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I don't see how you can use EU law in this case. The Re-entry visa is granted under Irish Law, and usually they look for your Residency Stamp to issue you the Re-entry visa. They ask for your GNIB card as this will show the Residency Stamp. So I imagine you will be refused a re-entry visa. Has anyone in this situation (i.e. visa status pending while awaiting outcome of EU1 application) actually received a Re-entry visa? Surely they would be refused?archigabe wote: One of the requirements for the re-entry visas is for a GNIB registration number and we can try pointing out that they are not supposed to ask for that according to the E.U directives or even that the Irish S.I 656 does not mention it.The only thing the Irish S.I 656 requires is that you enter from a European country and since you are going to be returning from your spouse's country, the condition is satisfied.
NOTE: Before a re-entry visa can be issued, you must be registered with the Garda National Immigration Bureau (GNIB).
So without a Residency Stamp (non tourist, i.e. longer than 3 months invalidity), you should not be issued a GNIB Card. And without the GNIB card you wouldn't get a Re-entry visa. I think as Erik said, it was a miracle his wife got it. Definitely worth a shot, but I imagine that most likely the non-EU spouse would be turned away.Legally resident non-EEA nationals who have entered the State with the intention of residing in Ireland for a period of more than three months must register with their local immigration registration officer. An immigration certificate of registration is a document that is issued to a non-EEA national who registers with his/her local immigration registration officer. The credit-card sized document is issued by the Garda National Immigration Bureau and includes the personâ€™s photo, residency details and date of expiry.
'1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who
are not nationals of a Member State leave to enter their terri-tory with a valid passport.No entry visa or equivalent formality may be imposed on Union citizens.
2.Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt. such family members from the visa requirement.Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence
I sincerely hope you are not referring to me with that statement!brownbonno wrote: It is a shame that the Irish government and her supporters are flawing the EU directives.
Yeah, I am in contact with our T.D...I even sent him a photocopy of the Irish times article of this situation. It's been 2months since we talked to him and they said not to expect anything to be done in August since most of the officials in the govt. are on holidays during this time.Dimy77 wrote:Did anybody try to contact their local Fianna FÃ¡il councillor and make them aware of this situation? I was adviced to do this by my manager, he's married to a non-EU national himself and was able to speed up his application process considerably.
The minister of Justice is Fianna FÃ¡il so doesn't it make more sense to contact them?scrudu wrote:Try Jim O'Keefe, Spokesperson on Justice for Fine Gael. Jim's email address is firstname.lastname@example.org. His office number in Leinster House is 01-618 3196.
Or you can try the Fine Gael Press Office on 01-618 3379, contact person is SinÃ©ad Fennell - email@example.com. He has done work on behalf of migrants in the past and is aware of many of the issues facing immigrants and visas with the DoJ.