Stamp 4's - new info - please read!

greengrass wrote: your friend might try this:
http://www.entemp.ie/labour/workpermits/marriedtoeu.htm
.........

Thanks greengrass for your positive words. I agree with you, if you don't have any letter from DoJ, or DETE, do not go to GNIB! GNIB is just the bottom line and they just do what their boss (DoJ, or DETE) tells them by the letter. I have realized that yesterday And if you don't go to GNIB, you don't have to face the rude, unpolite people who know nothing...

"I agree with you, if you don't have any letter from DoJ, or DETE, do not go to GNIB!"

Can you explain me what do you mean with this? Do we need a special letter?

The only thing that we have is the letter that our application is registred, nothing more. We want to go to the GNIB on Monday to ask for the 1 year work permit, but we are a little bit confused what do we have to take with us exactly.

When there is a special letter from DoJ or DETE, how can we get this. Or is it only a webpage, that we have to printout (when yes, what is the adress?).

Thank you for your help.

Can you explain me what do you mean with this? Do we need a special letter?

You need refusal or approval letter from DOJ .

i am still waiting for a reply or decision on my eu 1 appication do i still qualify for a stamp 4?

Obviously some did not read, so copy&paste in bold may clarify things.

What happens now if an application for a Residence Card under EU Treaty Rights has been refused according to Regulation 3(2)?
If the applicant was legally resident in the Irish State at the time of the application and had one of the following Stamps in their passport:

Stamp 1– Issued to non-EEA nationals in possession of a work permit and to persons granted permission to engage in business in the State
Stamp 2 – Issued to full-time students
Stamp 3– Issued to visitors, tourists, spouses of work permit holders, persons receiving medical treatment and retired persons – employment is prohibited to holders of this Stamp
Stamp 4– Issued to spouses and dependents of EEA nationals, spouses of Irish nationals/parents of Irish citizens who have been granted permission to remain in the State on that basis, persons granted refugee status under the terms of the 1951 Geneva Convention, former asylum seekers granted humanitarian leave to remain and Programme refugees. Holders of this Stamp do not require a work permit or business permission. This Stamp is also issued to holders of Work Authorisations or Working Visas
Stamp 5– Issued to persons who have dual citizenship through; birth in Ireland; parent(s) born in Ireland; grandparent(s) born in Ireland (Foreign Births Register Certificate required from Department of Foreign Affairs; naturalization or post nuptial citizenship
Stamp 6– Issued to non-EEA nationals who have resided in the State for at least 8 years. It is issued based on the individual merits of each application;

the applicant can return to the local Immigration Registration Office to enquire about a renewal, or regularization, of permission to remain in the State.

Hi,

I think everybody is very confused here. I don't want to say that I know everything (of course, I don't), but from our experience I assume this:

-If you go to GNIB with EU1 refusal letter from DoJ, they give you NOTHING (from our experience 2 day ago)
-If you go to GNIB with EU1 approval letter from DoJ, they give you the Residence Card (not from our personal experience)
-If you go to GNIB with letter approving the Work Permit from DETE, they will give you the work permit (not from our personal experience)

So, as you said, you are going to GNIB on Mon with your refusal letter? My wife went there on Fri with her refusal letter and they told her that her stamp is expired and that she is illegal here, they were very rude and shouting to her! (Btw. her stamp is expired, because she was waiting for EU1 decision) She showed the print from website of DETE, proving that she is allowed to get Stamp to her passport, while her EU1 application was refused and that she was legaly in Ireland when she applied for EU1 - they said they know nothing about it! Then she spoke to the manager there in GNIB and he said he knows nothing about it neither...

That's what happened after she was waiting there for 5 hours, they called her illegal, even she is not ilegal, because Kumar's case has been appealed to the Supreme Court and it takes at least 2 years more before the case has the first hearing (yes, so is the Irish court system, slow and inefficient). So that means that she should wait for 2 years more without any stamp in her passport, afraid to travel out/in to the country, as you never know what can happen then, if she wants to re-enter?

And about the spousal Work Permit from DETE - it is for one year and non-renewable - I am wondering what will you do when they don't renew it after a year? Because you will be still waiting for EU1 by then... Is that another trick to get rid of our Non-EEA spouses?

For example Non-EEA spouses of Non-EEA workers here in Ireland can renew their working visa as many years as their spouses are still in Ireland with them. Why spouses of EEA workers cannot, why they discriminate them? What is this injustice about?

well i want to ask you how I can recibe the letter from DETE for the work permit for one year, is there any application form that i have to fill in ? because i couldn't find anyone...

We are really confused. We are talking from 2 different informations,isn't it? First the "stamp 4" for people who get a refusal for the EU1 form (what at the moment still not work - as it seems), second the 12 month work permit. So the one you SHOULD only receive after your application is refused and the other you can get also when your application is still on pending. Do we understand this correct?

yes, it's really a mess with the immigration. It seems that couples outside from Europe have more rights than couplels where one part is from the EU. Something is going really wrong in this country.

But still, we hope that this situation is only based on a lack of information in the DoJ and that they are giving a temporary solution soon until the case is solved.

Oak

the applicant can return to the local Immigration Registration Office to enquire about a renewal, or regularization, of permission to remain in the State.

