EU1 Review Process

Hi All

just a quick question. My EU1 application was refused on 06/01/16 reason given by department was that they phoned the employer and Eu Spouse wasn't employed with the previous employer(She changed her job just 5 days before the refusal).
Next step was that I had to fill in the review form so I filled that in
and sent her payslips , Tax credit Certificate and Letter from the new employer with a letter explaining that she was still employed when the application for residency was refused and due to the festive season we couldn't notify them of the job change.
I sent them about two weeks ago and still no answer. Can anyone please shed some light on how long does it take to reply and if they do how much are the chances of overturning the refusal. I don't have any visa at the moment . please help
thanks
Ali

can anyone answer my query please ?

HI

Review will take full 6 months again, but they will grant you stay but you have to make sure EU must be working, self employed, student etc they will verify again before granting you 5 year residence card.

Hi Malik

have you been through the review process too? Should I send them an email and ask them about a temporary stamp. yeah the EU citizen is working. do I need to send paper work again or they will use the old details on file to decide my application thanks very much
Ali

The problem Aligo , you failed to do anything about the officers refusal to issue the first temporary stamp 4.

The department may well take the view that it make no sense to renew something that you did not previously have.

As I said before, if you allow the department to get away with small things, they will most certainly get away with bigger things.

The court in Ireland has indeed ruled that a person's temporary stamp 4 must continue during the review process. But as they have never issued you a stamp 4 and you never took any reasonable steps to deal with that failing, they may well not bother to send another one, although you could try .

Thanks Obie

the inis visa office didn't issue a stamp on my passport so Does this nullify the letter the department of justice issued to me plus they never issued any further communication to me regarding my application at that time so I just let it at that time.
can you please give me some guidance of what to do next
thanks
ali

You need to deal with the underlying issue, which is the Garda National Immigration Bureau, unlawfully failed to give effect to the direction of the Minister of Justice , equality and law reform.

The Court Ruled in relation to review, that the person's stamp 4 rights is to continue until the review process is completed.

got a reply from department the other day.Here is what they say
It is stated on the Form EU4 that you and the EU citizen are residing in Dublin but she is employed in Co Monaghan.
you are now required to submit a written clarification in respect of your spouse as follow
1 What mode of transport and what route she takes to travel to Co Monaghan in order to work there
2 Days of the week
3 Times of the day.


This is what they want
she works there Friday Saturday and sunday and gets a lift from her boss on Friday from Dublin and comes back on sunday night with her boss to Dublin


i have a letter from her employer confirming this.

will this be sufficient for them or do I need to do anything more ?

any help will be greatly appreciated

thanks
ali

aligo wrote:got a reply from department the other day.Here is what they say
It is stated on the Form EU4 that you and the EU citizen are residing in Dublin but she is employed in Co Monaghan.
you are now required to submit a written clarification in respect of your spouse as follow
1 What mode of transport and what route she takes to travel to Co Monaghan in order to work there
2 Days of the week
3 Times of the day.


This is what they want
she works there Friday Saturday and sunday and gets a lift from her boss on Friday from Dublin and comes back on sunday night with her boss to Dublin


i have a letter from her employer confirming this.

will this be sufficient for them or do I need to do anything more ?

any help will be greatly appreciated

thanks
ali

Unbelievable, I just cant believe this all is happening to you, I mean whats the problem if she lives in Dublin and works in co Monaghan , Monaghan is also in the republic of ireland, Many of us are doing the same , living far from Dublin and working in Dublin , I think its none of their concern, I think you should contact a legal representative who will deal with the department in their lingo.

thanks Griffith

me too I cannot believe it myself. I have provided them with everything.

they can confirm this information with the employer but

They have only given me 4 days to reply to their request so I don't have any time left for appointing a legal rep.
if they ask for anything else then will see.
i asked them to send me a temporary stamp 4 while application is in review but nothing with the letter so hopefully they will decide it quickly

thanks
ali

Did you submit original supporting documents or photocopy of supporting documents?

hi masterboy

i submitted the original documents. I have sent a clarification letter today so lets see what they say next

Aligo,
Just to let you know that i was in GNIB Dublin today for 5 years visa extension on the basis of my marriage to an EU Citizen, the person who gave me the ticket said that alongwith your marriage cert and passports you would also need your joint proof of address. I took the ticket at 9:45 am and i was seen by an immigration officer at 4:15 pm, the registration was super quick no questions whatsoever and i hardly sat in the cabin for like 2 minutes and that was it, finally i got my 5 years GNIB stamp 4eufam card. The immigration officer was very cooperative. After long wait i got myself registered with the GNIB Dublin.
I just want to wish you good luck for your case.

While sitting there i noticed that one couple came to register their temporary stamp 4 and the immigration officer sent them back to bring their joint proof of address, they brought the proofs in half an hour and then again they were sent back to bring the EU citizen's employment letter and payslips , they brought them after an hour but then the officer told them that bring all those outstanding documents which are requested by the EU treaty rights, they came back again with all those documents but then they were told to come back again on monday morning, her husband got mad and started screaming and shouting and left the imigration office leaving her wife in the cabin alone.

This is my today's experience of GNIB Dublin .

Hi Griffith

very glad to hear you got your visa finally.
I am really hoping this process has a happy ending. I have submitted all they wanted and now hope for their positive reply. They are maybe asking for too many things from me because I am from Pakistan.
in law they are bound to issue me my residence card . this is my right but I don't know why i have to fight for it so hard.

