EU 1 - Has anyone got a response in the last 4 weeks?

zen63 · Post by **zen63** » Thu Apr 05, 2007 11:39 am

I just got a response from SOLVIT on this issue:

The Irish SOLVIT Centre have received confirmation from the Department of Justice, Equality and Law Reform that a decision is due on the High Court case on the 27th April 2007. 

The Department of Justice, Equality and Law Reform have also informed us that, a decision was made within the Department of Justice, that all cases should be examined under the provisions of the current Irish Regulation 3(2) of S.I No. 656 of 2006, as it continues to have effect and must therefore be complied with. 

The Irish SOLVIT Centre have been informed by another client who received a letter from the Department of Justice which essentially refused residency for the applicant but also states that "Your application might be eligible for reconsideration pending the outcome of the above mentioned High Court proceedings." 

The Irish SOLVIT Centre await the decision on this court case and following the decision we will be in a better position to advise on your case.

Babsie · Post by **Babsie** » Thu Apr 05, 2007 3:15 pm

joesoap101 wrote: jack_in_the box if you are about to apply for a 7th work permit you must have breached immigration rules at some stage because most people in your position would be well on their way to obtaining Irish citizenship. The option was also open to you to apply for Long Term Residency after 5 years removing the requirement to obtain employment permits. Have you applied for LTR?

I suggest you refrain from making such assumptions. No my husband has not breached any immigration rule. It was the department of Justice itself who told him to apply for his work permit.

archigabe · Post by **archigabe** » Tue Apr 10, 2007 12:55 pm

Hello Everyone,
I recently found out about Europe Direct service for Ireland, where citizens can pose questions on the EU by phone or by e-mail. Let's use this organization to apply some pressure on E.U officials to do something about Ireland's mismanagement of the E.U Free labour movement regulations.

http://ec.europa.eu/ireland/welcome/index_en.htm
http://ec.europa.eu/ireland/your_legal_ ... dex_en.htm
http://www.ombudsman.europa.eu/home/en/default.htm
http://www.europedirect.ie/

Thanks!

joesoap101 · Post by **joesoap101** » Tue Apr 10, 2007 8:07 pm

Babsie wrote:I suggest you refrain from making such assumptions. No my husband has not breached any immigration rule. It was the department of Justice itself who told him to apply for his work permit.

So why exactly did your husband not apply for LTR or citizenship?

Babsie · Post by **Babsie** » Wed Apr 11, 2007 12:34 pm

joesoap101 - He did not apply because he was told to apply for this EU 1 visa instead, not by me or by friends or by random people but by the DOJ directly.

cartaverde · Post by **cartaverde** » Thu Apr 12, 2007 11:05 am

We filed first of August. Got paperwork back (after asking it for 3 times in advance as we would have needed to travel, never got answer) in mid February with a note saying that it is still "investigated" or "processed".

Now, as of middle of April, this is soon 9 months after filing it, and 11 months after he moved here, we still have nothing.
I expect them to delay it as long as they can, to them come as 'negative' as we didn't live in another EU country before together, .. at which point my embassy will get quite involved.
This is just really frustrating ..

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Thu Apr 12, 2007 11:29 am

cartaverde wrote: Now, as of middle of April, this is soon 9 months after filing it, and 11 months after he moved here, we still have nothing.
I expect them to delay it as long as they can, to them come as 'negative' as we didn't live in another EU country before together, .. at which point my embassy will get quite involved.
This is just really frustrating ..

It is a great idea to get your embassy involved!

If the Irish government has taken more than 6 months, I would also immediately approach the EUâ€™s Solvit (http://europa.eu.int/solvit/) to try to get things moving.

Plaasjapie · Post by **Plaasjapie** » Fri Apr 20, 2007 10:58 am

cartaverde · Post by **cartaverde** » Mon Apr 23, 2007 10:52 am

The embassy said they can't and won't do anything, "they can't interfere with how another EU state does their business".
So no update on that .. I'll complain as in the other thread suggested, still the situation isn't fun. I can't move to my spouse's country either, and I can't even visit him ... stuck in a country where if I put my language skills in my resume, all I get is cheap call center job offers, so I'm just applying for everything not in Ireland at the moment. I've had enough...

