Confidentiality Agreement for E.U1 Settlement?

I was informed by our solicitor that the Department of Justice through it's solicitors have offered us a full 5year E.U FamStamp4, in return for our agreeing that they are not at fault and a confidentiality agreement. They also agreed only to a limited amount for our solicitors fees...this seems to be a plan to get out of paying 'damages' to us. We are refusing to accept the confidentiality clause.
The implication also seems to be that they want to backtrack on their plan to make any change to their E.U1 policy officially and are trying to settle the cases out-of-court on a case by case basis to prevent creating a 'legal precedent'.

wow: That must be incredibly galling after all you have been through in the last 2 years

What do you plan to do regarding the "agreeing they are not at fault" part? I guess you could try to play hardball and try to get the Stamp without agreeing they are at fault, or else stick to your guns and try to bring them to court to get Admission of Fault, Damages and the Stamp4EUFAM. The risk of doing so is pretty obvious.

I think they are trying to be 'clever' by making us settle for a 'no prejudice/no fault' settlement to undermine our case for damages...Plus the 'confidentiality' clause also seems very dodgy,and it's going to help absoluteley no one except themselves.Unless they agree to remove those two clauses, i don't see why we have to agree to any conditions when we have clearly been at no fault. We might try to get an admission that Irish S.I 656/2006 was unfairly applied in our case.

Wow, archigabe. Kudos to you and your partner for actually fighting this all the way through. We thought so much about it, but just didn't have the guts and patience to do it.

The DoJ must have offered this sort of settlement to so many couples who have sued them. But you're right- this settlement deal they've offered you is clearly designed to cover their asses. They'll give you, years of frustration and lost income later, what you were originally entitled to anyway, and they still want to claim that nothing's their fault??

Understandably, other couples have taken the deal. After all, it's what they initially applied for, right? And they just want to get on with their lives.

It takes incredible courage for you guys to say no and fight to the bitter end. And the DoJ really have no leg to stand on- they are clearly disobeying EU law, and they know it. Didn't they offer you guys the 2-year Stamp 4 before, as well? And now they're upping the offer? Bastards.

We were expecting a baby when we were blindsided by the refusal...so we literally had no choice but to go to court as we could not contemplate moving somewhere else and starting from scratch at that stage.
I now have a big hole in my C.V, loss of income,and we as a family have suffered considerable damage to our quality of life...I believe this the fourth time when we've been offered some kind of settlement after our case got admitted to the court system.They had first refused to entertain even a pre-litigation letter from our solicitors and we were told to be grateful that I was not being 'deported' even though I was here on a spouse visa...anyways I just wanted to expose online the sneaky faceless evil bureaucrats at the DOJ and their dodgy ways of doing business.

This is really nice news. It sounds to me that they know how weak their position is. Fantastic for all the effort I am sure you have put into this!

Have you entertained the possibility of forcing the Irish government paying compensation for your lost wages? I think this might be quite reasonable if they have misapplied EU law.

Hi Good Morning Everyone,

Interesting very interesting how the DOJ are playing dirty tricks there.

We are in the UK now and getting setelled. Applied EU-1 and EU 2.Hopefully all will be fine soon.


Its interesting how they are offering "deals" to people now.

If I was in your situation I would contact all the news papers and ask them what they can offer me for this "front page" blunder .
and then ask DOJ to double that and then you will "consider" the offer.

You have the advantage so i think you should not be afraid of playing some hardball with them.

They should have some sleepless nights too like we had.

They should be afraid infact very afraid as they are paying tax payers money for their own mistakes which they are making knowingly they have no leg to stand on.


You deserve full credit for being "the last man standing" in this fight for your right.Most of us gave up too soon for our own various reasons.


Once again i would like to thank everyone on this forum who helped us
in the past in "decoding" this mess

Thank you everyone.

Yes, I think it's ridiculous that they think they can make demands on us to sign 'confidentiality' and 'no fault' agreements when they are clearly in a weak position...Do they assume all Non E.U spouses are illiterate peasants to be scared by their attitude or are they just real idiots?
In fact, it's us who should be making demands on them!
Congratulations,Runie on your new life!

Directive/2004/38/EC wrote:Have you entertained the possibility of forcing the Irish government paying compensation for your lost wages? I think this might be quite reasonable if they have misapplied EU law.

Yes, that is part of our lawsuit, and they are trying to get around this by making us sign a 'no prejudice' agreement as a part of the settlement.

Go for it! 100% cool!

archigabe wrote:Yes, I think it's ridiculous that they think they can make demands on us to sign 'confidentiality' and 'no fault' agreements when they are clearly in a weak position...Do they assume all Non E.U spouses are illiterate peasants to be scared by their attitude or are they just real idiots?
In fact, it's us who should be making demands on them!
Congratulations,Runie on your new life!

Archigabe,

Don't forget knowledge is power.
Kudos for your heroic efforts.You are going to make them rewrite their books.Do you know how much it cost to do that ?
The EU will soon reduce funding to Ireland and the strength of the country will be tested.
Hahahaha Ireland will be in the same shoulder with any of the poorest countries of the world.

Good luck to you Archie.



Brownbono wrote :

The EU will soon reduce funding to Ireland and the strength of the country will be tested.

Its a myth that this can cause downward spiral in economic development.
There are hundereds of reasons why Irish economy may or may not falter(credit squeeze,recession in USA to bad weather).
The EU funds have played some role in Irish economy development.1973-2006.
2007-2013 will see some of the funds alocated to Ireland.
.

Hahahaha Ireland will be in the same shoulder with any of the poorest countries of the world.