I will update you of my outcome

But you have a lot of right that they have taken already , without you taking any action.

As I had advised you before, in my experience with the department, it is clear that if you allow them to get away with smaller things, they will seek to get away with bigger ones.

The refusal to issue a temporary stamp 4 was clearly unlawful under national law and EU law, but they nevertheless they got away with it, because you appeared to have let them.

Obie wrote:But you have a lot of right that they have taken already , without you taking any action.

As I had advised you before, in my experience with the department, it is clear that if you allow them to get away with smaller things, they will seek to get away with bigger ones.

The refusal to issue a temporary stamp 4 was clearly unlawful under national law and EU law, but they nevertheless they got away with it, because you appeared to have let them.

Obie ii understand what you mean there but does it make any sense that they are asking his spouse's mode of transportation from dublin to monaghan , just because she works in monaghan and lives in Dublin they are trying to make a big deal out of it, it is obvious that its none of their concern, many of us are living in dublin and working far away from Dublin.
As in the case of GNIB Dublin, those people are ridiculous, i have seen infront of my eyes yesterday the way they were treating a newly married couple was disgusting and Yes the couple were arguing that why do you want to see all the outstanding documents requested by the eu treaty rights, but it was looking like they were not in a mood to register them.

Hi Obie

I know that they refused to issue me my temporary stamp 4 and denied my rights but being in the state as a new comer and not knowing much about your rights it still does not give them the right to question every thing. I did not go to the INIS to register just blindly but I had a letter issued by the department of justice asking me to go there and register.
I have provided them with payslips, employer letter , contracts, tax credit certificate from Revenue so why are they wanting me to write a clarification letter.

they can phone the employer and check with them this information. Why are they hanging me in the state with no visa. I seriously don't understand this as Griffith said they are not in a mood to register.

thanks
Ali

Hi, im in the same situation fail to provide remaning documents as my wife fly fo her home country but she is back now and looking for a job my 6 month stamp is going to be finish in few days so guys could u pls advice me what i do in this situation any advice would be very appreciated thankz

catcher you need to let the department know if she is not employed. it is better to inform them before the decision is taken on your case

Thanks for reply well will do tommorow but what else i need to do to show them that she is looking for a job and could i register her in fas and she will start to do some part time courses?

hi catcher if she is registered with Fas office as a jobseeker then you need to send the proofs before they make a decision on your case . as you know everything takes time so by the time you get proof of these your decision will be already taken. hope all goes well for you

Hi aligo well im.goingbto write department that she is going to join course very soon and she is looking for a job at the same at the same time .lets see what they gonna reply hoping for best.but do u know if ur case is refused than what action do u take?

Hi all

yet another letter from the department regarding my applications. It says

"Thank you for providing the clarification letter from (Employer's name) providing your spouse work pattern.
It is noted that the phone number .......... is also the phone number in respect of another similar premises . I would be grateful if you can provide clarification as this apparent discrepancy."

Now I am sure and as checked the number more than 5 times with the employer that it their own number and they have phone bills coming to them every month for the same number.

I seriously do not know what they are looking for. I am tired of this now. I know I will send the copies of the bills and a clarification letter but then what. they might be looking for something else.

why not phone the employer and clarify with them before issuing me a letter

what should I do now. Any suggestions please

thanks
ali

aligo wrote:Hi all

yet another letter from the department regarding my applications. It says

"Thank you for providing the clarification letter from (Employer's name) providing your spouse work pattern.
It is noted that the phone number .......... is also the phone number in respect of another similar premises . I would be grateful if you can provide clarification as this apparent discrepancy."

Now I am sure and as checked the number more than 5 times with the employer that it their own number and they have phone bills coming to them every month for the same number.

I seriously do not know what they are looking for. I am tired of this now. I know I will send the copies of the bills and a clarification letter but then what. they might be looking for something else.

why not phone the employer and clarify with them before issuing me a letter

what should I do now. Any suggestions please

thanks
ali

Consulting with a lawyer would be a wise decision. If your spouse is still employed than that basically means that she is still exercising her treaty rights and they must issue you a five years approval letter.

In my case the department of Justice issued 5 years approval letter without contacting the employer (Yes no Job verification, no e-mail, no phone-call).

You should have done something when the garda station rejected to register your temporary stamp 4, you should have contacted a legal representative straight away. Now i am sure they know that you hadn't done anything that time and you would not do anything now.

If i were you i might have contacted Solvit.

I received a call from INIS today. My manager was not in the office so by the time i got to his phone it hung up. I rang back on the missed call from a different number confirming that I have just missed a call. The person on the phone asked me my details which she realized that I am the sponsor she is speaking to and not the manager which I confirmed to her. She asked me what I do here with this employer and where is the office. That's all she said and asked.
I am bit shaky as I called back from switchboard of my main office number which was showing in the caller ID was not the number I gave as the managers number which she asked me and I informed her that I am using switchboard/voip service. She asked about managers name and I told her.
At the end she informed me that she is working on my EU1 application and that I will hear from her if she needs any further information.
Does it look good or is there anything to worry as she could not speak to manager or employer.
Please advise if this is a good sign if INIS is calling and how long does it take after this sort of call for them to take a decision. My non EEA parents temporary stamp has already expired few days ago.