Support Group

[megmog]

I read on here somewhere (Sorry, no quote) that someone was thinking of starting a support group. I think, given the circumstances and the difficulties with the Dept of Justice, that we should. At least that way we could maintain a clear stream of information, and make sure everyone is notified (by email?) when something develops/somebody hears something.

Any ideas?

[Static]

It was me suggesting that Great idea! The only hassle is we're all in different areas...? I am in Dublin...

[Erik84]

Indeed a great idea. I'm in Dublin too.

I'll be glad to pass on what's happening in my case and hear from others.

My story so far:
Im the EU citizen and my wife is from West Africa. She came here the 7th December on a single entry D-spouse visa and got a half year multiple-entry visa (by a small miracle) the 8th December at INIS.

We applied for residence with the EU 1 form the 21 December. (It took two weeks to get all the paperwork ready.) The application was sent in with registered mail, but we never received any confirmation.

A few weeks ago our id-documents were returned. We never sent in passports as the EU1 form says that "passport/national id card" is required.

My wife has obtained a PPS number without any problems and has opened a bank account with an Irish bank.

And now we are keeping our fingers crossed to get the a positive outcome on the EU1 as soon as possible.

[Static]

You are so lucky Erik. So far so good for you I hope it all works out.

[megmog]

Erik - did your wife live in the EU before moving to Ireland?

[megmog]

I sent an enquiry to signpost, who offer free legal advice, and they responded -

As the spouse of an EU citizen, your South African husband/wife is entitled to reside with you in Ireland. This is clearly provided under Directive 2004/38 which became effective throughout the EU on 30th April last. It is irrelevant where you lived prior to taking up residence in Ireland. On arrival in Ireland, your spouse is required to apply for a residence card within three months. The residence card should issue within six months. Your spouse is entitled to take up work prior to issue of the residence card.

You may wish to confirm your situation with the Department of Justice in Ireland at www.justice.ie or by telephone at 00 353 1 616 7700.

In the event that your spouse encounters a problem in obtaining a residence card in Ireland, it is open to you to refer the matter to SOLVIT which is an EU network established to resolve problems caused by misapplication of EU law by public administrations. The website address upon which you will find further details of the SOLVIT service together with contact details for the Irish and UK SOLVIT representatives is www.ec.europa.eu/solvit/



I hope they are right!

[Erik84]

Erik - did your wife live in the EU before moving to Ireland?

No, she didnt.

[Erik84]

Erik - did your wife live in the EU before moving to Ireland?

No, she didnt.

Looking at the rest of this forum I realise there is a real risk that my wife's EU1 application will be rejected because of her not being a resident in the EU prior to moving to Ireland. I guess I'll have to follow the outcome of that famous courtcase everybody is talking about.

In the meantime I guess it could be a good idea to take some pre-emptive action. I am thinking about having my wife to apply for residence permit in my home country Sweden. I am quite sure she will be granted a residence permit, but it might take a while. (Unlike Ireland it is actually possible to predict the outcome of the Swedish migration authorities' decisions.)

So, if the EU1 is rejected my wife and I move to Sweden and there she applies again for D-spouse visa for Ireland and this time she will have resided in another EU country prior to moving to Ireland.

I can't see any catch.. Would do you guys think about the plan?

[Static]

Erik - did your wife live in the EU before moving to Ireland?

No, she didnt.

Looking at the rest of this forum I realise there is a real risk that my wife's EU1 application will be rejected because of her not being a resident in the EU prior to moving to Ireland. I guess I'll have to follow the outcome of that famous courtcase everybody is talking about.

In the meantime I guess it could be a good idea to take some pre-emptive action. I am thinking about having my wife to apply for residence permit in my home country Sweden. I am quite sure she will be granted a residence permit, but it might take a while. (Unlike Ireland it is actually possible to predict the outcome of the Swedish migration authorities' decisions.)

So, if the EU1 is rejected my wife and I move to Sweden and there she applies again for D-spouse visa for Ireland and this time she will have resided in another EU country prior to moving to Ireland.

I can't see any catch.. Would do you guys think about the plan?

I think it's insane that we don't have any clear guidelines and that we get contradictory information. Are you certain that she can apply for a D-spouse visa once she is in Sweden? My husband was born in England and I was not able to do that from England. I would've had to travel back to my country of birth before applying. I hope it works out for you here so that you don't have to worry about making plan B, C, D and E.

[efrenirvana]

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[Static]

England immigration is more tough but at least organised. There is, however, no ways that they would let you stay there without going back to your home country and getting a D-spouse visa first. I got this information from 3 different immigration solicitors in England.

[efrenirvana]

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