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Some hope for those denied EU Treaty rights (No work though)

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

Will you vote for the PDs this election?

Poll ended at Tue May 15, 2007 1:09 pm

Yes
0
No votes
No
3
38%
Who are the PDs?
5
63%
 
Total votes: 8

dsab85
Member
Posts: 224
Joined: Tue Oct 24, 2006 10:44 am

Post by dsab85 » Tue May 01, 2007 6:20 pm

We went to the GNIB office this evening. Not because of some else's success, but because we would have done it anyway.

They said they could never issue a Stamp 3 GNIB Card or even a re-entry permit without a written Permission of the Justice Department, stating that the person is allowed to stay and re-enter.

Unfortunately I tried to get that letter before, and they refuse to issue something like that. So in our case we were sent home without getting any further.

So we will now just try to get a multiple-entry spouse visa at the Irish Consulate in her home country. Big pain in the backside, but what can you do.

Within a few weeks I will hopefully be in a position to give you more infos on the current situation in Nortern Ireland (regarding Treaty Rights).

Have a good evening, and stop bickering. 8) Not a kindergarten, or?

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Tue May 01, 2007 6:33 pm

She was issued a green card and can leave and come into Ireland as much as she wishes
If your wife was an american citizen, can't she already leave and come into Ireland as she pleases under the visa waiver program? (of course 3month max)

joesoap101
Member of Standing
Posts: 333
Joined: Fri Oct 06, 2006 5:48 pm
Location: California

Re: Some hope for those denied EU Treaty rights (No work tho

Post by joesoap101 » Tue May 01, 2007 7:18 pm

----The GNIB people are good people and they will help you, remember that when you deal with them and they will help you---

Ok this statement couldnt be further from the truth! They dont want to help anyone. They are just another incompetent government agency, collecting large amounts of revenue without providing a good service.

ONE LAST THING: IF YOU DISAGREE WITH THIS POST PLEASE OPEN ANOTHER POST TO COMPLAIN IN. THIS IS WHAT HAPPENED TO US! THIS POST IS FOR POSITIVE NEWS ONLY. PLEASE ONLY POST POSITIVE HOPE GIVING STORIES, WHICH OURS IS.

I hate to inform you but it is not for you to decide who posts what in response to anything you post!

Finally, obtaining a stamp 3 although welcome is not such a big deal. You neednt settle for second best. The government is ignoring its own and EU laws.

Plaasjapie
Member
Posts: 124
Joined: Thu Oct 12, 2006 8:53 pm

Post by Plaasjapie » Tue May 01, 2007 9:36 pm

0000
Last edited by Plaasjapie on Sun Jul 15, 2007 2:33 pm, edited 1 time in total.

scrudu
Senior Member
Posts: 649
Joined: Wed Mar 22, 2006 2:00 pm
Location: Dublin, Ireland

Post by scrudu » Tue May 01, 2007 10:08 pm

dsab85: So we will now just try to get a multiple-entry spouse visa at the Irish Consulate in her home country. Big pain in the backside, but what can you do.
Are you sure such a visa is possible? As far as I am aware, they only issue single entry spouse visas. Re-Entry visas are available when in Ireland, although I'm not sure how this works with a 3 month single entry visa.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed May 02, 2007 6:08 am

dsab85 wrote:So we will now just try to get a multiple-entry spouse visa at the Irish Consulate in her home country. Big pain in the backside, but what can you do.
Have you considered becoming briefly resident in the UK as a couple? It does not need to be for long - I think a day or two should do. A couple can very easy to get UK residency as long as one is an EU citizen and the other person is not in Ireland illegally.

I believe that having been resident in the UK would then cover the Irish EU1 requirement.
The Immigration (European Economic Area) Regulations 2006 (UK) wrote:Initial right of residence
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Wed May 02, 2007 8:50 am

Exactly! With Northern Ireland just up the road I don't understand why none of you haven't thought of this already.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

dsab85
Member
Posts: 224
Joined: Tue Oct 24, 2006 10:44 am

Post by dsab85 » Wed May 02, 2007 9:05 am

I did. :-) We are completely moving up for about 6 months.

