Stats of EU members in Ireland with non EEA spouse.

megmog · Post by **megmog** » Tue Jul 10, 2007 12:19 pm

egg... could you ping me a pm with the details of your lawyer...

Platinum, do you think if we all contact solvit they will help us all get a stamp 4?

or do you think we will get it anyway..

stmani · Post by **stmani** » Tue Jul 10, 2007 1:01 pm

EVERBODY!!!!!!!!!!! i have a good news.....

I spoke to solvit crowed, they saying DoJ are in process of changing decision letters following the court rulling........and will issue new letters shortly!!!!!!

looks like everybody will get a positive letter this time!!

CloggieVodka · Post by **CloggieVodka** » Tue Jul 10, 2007 1:15 pm

stmani wrote:EVERBODY!!!!!!!!!!! i have a good news.....

I spoke to solvit crowed, they saying DoJ are in process of changing decision letters following the court rulling........and will issue new letters shortly!!!!!!

looks like everybody will get a positive letter this time!!

Hi stmani, many thanks for that... did they indicate as to when these letters will be sent? or on what basis they are making these changes? any more info that you may have would be of interest.

-thanks

runie80 · Post by **runie80** » Tue Jul 10, 2007 1:19 pm

stmani wrote:EVERBODY!!!!!!!!!!! i have a good news.....

I spoke to solvit crowed, they saying DoJ are in process of changing decision letters following the court rulling........and will issue new letters shortly!!!!!!

looks like everybody will get a positive letter this time!!

So the Flood gates has opened now !

I wonder why all this pain then ? why mentally torture people ?

I hope this just ends here.

I really do !

megmog · Post by **megmog** » Tue Jul 10, 2007 2:20 pm

oh my god... can anyone get more info???

megmog · Post by **megmog** » Tue Jul 10, 2007 2:40 pm

ok i just spoke to solvit... not as good as we thought after all...

basically, last week the DoJ told solvit they would be issuing stamp 4's to people on our situation.. they are now saying that not everyone will get one.

Solvit are hopefully speaking to the DoJ again today and are trying to find out what the criteria will be for getting a stamp 4, who will get one etc.

they said they will email me once they know.

soooooo frustrating.

a glimmer of hope i suppose... or just another load of c**p designed to keep us quiet for a while?

runie80 · Post by **runie80** » Tue Jul 10, 2007 2:52 pm

I hope the "residence in another EU country" is abolished !

As it shouldnt be there in first place anyway

limey · Post by **limey** » Tue Jul 10, 2007 3:39 pm

Runie: I agree, its totally out of order that Irish citizens can take advantage of moving to other EU/EEA countires with non-EEA spouses.

But when it comes to others moving to Ireland how can they justify implementing the Family Permit rules differently? It's completely out of order!

It sound like a step in the right direction anyway!

Plaasjapie · Post by **Plaasjapie** » Tue Jul 10, 2007 5:29 pm

archigabe · Post by **archigabe** » Tue Jul 10, 2007 9:24 pm

Hi Plaasjape, as far as my understanding of European law goes,you would have to exhaust your option of redress at national level and then go through the process of high court,supreme court, and then the European Court of Justice. I remember reading about it when the papers were discussing the case of the woman wanting to use the frozen embryos made with her ex husband.

Plaasjapie · Post by **Plaasjapie** » Wed Jul 11, 2007 7:14 am

checo · Post by **checo** » Wed Jul 11, 2007 10:04 am

Hi all, I have just got reply from European Commission:

Directorate-General Justice, Freedom and Security is at the moment finishing a draft letter of formal notice. Should the draft be approved internally and then by the Commissioners, then an infringement procedure against Ireland would be started. We have waited outcome of the unfortunate High Court case of June 2007 and afterwards we started drafting a letter addressing all identified problems of Irish transposition (30+ problems). The letter has today 25 pages and I expect to add another 15 pages. This is no little deal.

runie80 · Post by **runie80** » Wed Jul 11, 2007 10:13 am

checo

Looks promising if thats correct

but when will this be published ? and how long the Ireland and other countries who are in breach will be given to implement corrective procedure

Its a million dollar question.

There needs to be a time limit on implementation open ended commitment means nothing

Plaasjapie · Post by **Plaasjapie** » Wed Jul 11, 2007 12:31 pm

archigabe · Post by **archigabe** » Wed Jul 11, 2007 3:37 pm

Try to Contact

Siobhan Duffy, Eurojus Consultant with the European Commission Representation in Ireland :

Address: European Commission Representation, 18 Dawson Street, Dublin 2.

E-Mail: siobhan.duffy@ec.europa.eu
Telephone: 01 634 1111 Tuesday&wednesday - 9.00 am - 5.00 pm for advice or to make an appointment.
Fax: 01 634 1112

She is the legal representative for the European Commission in Ireland.

checo · Post by **checo** » Wed Jul 11, 2007 6:58 pm

Plaasjapie,

It was department C.3 Citizenship and fundamental rights, Directorate-General Justice, Freedom and Security. You can see the department on the scheme here: http://ec.europa.eu/dgs/justice_home/or ... mme_en.pdf
The department's web address is: http://ec.europa.eu/comm/justice_home/index_en.htm

runie80 · Post by **runie80** » Thu Jul 12, 2007 11:05 am

Just called the DOJ

and they are processing application from January and Feburary
To be corrected if i am wrong
she said there are NO gurantees

And when i mentioned that my visa will be expired by the time you will consider my application she mentioned me to renew my stay in ireland
i.e student visa

I told her that i dont intend to study any further at present as i feel qualified enough.

