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Asylum process and EU1 application at same time.

Forum to discuss all things Blarney | Ireland immigration

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Ali20
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Somalia

Asylum process and EU1 application at same time.

Post by Ali20 » Wed Mar 11, 2020 7:09 pm

Hi

I hope you’re all doing well.

Almost a year in Ireland i was in asylum process and was granted permission to work, now my wife and my children (EU nationals) are relocated in Ireland and working , I decided to make an application to EU treaty Rights because we’re officially married for 5 years.

5 weeks after i made an application I didn’t received any acknowledgment latter I emailed to them to confirm if they received my application which they did confirmed via email but still waiting an acknowledge latter .

I want ask you, the temporary Stam 4 , is it like the normal GNBI card ( Residency Permit ) , is it allowing me to do Driving license ( Leaners and Full driving license test) No asylum seeker allowed to drive in Ireland

I already have Temporary ID from Dep Justice & work permission, will they allow me on this temporary EUFAM Stamp 4 before they made decision?

Anyone has similar or experience

Thank you

Granista
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American Samoa

Re: Asylum process and EU1 application at same time.

Post by Granista » Wed Mar 18, 2020 4:09 pm

You applied for asylum in Ireland when you had an EU wife and children living in another EU country? EUTR are going to be doing a lot of digging before they give you any permissions.

Ali20
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Posts: 7
Joined: Wed Mar 11, 2020 6:17 pm
Somalia

Re: Asylum process and EU1 application at same time.

Post by Ali20 » Thu Apr 09, 2020 8:12 pm

Granista, thanks for you reply, have you experienced before any similar?

Granista
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Re: Asylum process and EU1 application at same time.

Post by Granista » Fri May 29, 2020 8:46 am

You won't get approved as an asylum seeker as you had a wife and children in another EU state and therefoe never had any need for asylum in Ireland.
You won't get approved as EUFam because the fact that you chose to apply as an asylum seeker shows you are not in a genuine and subsisting relationship with your wife.

Bad move.

AndrewJay24
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Ireland

Re: Asylum process and EU1 application at same time.

Post by AndrewJay24 » Mon Jun 01, 2020 2:11 am

Granista wrote:
Fri May 29, 2020 8:46 am
You won't get approved as an asylum seeker as you had a wife and children in another EU state and therefoe never had any need for asylum in Ireland.
You won't get approved as EUFam because the fact that you chose to apply as an asylum seeker shows you are not in a genuine and subsisting relationship with your wife.

Bad move.
The above is not accurate whatsoever. You cannot speak in such categorical terms like that (i.e., "Won't" get approved as an asylum seeker). You do not know the nature of his claim, and his reasons for claiming asylum could have arisen after he left his country of origin or country of former habitual residence (he could easily have a refugee claim sur place).

You equally cannot say he "won't" get approved as "EUFam" because he chose to apply for asylum. A number of persons, particularly from Pakistan for instance, are granted EU Fam Permission when their EU (normally UK) national family members take up residence in the State but *after* he applied for asylum.

A person who applies for International Protection is entitled to withdraw their application under the International Protection Act 2015, and it can lawfully and reasonably be done if an alternative method of staying in the State arises, such as the taking up of residence in the State by his EU national wife/family therefore giving rise to his making an EU Treaty Rights Application.

The EU Treaty Rights Investigations Unit will for sure look into his application(s) for EUTR permission, but as long as he fulfills the requirements of the European Communities (Free Movement of Persons) Regulations 2015, and there is no proven M.O.C or abuse of rights, then he will be issued with a residence card, all other things being equal.

Applying for International Protection does not show he doesn't have a genuine and subsisting relationship with his wife. He very well could explain to the EU Treaty Rights Unit that he was ill advised, for example. There are many reasons why people apply for XYZ (including reading inaccurate responses like yours to genuine queries)

Ali20
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Re: Asylum process and EU1 application at same time.

Post by Ali20 » Tue Jun 02, 2020 2:31 pm

AndrewJay24

Thank you for wonderful response 💯

Granista
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Re: Asylum process and EU1 application at same time.

Post by Granista » Tue Jun 02, 2020 9:06 pm

Don't be so naive.

lucidj
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Ireland

Re: Asylum process and EU1 application at same time.

Post by lucidj » Tue Jun 16, 2020 10:59 pm

You think you know a lot don't you Granista? Discouraging people is no nice. I am an ex asylum seeker and I got a stamp 4 based on my marriage with an Irish national even though our relationship had already started when I applied for asylum.

Granista
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Re: Asylum process and EU1 application at same time.

Post by Granista » Mon Jun 29, 2020 10:55 am

So? Thats not the same thing.

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