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In what way are you doomed? What do you really need the Residence Card for right now?kay88 wrote:I'm doomed...
So your major concern is traveling?kay88 wrote:What do you mean? I don't have a visa anymore and I can't go anywhere.In what way are you doomed? What do you really need the Residence Card for right now?
And there is no guarantee I can get the Residence card after appeal.
I am not a professional, and even a professional can not guarantee anything. But I do not see at all how they could possibly deport you. Your wife is working in Ireland and you are absolutely allowed to be there with her. I would sleep very soundly every night - you have every right to be there.kay88 wrote:So I won't get deported or anything like that.
28 means that the Residence Card just confirms what you already have!28 In that regard, the right of entry into the territory of a Member State granted to a third-country national who is the spouse of a national of a Member State derives from the family relationship alone. Therefore, issue of a residence permit to a third country national who is the spouse of a Member State national is to be regarded not as a measure giving rise to rights but as a measure by a Member State serving to prove the individual position of a national of a third country with regard to provisions of Community law (see MRAX, paragraph 74).
That Ireland constructively asks for a last minute refresh of your already submitted documentation is neither called for, allowed, nor does it relieve them of their obligation to issue the RC as soon as possible, and not later than 6 months after application.45 It must be pointed out that under Article 5(1) of Directive 64/221 the Member State must take a decision on whether to grant a residence permit as soon as possible and in any event not later than six months from the date on which the application was submitted.
47 It is of little importance in that regard that the applicant may provisionally reside in the national territory while awaiting the decision concerning the grant or refusal of the residence permit. As the Advocate General stated, in point 63 of her Opinion, the question whether the fact that the time-limit is exceeded constitutes an obstacle to taking up residence or exercising an activity is irrelevant.