worry about it going over 3 months. I know it does get stressful and nonsense runs round you head but it's really not a problem. Your husband has a right to be staying in the state whilst his Residence Card application is being processed.

We submitted my wife's Residence Card application on 3 January 2012 and today she received her temporary Stamp 4 in her passport while her application is being processed.

nad2107 wrote:i am just concerned about what i will do if the 3 months end and then they start asking for stuff. any idea anyone or can they not do that as initial application was done before the 3 month period

After three months, the EU citizen is required to be:
working
looking for work (a "job seeker")
self employed
self-sufficient
or a student

Working does not need to be full time. Two days a week is fine.

Directive/2004/38/EC wrote:

nad2107 wrote:i am just concerned about what i will do if the 3 months end and then they start asking for stuff. any idea anyone or can they not do that as initial application was done before the 3 month period

After three months, the EU citizen is required to be:
working
looking for work (a "job seeker")
self employed
self-sufficient
or a student

Working does not need to be full time. Two days a week is fine.

Dear Directive/2004/38/EC,
My husband applied for visa and I was in the state for less than 3 months therefore did not need to submit anything from my side. However, visa officer sent letter to my old address asking for proof for residency (lease agreement+exercising eu treaty rights)in the state. I worked for few weeks in the the however looking for work now. I have bank letter, pps letter and letter from previous employer.

Do you think, these letters are enough?

msPita wrote:Dear Directive/2004/38/EC,
My husband applied for visa and I was in the state for less than 3 months therefore did not need to submit anything from my side. However, visa officer sent letter to my old address asking for proof for residency (lease agreement+exercising eu treaty rights)in the state. I worked for few weeks in the the however looking for work now. I have bank letter, pps letter and letter from previous employer.

Do you think, these letters are enough?

I assume you are the EU citizen. How long have you been in Ireland? Is your husband applying for a visa to enter Ireland, or is he already there and applying for a Residence Card (4EUFam)?

Directive/2004/38/EC wrote:

msPita wrote:Dear Directive/2004/38/EC,
My husband applied for visa and I was in the state for less than 3 months therefore did not need to submit anything from my side. However, visa officer sent letter to my old address asking for proof for residency (lease agreement+exercising eu treaty rights)in the state. I worked for few weeks in the the however looking for work now. I have bank letter, pps letter and letter from previous employer.

Do you think, these letters are enough?

I assume you are the EU citizen. How long have you been in Ireland? Is your husband applying for a visa to enter Ireland, or is he already there and applying for a Residence Card (4EUFam)?

Yeah I am EEA National. My husband applied for visa on 22/Dec to enter the state. I was told that visa officer sent me letter on 30/Jan and requested for residency and work proof. I informed visa officer that My address was changed and still waiting for new letter.
I moved to Ireland on 20 Nov. I just want to know what docs should I present. I worked for few weeks however looking for new work now.

msPita wrote:Yeah I am EEA National. My husband applied for visa on 22/Dec to enter the state. I was told that visa officer sent me letter on 30/Jan and requested for residency and work proof. I informed visa officer that My address was changed and still waiting for new letter.
I moved to Ireland on 20 Nov. I just want to know what docs should I present. I worked for few weeks however looking for new work now.

For the first 90 days, starting from 20 Nov, you do not need to be working.

Statutory Instrument S.I. No. 226 of 2006 European Communities (Free Movement of Persons) Regulations 2006
6. Residence in the State
(1) Subject to Regulation 20, a person to whom these Regulations apply may reside in the State
for up to 3 months on condition that he or she—
(a)(i) where the person is a Union citizen, holds a valid national identity card or passport,
(ii) where the person is not a national of a Member State, holds a valid passport, and
(b) does not become an unreasonable burden on the social welfare system of the State.
[This is the end of the requirements for under 3 months]
(2)(a) Subject to Regulation 20, a Union citizen may reside in the State for a period longer than 3months if he or she—
(i) is in employment or is self-employed in the State,
[...]

You can simply write them a letter and say that you are in your initial period of residency in which you do not need to be working. Be sure to quote the full extract of the law above.

You should also point out that they are required to issue the visa "as soon as possible" and on the basis of an accelerated process.

What did they request for residency proof? I find this requirement from the Irish to be illegal when done for a RC, and it is at least as illegal when asked for in the initial period of 90 days.

Directive/2004/38/EC wrote:

msPita wrote:Yeah I am EEA National. My husband applied for visa on 22/Dec to enter the state. I was told that visa officer sent me letter on 30/Jan and requested for residency and work proof. I informed visa officer that My address was changed and still waiting for new letter.
I moved to Ireland on 20 Nov. I just want to know what docs should I present. I worked for few weeks however looking for new work now.

For the first 90 days, starting from 20 Nov, you do not need to be working.

Statutory Instrument S.I. No. 226 of 2006 European Communities (Free Movement of Persons) Regulations 2006
6. Residence in the State
(1) Subject to Regulation 20, a person to whom these Regulations apply may reside in the State
for up to 3 months on condition that he or she—
(a)(i) where the person is a Union citizen, holds a valid national identity card or passport,
(ii) where the person is not a national of a Member State, holds a valid passport, and
(b) does not become an unreasonable burden on the social welfare system of the State.
[This is the end of the requirements for under 3 months]
(2)(a) Subject to Regulation 20, a Union citizen may reside in the State for a period longer than 3months if he or she—
(i) is in employment or is self-employed in the State,
[...]

You can simply write them a letter and say that you are in your initial period of residency in which you do not need to be working. Be sure to quote the full extract of the law above.

You should also point out that they are required to issue the visa "as soon as possible" and on the basis of an accelerated process.

What did they request for residency proof? I find this requirement from the Irish to be illegal when done for a RC, and it is at least as illegal when asked for in the initial period of 90 days.

Does it really matter now as today on 20/feb/12 I have been in the state for last 90 days.

So they have taken more than 2 months, and have still not issued the visa? Out of order! Complain to Solvit.

But in parallel to that: Unless you have lots of money to support yourself from savings, you need to find yourself a job. Any real and normal job will do. Part time is fine. At this stage, it is key to remaining in Ireland.

Directive/2004/38/EC wrote:So they have taken more than 2 months, and have still not issued the visa? Out of order! Complain to Solvit.

But in parallel to that: Unless you have lots of money to support yourself from savings, you need to find yourself a job. Any real and normal job will do. Part time is fine. At this stage, it is key to remaining in Ireland.

thanks dir ver much. I managed to get myself a decent flat. looking for part time work now. however I and my husband are unsure how in much time we have to submit these docs. I have sent email to solvit as u suggested.

Have you actually received a letter from them? How were you informed of the request for more documentation?

Directive/2004/38/EC wrote:Have you actually received a letter from them? How were you informed of the request for more documentation?

they sent letter on 30 jan on my old address. when i asked for update they told me about the letter via email. I then reminded them about the change of address email. adviser told me that new was given to visa officer. since then we heard nothing. I have managed to get proper flat and moving in tommorow. i am planning to take my rental agreement personally. but without the letter and job proof dont know who I should speak to.

thx for ur help

Directive/2004/38/EC wrote:Have you actually received a letter from them? How were you informed of the request for more documentation?

Just to let you know my husband has been issued D type visa and he will be coming to dublin soon. I wrote letter to visa officer remining him what u said and also sent pps letter and bank letter. Visa was issued in 2 days.

Thanks for your help