You can ask for it, moan and groan but I doubt anyone will get anything.
Shambles.

megmog wrote:Hi everyone,So i just got an email from Solvit.. they have recieved new information from DoJ..This means, from what I can gather from Solvit (just clarified) that anyone who applied for EU1 who was legal in Ireland at the time (tourist visa etc.) and who has been rejected/is going to be rejected because of the regulation " previous residence in another EU member state" can go to their local immigration office (usually local garda station where they have immigration officer) and can apply for regularisation... eg. Stamp 4.I will post more info when i get it.Oh, and apparently the DoJ has informed local immigration officers of this change!

Megmog,
If you don't mind, can you please copy and paste the text of the email you received from SOLVIT, omitting the personal details?
Thanks!

no prob - first email (in response to mine requesting info)

we have just received some information on this from the D/Justice and I am going to post the information on the SOLVIT section of our website - http://www.entemp.ie/trade/marketaccess ... solvit.htm - in about an hour. The D/Justice say that they will get around to contacting people when they have cleared the backlog of EU Treaty Rights applications. I'm sorry that they are taking so long but there is nothing we can do to speed them up!

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second email response (as I didnt really understand the whole post on solvit's website) -

From what I understand, if you had one of the Stamps mentioned then you and your husband go to your local immigration office and ask to be regularised, which I assume means getting a two-year Stamp 4 permission. The D/Justice say that the Immigration offices have been informed about the process.

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then I sent them -

Surprise, surprise... my local immigration officer has no idea what I am talking about and has definitely not been contacted by them.

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their response -

thanks for that, I will relay the information back to D/Justice.

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I was able to get through on the phone line to DOJ just now, and the lady said they cannot do anything till the court case comes up in October.

which court case??

Thanks for the info, archigabe.

@Megmog .. there are few more similar cases as kumar's which are going to be in High Court in Oct (this info i got from Immigartion council but according to SOLVIT, D/Justice are in the process of giving stamp 4 for 2 years to those who are affected with the refusal decision). i have no clue which information is true.

kind regards,

Sahil

hi guys
i come to ireland from bangladesh as a student in april 2002. i got 1 year visa till april 2003. due to money shortage i couldnt renew my student visa after 2oo3. i was working illegaly in a restaurant . few months later i meet my girlfriend from czech republic. we got married in march 2006 and we have a baby girl now age 8 months. after the marriage we applyed for residency permit and last month i got refused couse i didnt have residency in eu country. i just want to know how can i get eu residency? ireland is the only country im living for last 5 years since i left my country. plese guys help me with the situation i have . i guess im not the only person affected by the irish immigration. we are thinkin moving to bangladesh and re apply from there and then again we afraid if they refuse there as well . plz some1 help

I don't think you need to move to Bangladesh.Some people here have moved to the UK on the EEA spouse visa after being refused residency here.IT's a fairly straightforward process and you can start working in the UK as soon as you arrive in the UK.Apply for the EEA spouse visa in the UK as soon as you can.You can even move to Northern Ireland with the same visa.
Take Care!
Read this thread.
http://www.immigrationboards.com/viewtopic.php?t=17265

http://www.immigrationboards.com/viewto ... &view=next

thnx for your reply. im little bit confuse there moving to uk. how will i get uk visa to move there couse im illegal here. will the uk ambassy would isssue me a uk visa? as im illegal here . just bit confused.

Maybe the UK embassy will accept your expired Student visa.
Try posting your question in the UK forum of this website as well.

http://www.immigrationboards.com/viewforum.php?f=3

http://www.ukvisas.gov.uk/servlet/UKVis ... on=Ireland

has anyone tried to contact Solvit today for clarification on their info on their website? ( http://www.entemp.ie/trade/marketaccess ... solvit.htm ) Nobody is picking up the phone there...

Any confirmation that any Immigration Officer is up-to-date with this information. If not, then there is no use to go to an Immigration Officer since they are not listening to us (EU-citizens with non-EU spouse).

yes i spoke with them today -

"we got on to the D/Justice on a number of occasions last week to tell them that the message was not getting out to the Immigration Offices, the D/Justice assured us that the relevant people know about the new provisions! There is not really an awful lot more we can do as it is up to D/Justice to get their act together and ensure that when they initiate a new policy that all personnel concerned are familiar with it.

We still don't know on what basis the D/Justice will issue Stamp 4 permission to people who have been turned down for residency cards but we will keep pushing them..."

megmog wrote:yes i spoke with them today -

"we got on to the D/Justice on a number of occasions last week to tell them that the message was not getting out to the Immigration Offices, the D/Justice assured us that the relevant people know about the new provisions! There is not really an awful lot more we can do as it is up to D/Justice to get their act together and ensure that when they initiate a new policy that all personnel concerned are familiar with it.

We still don't know on what basis the D/Justice will issue Stamp 4 permission to people who have been turned down for residency cards but we will keep pushing them..."

Thank you. I don't know if I can believe them (Solvit). They just can't help us since the DoJ doesn't listen to them. Stamp 4... it's no prove of Residency, right? At least it's something. Now it's only the 3 month stamp that they give... You still need a re-entry visa and a entry visa to another EU country, right? The Irish Immigration Officer should just give some sort of Registration in the State... not telling us to wait for answers of DoJ and then come back. They could have seen that the non-EU spouse is not from a EU country since the non-EU spouse had a D-type of entry visa issued by an Irish Consulate in a non-EU country if they have made a mistake, they should apologize instead of sending us away! Why would you have a D-type of visa when you come from another EU country, you can just have a C visa in that case.