IRL - Anyone got decission on EU1 residence application?

zen63 · Post by **zen63** » Wed Nov 29, 2006 5:16 pm

Ask for 'Terry' or 'Lorna' they seem the most helpful.

Their boss is Orla Kelly, I have spoken to her also, she passed the instruction onto 'Terry' apparently its his job to send the passports back to their owners.

As for me, I called, wrote, faxed, e-mailed (HAH!)

Babstar · Post by **Babstar** » Wed Nov 29, 2006 5:21 pm

zen63 · Post by **zen63** » Wed Nov 29, 2006 5:25 pm

Start calling at 10 and just keep redialling - eventually you will get in the queue (after about 30 tries) then wait the two or so hours and hope they pickup.

I was hungup on many times - even after two hours of a wait - you just need to keep trying.

Babstar · Post by **Babstar** » Wed Nov 29, 2006 5:27 pm

Wildrover · Post by **Wildrover** » Fri Dec 01, 2006 10:46 am

I just discovered this forum after waiting for my a decision on my EU form1 application for almost 6 months. Like most of you, I sent my application mid-June of 2006. Having read that decisions have been released to some people already, I've been waiting for my decision all week. But none arrived on my mailbox at the moment. I am feeling both excited and skeptical with all of these. Have been trying to ring the Immigration Office on any info on my application. But the usual problem of not getting through at this time of the day.

It is good to hear that others have received a decision this early. Somehow I feel that all my letters requesting for a decision may have backfired on me, as my husband say in jest.

Oh well... Hoping for some miracle to come soon.

zen63 · Post by **zen63** » Fri Dec 01, 2006 10:52 am

I wouldnt worry about the letters - I sent 5 or 6 of them, and 5 or 6 faxes, and called about 40 times.

I also sent one really bad tempered e-mail - but I dont think anyone there actually reads e-mails.

scrudu · Post by **scrudu** » Fri Dec 01, 2006 2:46 pm

zen63: Think you should check out the legislation that that covers the EU 1 applicaion forms. You can read it at http://www.justice.ie/80256E010039E882/ ... of2006.pdf

Validity of Residence Card
The period of validity of a residence card shall be equivalent to the envisaged period of residence in the State of the Union citizen of whom the recipient of hte card is a family member, or not less than 5 years from the date of issue of the card, whichever is the lesser period

zen63 · Post by **zen63** » Fri Dec 01, 2006 3:06 pm

Hi Scrudu,

You suspect that this is not a correct residence card? Im growing more and more confused by the day on these issues!?!?!?

The letter from the Justice Department seems to indicate that we do not have a residence card - and that one can only be issued in the event that my spouse was already resident in another EU state. It just seems to be permission to remain for another year - with a GNIB card.

Im looking into the matter more fully now.

zen63 · Post by **zen63** » Fri Dec 01, 2006 3:30 pm

Hi Scrudu,

Its seems from a conversation with the immigrant council - that the Justice department is not following through on its requirement to give 5 year residence cards. Instead it is giving a one year stamp 4 - which allows the GNIB to give you a one year residence card - with a followup 3 year card available direct from the GNIB afterwards.

Confused............I am.

zen63 · Post by **zen63** » Fri Dec 01, 2006 3:38 pm

It seems that the Justice Dept have taken the following lines from the European Communities Regulations 2006 (http://www.justice.ie/80256E010039E882/ ... of2006.pdf )

(2) These Regulations shall not apply to a family member unless the family member is lawfully resident in another Member State and is—
(a) seeking to enter the State in the company of a Union citizen in respect of whom he or she is a family member, or
(b) seeking to join a Union citizen, in respect of whom he or she is a family member, who is lawfully present in the State.

And saying that becuase my spouse resided outside of the EU at the time of our marriage and prior to our entry into the state - that she cannot avail of the provisions of the European Directive 2004/38/EC

Seems i will need to do even more reading........

kab118 · Post by **kab118** » Sun Dec 03, 2006 2:35 pm

Hello, there congratulation on your papers, i have been waiting now for exactly, 4 months and 2 weeks, still nothing, i gave up screaming and calling all together, but i have one question though, since you guys have got it for one year, do you think you will need to do same procedures when it comes to the end of the first year?
This is crazy, when i think they told us here in Dublin, that it will be for 5 years, thats a lods of bull...., they are not even sure htemselves of the informations they give out to the public......nice no!!!!

kab118 · Post by **kab118** » Sun Dec 03, 2006 2:52 pm

Hi ZEn63
Just one more things, i have requested following your advices, for my husband papers, but still i have nothing. I did get through when i did call them, one told me it will take 2 weeks for an answer, after two weeks i called again, and i did get a "super nice" lady who barked that she had 100 requests right now and when she will get through it she will send it back.......Well soon as you all know they will be close for Xmass for about 2 weeks. Am losing it, when i think i have been here for 9 years and it has come down to this for my husband, its depressing...... I admire your calm, we have been married since Nov 2005 and still havent be able to go on hooney moon......

zen63 · Post by **zen63** » Mon Dec 04, 2006 3:41 pm

Kab118 - If they do give you a ONE YEAR stamp, then they are acting incorrectly, and you have grounds to complain to various authorities to get the 5 year one issued.

The one year stamp can be renewed for a 3 YEAR stamp directly by the GNIB, you do not have to reapply to the Justice Department.

zen63 · Post by **zen63** » Mon Dec 04, 2006 3:56 pm

Update on ONE YEAR GNIB CARDS.

Last week I sent my question regarding the legality of the Department of Jusctice decision to grant my wife a one year residence card/permit to the Europa Citizens SignPost Service (1). This is a free legal advice service for EU citizens who feel that a Govenment body is not acting correctly within EU Directives.