She had no answer for me

"all i can say is that you have to renew your leave to remain in the country till your application has been processed and success is no gurantee"

i also told her that i have been bounced back forward and backward for no reason .

For her I was "Just another Caller"

Anyone else here who had the privileged to speak to DOJ ?

If so whats the latest ?

runie80 · Post by **runie80** » Fri Jul 13, 2007 11:06 am

checo wrote:Hi all, I have just got reply from European Commission:

Directorate-General Justice, Freedom and Security is at the moment finishing a draft letter of formal notice. Should the draft be approved internally and then by the Commissioners, then an infringement procedure against Ireland would be started. We have waited outcome of the unfortunate High Court case of June 2007 and afterwards we started drafting a letter addressing all identified problems of Irish transposition (30+ problems). The letter has today 25 pages and I expect to add another 15 pages. This is no little deal.

Anyone got any news regarding this ? Has that letter been issued to the DOJ

whats the latest ?

I hope checo you are following this and will bring some positive news soon.

tomasmv · Post by **tomasmv** » Fri Jul 13, 2007 12:30 pm

Guys....
We have just recieved a letter from INIS, telling us that we cannot get the Residence Card, as they told us before, but they approved permission to remain in the state fro my wife, under Stamp 4 conditions for the next two years......
I cant belive it.......! hope this starts going out for you all.....
I will be able to sleep well tonight for first time on a long time....
Best Regards

runie80 · Post by **runie80** » Fri Jul 13, 2007 12:46 pm

Your details
EU-Country of worker: Italia
Non-EEA country of spouse: Argentina
Date of application for residence card for spouse: November 2006
Approved, Denied, or Pending (if approved/denied, supply date): Denied, 18 june 2007

Did they stated any reason ? why was it refused ?
Also did they gave you right for appeal ?

What was your status in country when you applied and whats your status in the country when you are denied ?

Sorry to hear the bad news ! I just hope we have alternatives if the worst feard happens

tomasmv · Post by **tomasmv** » Fri Jul 13, 2007 1:17 pm

yea mi details:
EU-Country of worker: Italia
Non-EEA country of spouse: Argentina
Date of application for residence card for spouse: November 2006
Approved, Denied, or Pending (if approved/denied, supply date): Denied, 18 june 2007
When we got back the residence not grantes, in June 2007, the reasons were the same that for almost all of us here, never lived before in another EU country....
When we applied for the residence my wife was with her turist visa, after the application been done, they told us that there was no need to extend the turist visa untill we get the answer.
When we got the answer, residence denied, it saied that our application may be eligible for reconsideration pending the outcome of judicial Review proceedings relating to a similar decision in the High Court....so I asume we were able to stay untill the judge decide, but really no one told us anything about that.....thats why I was very concerned......
Last week I contacted the Irish embassy in Argentina where we were living before comming here and they told me to send a letter asking for the "Stamp 4", I also contacted "SOLVIT" again about this, and they told me they were going to see what they were able to do...
Today I received the letter GRANTING permission to remain in the state for the next two years with a "Stamp 4".
I am very happy, for me they are GREAT NEWS!

microlab · Post by **microlab** » Fri Jul 13, 2007 8:04 pm

Stamp 4 conditions for the next two years......

Thats what the Irish had been doing for years.
No more slagging ...right!!!
They have a certain way of doing things in this country,you just have to learn and live with it,even thought I`d prefer and many of you that this immigration system is transparent.
I know someones wife that was given 2 and half years residence.
Why,one might ask?!Her passport was to expire in 2 years and 8 months!
Free for all-fittest survive.

Confuzzled · Post by **Confuzzled** » Mon Jul 16, 2007 12:46 pm

Croiky....

I was googling for good news

OK .... Here is my story.. its hellishy twisted so pay careful attention

Under my dad, our family is in the process of immigrating to Canada. This is a very lengthly process, its been about 34/5 months... we are finally nearing the end and should be in Canada end this year...

Currently in South Africa

Here's the catch.... I found someone I intend to spend the rest of my life with... Now, he is in the process of getting his German passport, got the whole ancestry thing working in his favour....

BUT... this does not allow him to work in Canada, he can only come there as a "holiday" ... and even if we were married, it takes up to a year for Spouse sponsoring to be completed... in all this time he can not work...

Sooo.... the plan is to head over to Ireland begining of next year, where he will be able to work, and I, as his spouse will also, on his EU passport... If we don't like the Irish, we can do the Canadian sponsoring thing....

And then I read this thread....

Sooo.... um, how does this all work? Do I have to wait for them to deny me a resident permit and then give me the stamp 4 thingy before I can work?

Yes I'm confused

EDIT: Oh yeah, I know Im allowed to enter Ireland on my SA passport, am i allowed to stay there while all this processing nonsense is going on? Wonder if having permanent residence status in Canada helps any...

limey · Post by **limey** » Mon Jul 16, 2007 1:38 pm

Confuzzled: If you only intend staying in an EU country for a short while then Ireland may not be the easiest EU country to choose. Read this and other posts on this forum and u will see why.

One alternative would be to try Northern Ireland and apply via the UK.

archigabe · Post by **archigabe** » Mon Jul 16, 2007 1:43 pm

It seems like you would be better off heading to Britain to apply for a E.U residency.Irish immigration is in a chaotic mess, and they are trying to get their way out of the mess by issuing only temporary 2 year stamp4 instead of the 5 year residency permit. If you do apply, you can stay without any problems while the application is being processed.

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Stats of EU members in Ireland with non EEA spouse.