Stop posting inaccuracies of the biblical proportions!!!!!!!

archigabe wrote:I was informed by our solicitor that the Department of Justice through it's solicitors have offered us a full 5year E.U FamStamp4, in return for our agreeing that they are not at fault and a confidentiality agreement. They also agreed only to a limited amount for our solicitors fees...this seems to be a plan to get out of paying 'damages' to us. We are refusing to accept the confidentiality clause.
The implication also seems to be that they want to backtrack on their plan to make any change to their E.U1 policy officially and are trying to settle the cases out-of-court on a case by case basis to prevent creating a 'legal precedent'.

Your determination is really an inspiration to us. Not just spouting cliches, it really is

microlab wrote:Good luck to you Archie.



Brownbono wrote :

The EU will soon reduce funding to Ireland and the strength of the country will be tested.

Its a myth that this can cause downward spiral in economic development.
There are hundereds of reasons why Irish economy may or may not falter(credit squeeze,recession in USA to bad weather).
The EU funds have played some role in Irish economy development.1973-2006.
2007-2013 will see some of the funds alocated to Ireland.
.

Hahahaha Ireland will be in the same shoulder with any of the poorest countries of the world.

Stop posting inaccuracies of the biblical proportions!!!!!!!

I am happy you have acknowledged the contributions of the EU funding to the Irish economy growth in the last decade.
2007-2013 ?Remember to include the expansion of the Schengen zone come 2008 when making your analysis.It will turn the table round in terms of investments,EU fund allocation,migration etc.Don't drag me into time wasting debate on this and concentrate your efforts on the topic/thread.
Cheers

Don't drag me into time wasting debate on this and concentrate your efforts on the topic/thread.

I am not draging you into anything,you kicked off first!
Just stop posting nonsense,which this quote truly is!

Hahahaha Ireland will be in the same shoulder with any of the poorest countries of the world.

Just another to echo my congrats for getting this far Archigabe. I know what a very long path it's been to get to here.

It's a real shame that the DoJ took the stance they did, and the way they are handling it now. But mostly it's a real shame the affect they've had on so many innocent peoples lives. Talk about putting you through the ringer during your first year of marriage, and through your wife's pregnancy

All the best with whatever route you chose to take now. After so long fighting it, it would be hard to take a hardline approach and keep fighting till the bitter end.

microlab wrote:

Don't drag me into time wasting debate on this and concentrate your efforts on the topic/thread.

I am not draging you into anything,you kicked off first!
Just stop posting nonsense,which this quote truly is!

Hahahaha Ireland will be in the same shoulder with any of the poorest countries of the world.

You can only rant behind your computer screen.Direct your efforts on the DoJ and stop settling for less and face the facts of life(call spade a spade and not a garden spoon).My quote is not nonsense what is nonsense is you standing on the queue each year to aacept a year resident permit for your spouse.Stop draging me into this uneducated discuss.
Cheers

scrudu wrote:All the best with whatever route you chose to take now. After so long fighting it, it would be hard to take a hardline approach and keep fighting till the bitter end.

We're a bit positive with the whole thing now as we know our case will come up for hearing early next year...our case is strong, and we've heard the judge is sympathetic. There are some really nice Irish people, inspite of the Government.

Archigabe,

well done. I am sure everything will go into your favour. I really appriciate your effords and i would like to say "A BIG THANK YOU" on behalf of all the people who are facing this issue.

Kind Regards,

Sahil

archigabe wrote:I think they are trying to be 'clever' by making us settle for a 'no prejudice/no fault' settlement to undermine our case for damages...Plus the 'confidentiality' clause also seems very dodgy,and it's going to help absoluteley no one except themselves.Unless they agree to remove those two clauses, i don't see why we have to agree to any conditions when we have clearly been at no fault. We might try to get an admission that Irish S.I 656/2006 was unfairly applied in our case.

i suggest a compromise, say that you won't go out of your way to publicize the issue but you won't be gagged in exchange for freaking permanent residency, talk to that 5 year permit so you have to ask them for their permission again when they are acting so crazy

My quote is not nonsense what is nonsense is you standing on the queue each year to aacept a year resident permit for your spouse.Stop draging me into this uneducated discuss.

Of course its whole this business with DOJ is nonsense.
No, your quote about economy is not nonsense its utter self-righteous rubbish with the touch of sarcasm.

Stop draging me into this uneducated discuss.

What on earth you are on about!!??



ENOUGH SAID!

Sorry archie about this but just couldnt leave this guy.He`s been just talking nonsense here !

It would be very tempting to accept the DOJ proposal, but think about your situation in 5 years time, you are going to be back at square one and have to renew your residence.
I would only accept a permanent residence with no limit in time and full financial compensation.
At this stage you have nothing to lose if you don't accept it, plus if you win, your case and name will be famous for giving a tough lesson to DOJ and make justice for the thousand of cases waiting for the EU1 residence.

My deepest respect,

Mendo
________
Vapir Spam

Lets be very clear. The reason they are willing to settle is that they are pretty sure they will lose in court.

If you get an EU-law Residence Card, then you will have no problems 5 years from now.

Thanks for your suggestion Mendo...I think we are entitled only for the 5 year residence permit according to the E.U Free movement regulations...I doubt they will be willing to offer anything that is not provided for in E.U regulations or Irish law...But if you have resided in Ireland for 5 years legally (excluding student visa) whether on work permit or Spousal permit, you are automatically entitled to permanent residency and naturalization.

I heard the DOJ settled a large number of cases out of court before they were supposed to go for pre-trial today.So it seems they would rather settle cases out of court than make a change in policy.Seems very unfair to others who have not gone to court.