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EU1 application- Update documents!?

Forum to discuss all things Blarney | Ireland immigration

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kay88
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EU1 application- Update documents!?

Post by kay88 » Thu Jul 14, 2011 4:48 pm

Hello all.
I am a Non EU national spouse of a EU national.
I applied for visa with EU1 in January 2011 and contacted them to hear
how my application is doing in June.
They told me they will issue the decision letter on the expiry date of
my temporary visa which is next Tuesday.
Ok, that's fine.
Yesterday, I got a call from them and told me that I need to update
the documents because the last six months while I'm waiting, the documents got out of date (!) . They are bank statements, Income Tax letter for 2010 and things like that.
And they told me I have to get every documents sent by next Tuesday.
I told them I can get most of them ready but not Income Tax letter.
I thought it was some kind of joke.
They haven't even opened my file for the last six months and they tell me that the documents has become too old.
What's more, I made an enquiry a month ago, why didn't they tell me back then??
Does this happen to everybody?? or just me ?
Is this quite a normal procedure??

knapps
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Post by knapps » Fri Jul 15, 2011 8:01 pm

sent a letter to them as this is vilolation of your rights.
contact solvit
contact immigration council of ireland etc
If the documents were old they should have informed you at the early stage of your application not after 5 and a half months.

kay88
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Post by kay88 » Fri Jul 15, 2011 10:06 pm

Thank you for your reply, Knapps.
It annoys me that it will slow the process anyway whether I do what they told me to do or file a complaint.
I would understand if my documents were old when I made an application but they were all latest documents I could get back in January.
They got out dated 'cos they did nothing for 5month and half.
Do you think it's worth making a claim?

knapps
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Post by knapps » Sat Jul 16, 2011 2:13 pm

it depends kay what you want.
It is a clear violation of your rights...They are bound to give you answer within 6 months.

They must also allow you sufficient time during this period to supply the documents they require.

Now it is all haphazard as they did not act on your application for 5 months and now all of a sudden it is orient express...

So, your choice....I would send an email to Solvit .Google it and you can find their website too..However, do send documents if they need you have.

those you dont have do write to them and give them explanation that those documents submitted with the application were all fresh.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Jul 16, 2011 9:06 pm

What they are doing is very outrageous. They can take a MAXIMUM of 6 months from the date you submit the application to issue the Residence Card.

When exactly did you send them the application?

Definitely contact Solvit no matter what. http://eumovement.wordpress.com/help-eu-solvit/

kay88
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Post by kay88 » Mon Jul 18, 2011 10:46 pm

Thanks both. They got my application on 14/01/2011.
Yes, sounds like a good idea to contact Solvit.
Thanks for your infomation.
It is outrageous what they do.
I´ll update how it goes.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Jul 19, 2011 1:32 am

Exactly when did you submit the application and exactly when did they call you asking for updated versions of the documents?

Has anything changed since you started the application, for instance is the EU citizen working in a new job?

kay88
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Post by kay88 » Sun Jul 24, 2011 2:50 pm

Sorry I had to travel in the country for a few days.
They received my application on 19/01/2011 and they gave me a temporary visa until 18/07/2011. They called me for new documents on 13/07/2011.
I came back home last night and there was a letter from INIS saying that my application was refused.
The reason was I didn't submitt Income Tax paper for 2010 on time.
How can all this be possible??
I'm going to contact Solvit ASAP.
But I have only 15 working days to appeal with EU4.
I can't get Income Tax paper by then.
I'm doomed...

kay88
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Post by kay88 » Sun Jul 24, 2011 2:55 pm

I forgot to say one thing. None of my circumstances has been changed.
That's why I was very surprised to receive a call for updated documetns.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 24, 2011 4:39 pm

kay88 wrote:I'm doomed...
In what way are you doomed? What do you really need the Residence Card for right now?

kay88
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Post by kay88 » Sun Jul 24, 2011 5:02 pm

[/quote]
In what way are you doomed? What do you really need the Residence Card for right now?[/quote]

What do you mean? I don't have a visa anymore and I can't go anywhere.
And there is no guarantee I can get the Residence card after appeal.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 24, 2011 5:21 pm

kay88 wrote:
In what way are you doomed? What do you really need the Residence Card for right now?
What do you mean? I don't have a visa anymore and I can't go anywhere.
And there is no guarantee I can get the Residence card after appeal.
So your major concern is traveling?