They have confirmed that the Justice Department MUST issue a five year residence permit for the spouse of ANY EU citizen irrespective of the current Irish interpretation of EU Directive 2004/38/EC.

I have now sent a registered complaint to the head civil servant in the Immigration Policy Division of the Justice Dept, and have made a complaint via the SOLVIT (2) system about this problem.

Its been confirmed that this problem has affected a number of EU Spouses, and has been dealt with more than once by SOLVIT. I will give the Justice Department 2 weeks to issue a response or I will start further proceedings probably via the European Commission.

I'll keep you all updated! I also strongly request that anyone else in the same situation or getting messed around by the Justice Deptartment make full use of the European mechanisms for forcing Ireland to acknowledge its responsibilites, it will help others who come after us.

1) http://europa.eu.int/citizensrights/sig ... dex_en.htm
2) http://www.europa.eu.int/solvit/

Babstar · Post by **Babstar** » Mon Dec 04, 2006 6:02 pm

kab118 · Post by **kab118** » Mon Dec 04, 2006 10:12 pm

Hi Zen63,

I have to say that i am impress by all the amount of stuff you know, i have a few questions though, what did solvit answered you exactly, do you think the complaint would be look into, are solvit helping you out?.... What will be your next step?
You know i never seen this anywhere not even in Africa they are like that( grew up there), even they are better....I dont even know if someone has a 5 year stamp here. I have a friend, she is french and he is brazilian, he never did have 5 years, and he has been here long before all this changed, it used to be you go there and wait and got the card after two hours, well, evrey year they have to go through the stress of both of them getting a day of work to go the Gnib.....Incredible no!!!!!

Still every year they get only one year..............They drive me mad......My husband is so calm about it, me sometimes i just wnat to go there and tell them what i really think....

Thanks for your much appreciated help.

scrudu · Post by **scrudu** » Tue Dec 05, 2006 10:16 am

zen63: I'm glad to hear you have had this information confirmed by Solvit. I figured after reading the legislation that the Dept of Justice/GNIB were incorrectly issuing 1 year instead of 5 year stamps. My husband (indonesian) was issued a 5 year Stamp 4, but I believe this is because he is married to an Irish citizen. We were told it is a simple matter of renewal after 5 years. One down side to this is that there is no such thing as "Long Term Residency" for spouses of Irish citizens, so he will have to keep applying for Residence Permits unless he gives up his Indonesian citizenship to take up Irish citizenship after 3 years living here.

Glad to hear you are pursuing your right to the 5 year stamp!

zen63 · Post by **zen63** » Tue Dec 05, 2006 10:33 am

Babstar - I am British and the EU citizen in this marriage. I have tried the British Embasy in Dublin, but there is not a lot they can do to alter the national laws which are the problem in this instance.

Its the Irish interpretation of the EU directive which is at fault - I think the civil servants are just following the letter of the Irish law which is incorrectly and badly written (like many laws in Ireland).

Unlike many laws in Ireland - this one has been handed down by the EU so we do have a recourse via the EU bodies.

On the European forum a member is taking legal action against the French consulate to recover costs. If I were in your shoes I would follow this thread closely and consider legal action against the Justice Dept if possible - missing your honeymoon and the costs incurred are unacceptable.

http://www.immigrationboards.com/viewtopic.php?t=11664

zen63 · Post by **zen63** » Tue Dec 05, 2006 10:40 am

kab118 - I first of all asked the signpost service - this is a free legal advice center designed to help EU citizens correctly interpret their rights. They confirmed that the Dept/Justice was not correctly interpreting the EU Directive.

From there the first port of call is the SOLVIT service whose mandate is to get national bodies (embassies, dept/justice etc) to accuratly follow the EU laws.

They have already contacted the Dept/Justice on my behalf and told them to expect a registered letter (this way they must acknowledge the letter) of complaint from me. SOLVIT has indicated that there is a common problem with EU-1 treaty rights in Ireland, and that they expect to get a resolution to our specific problem over the next few weeks.

If this action fails, I will lodging a complaint with the Irish Obudsman (whose job it is to make sure Irish goverment bodies are efficient).

At the same time I will lodge a complaint with the EU Commission - which hopefully after a year will result in fines for Ireland or a successful resolution.

brownbonno · Post by **brownbonno** » Tue Dec 05, 2006 12:17 pm

Thanks on your effort to take the case further.It is evidently clear that Ireland is not adhering to the community rule.Another good example is Visa application for EU citizen spouse/family member,which is suppose to be issued with an accelerated process and transposed into Ireland national immigration regulations (2006).Yet is taking Ireland immigration a minimum of 6weeks to issue.
The system is just uncivilised and crude.
Thanks to the forum for trying to make things right.
Bonno

zen63 · Post by **zen63** » Tue Dec 05, 2006 1:10 pm

Brownbonno - am I understanding you correctly - its taking six weeks to issue a visa to an non EU spouse of an EU citizen trying to visit Ireland?

Which embassy are you applying to?

Have you tried SOLVIT?

brownbonno · Post by **brownbonno** » Tue Dec 05, 2006 2:43 pm

That is the correct information.
If you call + 353 1 6167700,their recorded message will tell you it takes 4-6 weeks from when your application arrive in Dublin office from the foreign post.

zen63 · Post by **zen63** » Tue Dec 05, 2006 2:48 pm

Which country is the EU Citizen from, and which country do you reside in brownbonno?

brownbonno · Post by **brownbonno** » Tue Dec 05, 2006 3:08 pm

The application is for my friend.
EU from Netherland
Non EC from Nigeria.

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IRL - Anyone got decission on EU1 residence application?