Some questions aboue EU Treaty application

[Evo14]

Hi all
Im in situation, need sone advice please
I made Eu treaty application 2 months ago, based in marriage with an EU and 6 years relationship history and 7 months old irish child.
I got letter from Inis asking for more information about our relationship and a valid Passport as mine expired after i sent the application.
The problem is i can't get new password from embassy unless i have legal residency in state ( stupid law by our government).
What should i say to Inis and what to roughly expect from them to say!

If anyone was in similar situation please share your experience.

Many thanks

[Lj0123]

Hi

Is this letter the first correspondence they have sent to you since the application? Or did the already send an acknowledgment letter and then this letter?

LJ

[Evo14]

This is the first letter i got from them, stating tgat my application has been accepted fir consideration and they gave me 30 days to provide them with extra information and a valid Passport.

[Granista]

7 month old Irish child? So you have been how long in the State without legal permission? I'm guessing your spouse must be a UK national.

You can't move forward with an EU fam application without a valid passport, end of story. You can't get a passport without legal residency, which you do not have ( a good rule that more countries should enforce). So, you'll have to return to your home country to get a passport.

[Obie]

Hi all
Im in situation, need sone advice please
I made Eu treaty application 2 months ago, based in marriage with an EU and 6 years relationship history and 7 months old irish child.
I got letter from Inis asking for more information about our relationship and a valid Passport as mine expired after i sent the application.
The problem is i can't get new password from embassy unless i have legal residency in state ( stupid law by our government).
What should i say to Inis and what to roughly expect from them to say!

If anyone was in similar situation please share your experience.

Many thanks

You need to argue with the embassy that you are not illegally in the state.
As a matter of law, you are actually lawfully residing in the state, if you undertook a lawful marriage and in a genuine relationship.
You may wish to explain the position to the department, but going back, when as a matter of law you appear to be lawfully residing in the state, seems a bit disproportionate to me.

You just need to get your lawyer or whoever is representing you, to point the legal position to the embassy.

[Granista]

I'm afraid Obie is yet again wrong. OP has clearly been in State far longer than the 90 days and hasn't applied for residency, hence does not have legal residency in the State. You are only allowed 90 days to apply for residency and register, and after that you have no legal status, no matter that your spouse does (who technically should also register but that is not inforced).

Embassy know this, which is why they won't provide passport. OP knows this, as they say in their post they don't have proof of legal residency (as they are not legally resident) And without the passport, no application and no temporary permission. OP is illegally living in the State.

[Obie]

90 days is initial right of Residence.

Under Article 7 of Directive 2004/38EC, she has extended right of residence if her spouse is working, or Self Employed or a Student.

The minister must confirm a right of residence by means of issuance of a Residence card, if the spouse is exercising treaty rights.

Metock has made that position clear. I do not need your endorsement for something the Irish government has accepted, as a result of which the minister amended the 2006 Regulations in 2008.

I really suggest you read EU law principles. It makes no sense, and it is embarrassing accusing me of being wrong, without any regards to those principles.

As way back as Royes and later in MRAX, the court has made clear that a Residence permit does not confer rights. It simply confirms the rights of a person in relation to EU law, as opposed to granting of right.

[Granista]

Yes, 90 days is the initial right of residence. After that, you MUST REGISTER and apply for residency.

This could not be simpler. If OP has been here longer than 90 days and has not got a temp permission stamp and a pending residency app, she's not legal. Metock isn't remotely relevant here, we are talking basic immigration rules.

[Obie]

The regulations requires people to apply for the confirmation, which this person has done. However the regulations or EU law does not say that a person right to stay is dependent on an application being made for a residence card.

The residence card application is an administrative formalities, which a person could be fined for not complying with, but the right to stay does not derive from the Residence card, which is designed to confirm the existence of a Right that is already in place.

That is the difference between the right of a Qualifying family member and Permitted family member.

If you are correct, then there is no difference between a permitted family member who needs to apply in order to receive a right from the minister and a Qualifying family member, who does not.

[Evo14]

Right guys, thanks all for your replies.

I have no clue about law, im in Ireland for nearly 10 years now, i did apply for asylum few years ago which is still in appeal process. Im in genuine relationship for 6 years and got married in Ireland, my partner is Eu national.

