What do after refusal

Hi Guys,

Obviously a lot of you have been rejected now on the basis that you didnt live in another EU country, I applied a couple of months ago so I guess I am in for the dreaded wait of the inevitable rejection. In the meantime, I am trying to get as many options together as possible.

I have a couple of questions - firstly, when you received your rejection letter, what did you do in terms of an appeal? Basically, how do you appeal? Did you send any more evidence (of what kind?)?

Secondly, does anyone have a plan (?!) I know we are all feeling pretty stranded but I think we need a clear, constructed route of action to follow. I am open to ideas - I know Static suggested a group legal action which we should all seriously consider. Some of us that havent yet been rejected could help fund this as we are just as likely to be denied. I am definitely of the mind set that we need to stick together and do something constructive.

Lastly, does anyone know how long you can actually stay in Ireland once you have been rejected>? Has anyone had their appeal rejected yet? If so, how long do they have before they have to leave the country?

Oh, and I would also like to add that as a person of Irish descent (most of my family are Irish, unfortunately my parents were born in the UK) I am totally disgusted at the state of immigration affairs here. I never expected to be treated like a criminal or (dare I say it) an asylum seeker just because my husband is from outside the EU. I am truly appalled. I think I can safely say this is the first time I have ever felt violated by a legal system!

First of all, send in an appeal in the form of a letter listing reasons why they should reconsider their decision.IF you didnt submit any letters or documentation regarding proof of relationship, do so now. This will buy you some time.(they conveniently lost all the boarding passes which we sent in as part of proof of relationship) the numbskulls!
2.Any legal action brought in by you/us will have the effect of slowing them down from asking you to leave.
3.Send complaints to the European commission,European Parliament,SOLVIT.
4.Create Joint Bank Accounts/Lease/rental contracts with your spouse.

That's all I can think of now,I'll write more later.

i talked to them today on the phone, I got my refusal on monday, and they told me that my wife can stay till the court define the ongoing review of similar judicial proceedings, so we can travell and stay untill this proceedings have been decided...of course they would not stamp my wife any in her passport and whenever we have to reenter the country it will be as before when we were waiting for the answer...so its in the immigration officer to deside if my wife can enter or not...it sounds cracy but thats their law....

Plans for afterward,

Put my Wife on a plane to Dublin to get her flight to the U.S. she got her flight at 1130hrs. She has an appointment at the British consulate

Im leaving on Sunday transporting all of our stuff to the UK we will set up there for the time being.

I know this is a strange way of doing things and there are "easier" ways to do it but this is our plan.

Birdy

I'm with tomasv. We are staying until we hear otherwise. As you see the refusal letter it doesn't say, "you've been denied residency, GET OUT NOW!" We're tangled up in some legal loophole at present. Our biggest difficulties are traveling outside of Ireland and dealing with Garda at airport Immigration, and seeking out employment.

I am still following through with my travel plans to Sweden and the States. We leave for Sweden next Friday. We have discussed with the HR at my husbands company about applying for a Stamp 3 for the time being. Does anyone know if I'm granted for a Stamp 3, can I change my status later on, (i.e. student visa if I get accepted to a program?)??

The Stamp 3, if approved, will at least allow us to travel in and out of Ireland, but after a year of doing nothing...I'm fearful of my mental state and the prospect of another year of nothingness...

I hope everyone else is doing well today...

We appealed the decission and also filed a complaint with th european commission. In addition to that I wrote emails to all the Justice Speakers of the different parties and regsitered letters to the old and new justice minister.

None the less we decided to leave Ireland and to relocate to the UK. This whole thing just causes us too much stress. My wife hates sitting at home, we can't properly on vacation etc. Our life is just a bit of a mess right now. We decided we need a "regular" life with the usual securities again.

I am in the lucky position that my company was happy enough to assist us with it. She already got her UK Visa (EEA Family Permit), we signed the lease i the UK and we completed the EEA2 application and have it ready to send off. My wife knows that she will be eligible to work within weeks of arriving in the UK, and that brings a smile to her face. That's the most important thing to me.

We keep our option open to return to Ireland, but only after she got her UK residence permit. At least then we won't get into the same kind of trouble, no matter what happens to the court case.

Still find it funny, and leaves a sour tates, that me marrying a non-EU person forces me to leave my "home" of almost 7 years. But it can only get better.

I don't think there's a real danger of DOJ deporting E.U spouses yet. I think this law is designed to keep people in a limbo so that they are encouraged to move out of Ireland...anyways,that's just my opinion not a fact. What happened to runie? he usually has some interesting opinions.

So I have one question, say that you are granted a work pemrmit because you are waiting for the EU1, once denied can you just continue with the work permit until the situation is sorted?

dsab - could you briefly explain how your wife acquired her eea permit - we are also looking at that route..

My wife flew back to her home country and applied for the EEA Family Permit at the British embassy.

It was quite easy. We provided them with the filled application form, our passports, the marriage certificate, Bank Statements, a confirmation from my employer that I have been working there for more then 5 years and that they support my move to the UK and some old Irish Household Bills as proof of us being a legitimate couple that has been living together for some time. We also had pictures, wedding invitation etc. available, but they didn't look at it, afaik.

She got the permit on the spot (probably die to previous visa history). Usually it takes 24 hours. It is valid for 6 months and multiple entry. When in the UK she will have to send of the EE2 application. Usually within 10 days the applicant gets the confirmation, which also confirms that the person is eligible to work.

But as some people here found out you can't do it from Ireland if you don't have a valid residency (as we all know we don't). So the applicant will have to fly to his/her home country to apply for it.

Have any of you met your local TD's after the election...what was their response like? Im trying to get an appointment to meet the TD for our area.

archigabe wrote:Have any of you met your local TD's after the election...what was their response like? Im trying to get an appointment to meet the TD for our area.

I spoke to a guy here today. As before.. all they are interested in is you contacting the papers and mentioning their names so the papers might ring them and they can get some publicity. This particular guy waffled on so much about the media that I don't even think he heard half of what I said.

Hello Flor_mz,

thanks for that. Yes, as I am german I will send the EEA1 and EEA2 application together.

I read several times now that it can cut down the processing time to as little as only 7 weeks.

Cheers,
dsab85

i dont know whats going on with my application. at this stage im more interested in hearing back from the department, no matter if its denied!!! i have made up my mind