Plaasjapie · Post by **Plaasjapie** » Mon Apr 23, 2007 1:47 pm

Static · Post by **Static** » Mon Apr 23, 2007 2:15 pm

Plaasjapie.. ja die bliksems hou nie op tot die land op die grond is nie. Thanks so much for the info. I'll wait until after Friday. The Northern Ireland thing is not an option as my hubby was born in the UK so I'd have to go back to SA for a D Spouse Visa first if I wanted to do that and Home Affairs there is in a shocking state so who knows how long I'd have to wait. Will try to sort it from here first. Love this place!

Sahil · Post by **Sahil** » Mon Apr 23, 2007 2:37 pm

Welcome to the club

Hi Guys.... i am in the same boat as you are...... i 'm non EU living in ireland since 5 years on a student visa. i have got married with an EU citizen from Austria..... we have got married in Austria in June'06. Then my wife moved with me to Ireland. My student visa was about to expire at the end of june'06 so we went to GNIB to get a stamp of Change of Status/Marriage to an EU. Frist of all nobody gave us right information ... anyways finanlly we got to know that we have to apply threw ( So called) DOJ.. and the process will take 4 - 6 months ....... and it was written on the EU1 form that decision will take no longer than 6 months ... ok ..fair enough.... i applied in july'06........ then we had sent them may be 20 registered letters and faxes in Sept to get our passports back .... with a luck (Thank God) we got our passports back in Oct'06...... unfortunatly my Grand mother died in Jan'07........ and i had to go back to my home country. i did then apply a Spouse visa threw Irish embassy in my country ....... they took 1 and a half month and gave me a D-Spouse Visa for three months ..... after came here in ireland i went to GNIB to register but they only gave me a stamp for 3 months on D-Spouse visa and said that you should wait a letter form DOJ.

Now the panic Begin here..... after 9 months if waiting i got a register letter from DOJ... i though that was the end of my waiting but it wasn;t

when i opened the letter .... what i saw that they refused to give a Residance in ireland...... with a stupid reason that "i haven;t lived any EU state prior to came in ireland... and there is similar case is going on High Court ......... My Application may be reconsider after the decesion" !!

Could anyone Please tell me what should i do now? How long the court case will take ? What if the Decision won;t be in our favour?

Any help would be much appriciated !!

Plaasjapie · Post by **Plaasjapie** » Mon Apr 23, 2007 4:09 pm

Static · Post by **Static** » Mon Apr 23, 2007 4:13 pm

Plaasjapie: DHL? Maar dan kan my Ma dit mos reel of hoe? Dink jy di's moontlik om dit te kry sonder om terug te gaan? Skies ek pla jou maar ek is bietjie paniekbevange oor die ding en wil reeds plan B, C en D aan die gang kry ingeval Vrydag se dinge nie in ons guns is nie? Is julle in Dublin?

Plaasjapie · Post by **Plaasjapie** » Mon Apr 23, 2007 4:27 pm

Static · Post by **Static** » Mon Apr 23, 2007 4:32 pm

You're a STAR! Ek ook.. haak vreeslik vas met die Afrikaans

Plaasjapie · Post by **Plaasjapie** » Mon Apr 23, 2007 4:34 pm

dsab85 · Post by **dsab85** » Mon Apr 23, 2007 5:36 pm

Hello Sahil,

the Judgement in the pending High Court Case is scheduled for this friday. If they agree with the Justice Departments Interpretation, then we will have to start worrying. But until then we cannot really do anything.

My wife got the same letter about 3 weeks back. The one thing I would def. recommend to do is to send in an appeal asap (via registered Mail) outlining why you think the decission is not justified. I appealed on the basis of 4 different flaws in their logic.

At least that way they can not claim at a later stage that you stayed maybe illegally in Ireland.

Lets all hope the best for friday.

Cheers,
dsab

Sahil wrote:Welcome to the club

Hi Guys.... i am in the same boat as you are...... i 'm non EU living in ireland since 5 years on a student visa. i have got married with an EU citizen from Austria..... we have got married in Austria in June'06. Then my wife moved with me to Ireland. My student visa was about to expire at the end of june'06 so we went to GNIB to get a stamp of Change of Status/Marriage to an EU. Frist of all nobody gave us right information ... anyways finanlly we got to know that we have to apply threw ( So called) DOJ.. and the process will take 4 - 6 months ....... and it was written on the EU1 form that decision will take no longer than 6 months ... ok ..fair enough.... i applied in july'06........ then we had sent them may be 20 registered letters and faxes in Sept to get our passports back .... with a luck (Thank God) we got our passports back in Oct'06...... unfortunatly my Grand mother died in Jan'07........ and i had to go back to my home country. i did then apply a Spouse visa threw Irish embassy in my country ....... they took 1 and a half month and gave me a D-Spouse Visa for three months ..... after came here in ireland i went to GNIB to register but they only gave me a stamp for 3 months on D-Spouse visa and said that you should wait a letter form DOJ.