They are required to issue the Residence Card. They have not followed their legal obligations. You can likely sue them for compensation, and make their life very painful through appropriate complaints to the European Commission.

Be very clear: if you are the spouse of an EU citizen who is working in Ireland, then you are 100% legally resident in Ireland right now. The Residence Card is only a confirmation of the status that you already have.
Last edited by Directive/2004/38/EC on Sun Jul 24, 2011 7:25 pm, edited 1 time in total.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 24, 2011 6:13 pm

Let me just check: Is your husband working for an employer? Are you living together?
Last edited by Directive/2004/38/EC on Mon Jul 25, 2011 3:26 pm, edited 1 time in total.

kay88
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Post by kay88 » Sun Jul 24, 2011 10:31 pm

OK. So I won't get deported or anything like that.
Thank you Directive/2004/38/EC, you eased my pain.
I am non-EU national and my husband is EU national.
I'm not working rihgt now. I'm surviving off my savings.
My husband is self-employed and we live together.
I have another question, I read on the INIS website that if I'm refused again after apeal I have to make a new application.
Does that mean it start all over again from a 6month temporary visa?
Do they take my new application as if the last application never existed?
It seems strange to me.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 24, 2011 11:05 pm

kay88 wrote:So I won't get deported or anything like that.
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.

The latest post on my blog is about a case about Spain (ECJ Case C-157/03, Commission v Spain [2005]) . It is very important for you to read. http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/

I will quote a few parts of the decision for you here, but please print off and read through the blog post for yourself.
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).
28 means that the Residence Card just confirms what you already have!
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.
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.

kay88
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Post by kay88 » Mon Jul 25, 2011 12:01 pm

Thank you Directive/2004/38/EC.
I read the case and I now understand that it is my right to be here
with my spouse.
Still it's nice to get the residence card in order to travel and see my family and I will fight for that.
Thank you again for your help.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jul 25, 2011 12:16 pm

Are you working?
You want to travel!
Anything else you immediately need the Residence Card for?

kay88
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Post by kay88 » Mon Jul 25, 2011 12:44 pm

No, I don't mean that I need to travel immediately but
of course in the future I want to make a trip to visit my family because my mother has a long term illness.
Then it's nice to know soon enough if I can do that.
I'm not working at the moment but I have enough savings so
money isn't the problem.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jul 25, 2011 3:34 pm

So I think the normal process would be to appeal their refusal. I would contact the immigrant council http://www.immigrantcouncil.ie/ for their help in the appeal

I would be sure to cite ECJ Case C-157/03, Commission v Spain [2005], noting that the Residence Card must be issued as soon as possible and in no event later than 6 months after application. Also note that there is not provision for Ireland asking you to refresh your documentation on an ongoing or demand basis during the application, and in any event certainly not in a way that is so shortly before the 6 month deadline that you can not realistically meet their unusual request.

If for some reason you fail in appeal, you can just apply again for a Residence Card. In fact you could possibly even apply now while the appeal is ongoing.

Key is that the EU citizen continues to be self employed or works or is a job seeker. That is where your right to remain comes from.

Are you not working because you do not want to work?

kay88
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Post by kay88 » Wed Jul 27, 2011 2:36 pm

I contacted Immigrant Council and they gave me a loads of information.
I felt I was talking to a decent person at last.
Thank you for your tip!
Well, to answer your last question, I'm trying to become self-employed and preparing for it at the moment.
Then I'll be able to do what I've always wanted.

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