eu 1 - no stamp

hi!
we have applied for eu1 form with my bangladeshi husband.
i am polish living in ireland for 3 years.
curently he has no stamps in his passeport.
we couldnt produce the legal evidence of residence in another UE country so we think our application will be turend down.
What would be his status so? will he have to go back to bandladesh?

Please advise.

On what basis and when did he enter Ireland?

he nter to ireland 3.5 years ago, as a student.
this year we have been advised to do not extend his student visa, just apply with eu1 form.
so his student permit expired on 30th june.
then till 3rd august (we got married) he had stamp 3.
now he has no stamp.

Regards

While the EU1 is being processed, your husband is in Ireland legally, even if there's no stamp showing it. He can't work, and he may find it difficult to get a re-entry visa if he wants to leave Ireland and return.

If you haven't lived together as a married couple in another EU country before, your EU1 application will probably be denied. It is unclear what the DoJ are telling people to do when they deny the applications. They don't seem to be deporting people or really even asking them to leave. But their status is left in limbo, I think.

Your best bet is to hope that the DoJ won't make a decision on your application until the October court case is settled. Your best course of action is probably to see if it's possible to get another student permit for your husband, so that he's got some breathing space and you guys can then wait for a court decision.

See the bottom of this page for more information on this issue.

http://www.entemp.ie/trade/marketaccess ... solvit.htm

''EU Treaty Rights Information,Applications for a Residence Card for a non-EEA Family Member of an EU Citizen, which have been refused under Regulation 3(2) of S.I. No. 656/2006'' and section on ''What happens now if an application for a Residence Card under EU Treaty Rights has been refused according to Regulation 3(2)?''

Hi everybody,

Just one query. Does anybody knows what are the requirements of that legal evidence of residence abraod? How long you have to be there? Do you need to work, or you can just study? What documents are considered as a prouve then? Can you apply with EU1 while you are abroad???

Thanks!

rainbow2007 wrote:Does anybody knows what are the requirements of that legal evidence of residence abroad? How long you have to be there? Do you need to work, or you can just study? What documents are considered as a proof then?

I have never found anything officially written down by the Irish government about requirements for residence abroad. And I actually think this is a very good sign.

I believe that with careful planning and a clear letter you can visit as a tourist for a few days and that is enough. No working. No studying. Just a weekend away in some other member state.

Any time that an EU citizen and the non-EU family member spend together in another EU country legally is considered residence in that country. See http://eumovement.wordpress.com/2007/06 ... -question/ That includes a visit of only a few days for the purposes of tourism. I have been legally resident in at least three member states in the last year. Key is that they have to be together.

Notes:
- Has to have been traveling together. If you were traveling apart, then they can reasonably say you were not covered by the definition in Directive 2004/38/EC
- Should ideally have been since April 2006, though it is worth listing ALL previous residences in an EU country
- The UK is best to visit because technically they require all non-EU spouses to apply for the EEA family permit (which is great documentation that you were visiting on the European rules)
- It is worth having documentation of your visit, such as entry and exit stamps on the passport

You will then need to write a polite but firm letter to the Irish saying that you have been resident in an EU member state.

Hi Directice/2004/38/EC,

I can see where you are coming from, but not sure if it would work. I found this in the INIS website.

"As the provisions of Regulation 3(2) continue to have effect, persons seeking to assert their EU Treaty rights in Ireland need to satisfy the requirement in accordance with that regulation as to lawful residence in another EU Member State immediately prior to their move to Ireland."
http://www.inis.gov.ie/en/INIS/Pages/EU ... hts%20FAQs

It says specifically that the residence in the other member state must have been immiediately prior to moving to Ireland. So, for those that have pending applications I'm not sure leaving for a holiday and returning would suffice. If I remember correctly, there was a poster on here who had plans for a long weekend to Northern Ireland and was told that that was not enought to prove residence in another member state. Another issue is that with regards to the UK Family Permit, the embassy won't accept an application if the applicant cannot prove legal residence in Ireland. So, for those with expired entry stamps and pending EU1 applications, they can't make the application from within Ireland. There was a poster in this position a couple of months ago who decided to just move to the UK and his wife had to return to the US to make the application because the embassy wouldn't accept it. I'll have a look and see if I can find those threads.

The UK is best to visit because technically they require all non-EU spouses to apply for the EEA family permit

This isn't completely true. According to UKVisas, if the spouse is a non-visa national, they only need to apply if they intend on staying longer than 6 months.

"Do my family members need an EEA family permit if they are coming to visit me in the UK?
Your family members will need to get an EEA family permit if they would normally need a visa to travel to the UK or if they are coming to live with you in the UK permanently. Family members who are not visa nationals do not need an EEA family permit to visit you if their visit will last less than six months"
http://www.ukvisas.gov.uk/servlet/Front ... 8721068382

The best option would be for someone to get a residence permit for their spouse's country and apply in Ireland using the permit. It's seems possible in some countries like Sweden according to 'Erik84' to apply for a residence permit by just going there for a few days with your spouse.
In countries like France you have to stay for classes like the 'carte de sejour' classes before they actually give you the residence permit.