Now the panic Begin here..... after 9 months if waiting i got a register letter from DOJ... i though that was the end of my waiting but it wasn;t
when i opened the letter .... what i saw that they refused to give a Residance in ireland...... with a stupid reason that "i haven;t lived any EU state prior to came in ireland... and there is similar case is going on High Court ......... My Application may be reconsider after the decesion" !!

Could anyone Please tell me what should i do now? How long the court case will take ? What if the Decision won;t be in our favour?

Any help would be much appriciated !!

bigjon · Post by **bigjon** » Tue Apr 24, 2007 8:08 am

well firstly my sympathy to everyone else waiting for the outcome of the EU1 case. I am in my 9th month of anxiety over this situation. The ironic thing to me is that there are 50,000 illegal Irish immigrants back home in the US demanding residence rights, and they close to making an agreement with them according to the news reports. The question I have is has anyone recently tried to get an updated stamp on thier passport? my passport technically shows i am an overstayed visitor. The attempts i made to have it updated before at the GNIB, they told me i did not need to, since I was waiting for the EU1. The problem is now, to apply to return home with my wife, or to apply for the UK visa for my self, they want proof of my status here as being legal. Thanks

Birdy · Post by **Birdy** » Tue Apr 24, 2007 4:28 pm

FaÃlte go Eireann

Dawie · Post by **Dawie** » Wed Apr 25, 2007 10:39 am

Static wrote:Plaasjapie.. ja die bliksems hou nie op tot die land op die grond is nie. Thanks so much for the info. I'll wait until after Friday. The Northern Ireland thing is not an option as my hubby was born in the UK so I'd have to go back to SA for a D Spouse Visa first if I wanted to do that and Home Affairs there is in a shocking state so who knows how long I'd have to wait. Will try to sort it from here first. Love this place!

Static, just curious as to why you think South African Home Affairs has anything to do with the issuing of a UK visa?

Static · Post by **Static** » Wed Apr 25, 2007 10:41 am

Dawie wrote:
Static wrote:Plaasjapie.. ja die bliksems hou nie op tot die land op die grond is nie. Thanks so much for the info. I'll wait until after Friday. The Northern Ireland thing is not an option as my hubby was born in the UK so I'd have to go back to SA for a D Spouse Visa first if I wanted to do that and Home Affairs there is in a shocking state so who knows how long I'd have to wait. Will try to sort it from here first. Love this place!
Static, just curious as to why you think South African Home Affairs has anything to do with the issuing of a UK visa?

Dawie, I was being daft. Didn't word it correctly.. should be Home Affairs is in a shocking state so can't imagine anything else going smoothly.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Wed Apr 25, 2007 1:50 pm

Static wrote:The Northern Ireland thing is not an option as my hubby was born in the UK so I'd have to go back to SA for a D Spouse Visa first if I wanted to do that and Home Affairs there is in a shocking state so who knows how long I'd have to wait. Will try to sort it from here first. Love this place!

If your husband is a UK citizen working in Ireland, then you can 100% move to the UK with him. His return to the UK, if he should decide to do so, is covered by EU law, identically as if he decided to move to France.

I actually think there is no harm applying for the UKâ€™s â€œEEA family permitâ€

Static · Post by **Static** » Wed Apr 25, 2007 1:57 pm

Hi.. that sounds wonderful but.. I would still need a spouse Visa. I don't see how not??

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Wed Apr 25, 2007 3:05 pm

Static wrote:Hi.. that sounds wonderful but.. I would still need a spouse Visa. I don't see how not??

I am not sure which spouse visa you are referring to.

You would need one of the UK issued â€œEEA family permitâ€

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EU 1 - Has anyone got a response in the last 4 weeks?

Let's apply some pressure!

up to date stamps? anyone?