The embassy requires a document from Immigration stating that i have been given permission to stay in Ireland so they can issue me new passport.

Inis requested more information about my relationship with my partner, i find it a bit strange as we did interview prior to our marriage and they made sure very well that our marriage is genuine.

Regarding Inis, i have no other option but to submit the requested documents to them without a Passport which i will explain to them the situation.

Not sure if the application will be refused because no valid Passport! They gave me 30 days to submit the paperwork.

[Obie]

See paragraph 25.

Paragraph 25 & 26 of Desci judgement makes clear your legal position.

[Granista]

Please do not listen to Obie. He does not understand how any of this works. He keeps insisting to posters that having a mariage cert with an EU national is enough for everything. One wonders why the various EUTR divisions are so busy then, given Obie thinks noone needs them!!

There is one question here, and one only: Do you have a current residency permission in the State?

It sounds very much like you do not. If you did have, you would easily be able to produce proof of it for your Embassy, and get a passport. Since you cannot do so, you can't get a passport. And if you don't have a passport you CANNOT apply for EU spouse residency.

End of story.

[Obie]

For goodness sake, address the legal points not me.

I do not come here and make assertions, all my points are backed up will evidence or legal foundation.

It is so insulting, having you attacking me as opposed to positing legal argument to rebot my views.

You are essentially trolling and you must desist from this.

[griffith]

7 month old Irish child? So you have been how long in the State without legal permission? I'm guessing your spouse must be a UK national.

You can't move forward with an EU fam application without a valid passport, end of story. You can't get a passport without legal residency, which you do not have ( a good rule that more countries should enforce). So, you'll have to return to your home country to get a passport.

To get a new passport how this person can travel back home without a valid ID or passport?
To get a temporary permission dont you think a covering letter explaining the circumstances will suffice ?
Dont you think a valid passport will only be required at GNIB burgh quay where the immigration officer is placed to implement the order of the minister ??

Any valid reference of what you just wrote here ?

Are you here to give an advice on how to work out a solution or to only criticise and disrespect others?

[Evo14]

Hi all

Have some questions, please if anyone know any answer to them,

- made application for EU treaty, got letter from them requesting more information and documents to be sent within 30 days, if they receive them after 30 days will it be a problem?

- they requested valid passport of the applicant as its expired, new passport will arrive after 30 days period they gave is?

- proof of address with both names which we don't have, have Gas bill with names separately but same address !!

I appreciate any answer. Thank you all

[Zerubbabel]

Hello

Do you have 2 gas supplies at home?

Usually when they give you X days to respond, the risk is that they drop your application if they don't get what they need within that time frame.

I always recommend to people to be fully ready with docs in hand before applying. There is no point lodging an immigration application if you are not ready to produce a valid passport on request.

What type of application are you making? Is it under the EU Settlement Scheme? EEA FM? EEA EFM?

[DanaMarie]

What type of application are you making? Is it under the EU Settlement Scheme? EEA FM? EEA EFM?

I think those are UK routes you mentioned. He's applied in Ireland so should be Stamp 4 EUFAM.

[arz1986]

i think @Obie, is correct, you need to write letter to department and explain your situation or try to explain your position to your embassy. I think you r technical legal here now. soon or later, you need passport to get stamp.

[arz1986]

request for temporary stamp permission can work for you. if graanted, take GNIB card letter to the embassy, then they hv to issue new passport based to GNIB letter.

[Evo14]

Submitted the requested documents without passport, i explained to them that new passport will arrive next week, so fingers crossed.

Many thanks for replies

[Evo14]

Hello

Do you have 2 gas supplies at home?

Usually when they give you X days to respond, the risk is that they drop your application if they don't get what they need within that time frame.

I always recommend to people to be fully ready with docs in hand before applying. There is no point lodging an immigration application if you are not ready to produce a valid passport on request.

What type of application are you making? Is it under the EU Settlement Scheme? EEA FM? EEA EFM?

One gas supplier but we requested to put both our names on bill but they get it wrong every time, so some bills are my name only and some my wife's name only but same address obviously.