My company offered me a UK transfer for up to a year or however long it takes to get the UK Residence card. After that we will move back to Ireland. By then the situation will hopefully be sorted, and it won't take an eternity anymore to get your Work/Residence Permit.

archigabe
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Location: Dublin

Post by archigabe » Thu May 03, 2007 11:38 pm

If you guys are going to move to N.Ireland,Britain or where ever,how is your non-e.u spouse going to get back in? apply for another Spouse Visa? (Unless he/she is from a Visa Waiver country)

Platinum
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Location: London-ish, UK

Post by Platinum » Fri May 04, 2007 12:22 pm

Have you considered becoming briefly resident in the UK as a couple? It does not need to be for long - I think a day or two should do. A couple can very easy to get UK residency as long as one is an EU citizen and the other person is not in Ireland illegally.

I believe that having been resident in the UK would then cover the Irish EU1 requirement.
Would this work, though? I mean, it would be great if we could just go up to Belfast for the weekend and claim UK residency on the EU1. However, I'm comparing it to the Surinder Singh requirements for the UK. For that ruling, it requires that the EU citizen be "exercising their EU treaty rights" by living and working/studying/whatever in another EU country for at least six months.

I realize the Irish law simply says "residency", not "exercising treaty rights", but we've all had experience of the law saying one thing and the Irish Department of Justice saying another. Are the Irish going to pull something out of their mule and say, for instance, that proof of residency requires a UK residency card, or an equivalent "settlement" passport stamp?

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 04, 2007 12:43 pm

archigabe wrote:If you guys are going to move to N.Ireland,Britain or where ever,how is your non-e.u spouse going to get back in? apply for another Spouse Visa? (Unless he/she is from a Visa Waiver country)
Note that “movingâ€

Sahil
Junior Member
Posts: 74
Joined: Mon Apr 23, 2007 12:54 pm

Post by Sahil » Fri May 04, 2007 2:08 pm

Hi Directive/2004/38/EC ... as you said here that residence in another EU State doesn't need to be so long Tow nights and one full day should do. I just want to ask you that as i was in Austria for a week when i married to Eu Citizen and i have the hotel bills.

will it be the solution of my EU1 application?

PS: i traveled to Austria on Visit Visa.

waiting for your response...

Thanks

Sahil

dsab85
Member
Posts: 224
Joined: Tue Oct 24, 2006 10:44 am

Post by dsab85 » Fri May 04, 2007 2:19 pm

The "being resident in another country for a day or two" doesn't work.

According to the EU Treaty Department the only evidence accepted is a residence Card from that country or Household Bills in combination with a lease agreement.

Now you just have to figure out where they issue the residence card the quickest. The fatest residence card I know of is the czech republic, where it takes about 4 to 6 weeks.

The problem with all this is that you will have to go to another country, and then most likely lodge a new EU 1 application, which in turn will again take around 6 months.

But the question is... Is Ireland really this great of a country to make it all worth it in the end? I love it here, but I am not sure all the stress I am having since last August is worth it....
Last edited by dsab85 on Fri May 04, 2007 2:34 pm, edited 1 time in total.

Birdy
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Location: In Plymouth Eating Indian Food

Post by Birdy » Fri May 04, 2007 2:23 pm

Thanks for that info Dsab it comfirms what i thought.
Happy now in the U.K. not so happy about the Rugby

Sahil
Junior Member
Posts: 74
Joined: Mon Apr 23, 2007 12:54 pm

Post by Sahil » Fri May 04, 2007 2:28 pm

Thanks dsab85.....

i have sent email and registred letter to:

Commission/Sub-Commission Team (1503 Procedure)
Treaties & Commission Branch
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland


and

European Commission

and

Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland

taking their attention on the current Disaster....... i will update you when i will hear anything from any of them.

Sahil

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 04, 2007 3:01 pm

dsab85 wrote:The "being resident in another country for a day or two" doesn't work.

According to the EU Treaty Department the only evidence accepted is a residence Card from that country or Household Bills in combination with a lease agreement.
With all due respect to them, but it is not for the Department of Justice to decide if you have been resident enough in another member state. If you are in the UK for a day or two, then you have been resident there according to EU law (and the corresponding UK law). The Irish government does not have much latitude to pick and choose, in all honesty.

Do you have any direct quotes from them or links to web site in which say that the only evidence they accept is a residence Card from that country or Household Bills in combination with a lease agreement? I suspect they would not have the guts to publish something like that.

If you have been resident in the UK for a few days I would definitely include that in your EU1 application, and write an letter which says that according to EU law and UK law you were resident in the UK a period of time.

Plaasjapie
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Posts: 124
Joined: Thu Oct 12, 2006 8:53 pm

Post by Plaasjapie » Sat May 05, 2007 11:59 am

0000

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