in case anybody is interested... this is what Solvit mailed to my husband this morning..
Dear Mr. *****,
I wish to acknowledge receipt of your SOLVIT Complaint form.
You may have heard of a court case which is ongoing against the Department of Justice, Equality and Law Reform. The court case is relating to the Irish Law which transposes European Directive 2004/38/EC. This Irish Law refers to non-EU spouses of EU citizens having to be legally resident in another Member State prior to coming to Ireland. The problem appears to lie in section 3 (2) of S.I No. 656 of 2006.
We have received confirmation from the Department of Justice, Equality and Law Reform that a decision is due on the High Court case on the 8th June 2007.
The Irish SOLVIT Centre understnads that the letter from the Department of Justice states that, "your application may be eligible for reconsideration pending the outcome of the court case". The Department of Justice informed us that applicants who have been refused residency do not have to appeal the decision now. Following the court case the Department of Justice will automatically reconsider all applications where refusal letters were issued, if directed to do so by the courts.
Regarding your wife's residency in the UK. If it was a visit/tourist visa you wife entered the UK on, then this will not be considered as being legally resident in another Member State as permission was granted for a visit only.
Was your wife residing in any other Member State? If so, please send proof of this to the EU Treaty Rights Section in the Department of Justice.
The Irish SOLVIT Centre will keep your details on file and we will be in touch as soon as we receive information on the court case decision.
Kind Regards
Sinead
Irish SOLVIT Centre
Internal Market Section
Dept. Enterprise, Trade and Employment
Ph:+ 353 1 631 2740
Fax:+ 353 1 631 2562
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and yes.. good plan that. so many lives rest on it.