Stamp 4 and Stsmp4eufam

Hi,

It seems to be a bit unfair that when an Irish person wants to get residence stamp for their non eu spouse they are only entitled to get a stamp 4 stamp but if this was a non irish eu person then the spouse can get a stamp4eu allowing they for visa free travel in the euro region accompanied by thier eu spouse

Does anyone know more details on this , is there any options available for an Irish person with non eu wife to be able to travel visa free within the euro region.

Warm Regards
Bobu

Nope, no other option. Unless they apply on the eu1 form on the basis they have a residency cad from another eu state before settling in Ireland. Pretty quick to apply to for a schegen from within Ireland, plus the re entry visa only take 2 weeks tops. Also the process of getting just the stamp 4 is pretty quick. It's a joke though in all fairness, reverse discrimination. No spontaneous weekends away - got to be planned at least a month ahead. But life's unfair, i guess.

Unfortunately that’s the current regulation for Irish citizens and their non EU spouses in Ireland.

I have discussed this topic with friends in your same situation and definitely is something you can raise with the EU as a complaint, it will take time but you will get a response or at least some sort of acknowledgment from the EU that the Stamp 4 is putting you and your wife at disadvantage compared to other EU citizens and their spouses living in Ireland.

Please find below the EU website, feel free to call them as well.

https://europa.eu/european-union/law_en

Thanks guys, appreciate your responses.

Everyone sees that as reverse discrimination, but this is not how the situation arose.

Lets put it this way, in the beginning no one had automatic!! rights to just simply bring in non eu family members to a European country....than the EU started to fight for the freedom of movement right, and than later they expanded this right from the eu person to their non-eu family members too - it has many reasons: how can u truly exercise ur moving rights without your family, the whole population of EU is shrinking.

It is very important to see that the EU fought for those rights ONLY when you are moving to another EU country, where you are not a citizen of that country. The ECJ over 20 years strongly defended this view, and eventually every EEA country had to write the freedom of movement directive in their own national legislation.

So as an Irish citizen you have the right too, to move to another EU country with your non-eu spouse, and than the country HAS to give you an article 10 card, spending 3 months in that country with your non-eu family member on that article 10 card will give you the right to return to your own country, using the the now extended freedom of movement directive (which is now incorporated as national law). With this route you can actually get an article 10 card to your spouse.

Aslo, dont forget that if you are lets say a German citizen, you cannot use eu treaty rights in Germany, so its not against Irish people, but the EU is fighting strong for the freedom of movement rights, while at the same time te EU cant and dont want to force countries to give more immigration rights to their own citizens.

max307 wrote: ↑

Mon Jun 25, 2018 8:09 pm

Unfortunately that’s the current regulation for Irish citizens and their non EU spouses in Ireland.

I have discussed this topic with friends in your same situation and definitely is something you can raise with the EU as a complaint, it will take time but you will get a response or at least some sort of acknowledgment from the EU that the Stamp 4 is putting you and your wife at disadvantage compared to other EU citizens and their spouses living in Ireland.

Please find below the EU website, feel free to call them as well.

https://europa.eu/european-union/law_en

It is good thinking, but i highly doubt that it will ever happen.

The most what u can get out the story is what Hungary did, for ex. They actually extended the freedom of movement rights to their own citizens, i know , im Hungarian, and i brought my non-eu wife to Hungary, we went trough the process. The requirement for us was the same as its written in the freedom of movement directive, BUT she still did not get an article 10 card, only a local one, which is good in the Schengen area.

If the country will be able to just simply extend FULLY the freedom of mov. rights their own citizen, it would mean a highly uncontrolled immigration, and loads of sham marriages, and the other countries could complain that some countries are making the decision who can come in the EU.

The EU is fighting for the freedom of movement in general, that is where your rights are coming from, the part where u actually move to another EU country is extremely important step for them, as it actually goes towards realising their vision, a united Europe.
You cannot expect them to give you article 10 card just sitting in your own country, u HAVE to move and live in another one.

I am all for EU fighting for the right to free movement but the logic here has just gone for a toss, when you live in a house with four roommates and four rooms, it is akin to saying Hey you can bring an outsider to your room but they cannot go to any of the other three rooms, unless may be if they swap rooms with another person, Long live European unity

Thanks for the inputs @jul1, appreciate your insights!

I do not have personally dealt with the EU for any issues but a close friend and his same sex non EU spouse back in 2016 lodged a complaint because when applying for a holiday visa to a Schengen area country, the embassy asked them to pay the fee because that country doesn’t recognize same sex marriages. Usually when applying for a visa for your non EU spouse the fee is always waived as per EU law.

It took them 2 years but they just heard back now from the EU citing the new ruling for gay rights in the EU (see below) and the embassy will need to issue a refund. The non EU spouse is now an Irish citizen and it’s not about the money paid but at least it worked for them so my advise for @bobu2kadu is to get in touch with the EU and see what they can do in this case.

https://www.reuters.com/article/us-eu-c ... SKCN1J11LI