Eu3 Refusal

[euspouse07]

Dear All, I Had applied for Permanent residence card under the Eu Directive( Form Eu3).Application was refused on basis of regulation 12 (subject to regulation 13) which states that non eu spouse must reside with union citizen in the state.We have resided together for almost four year after marriage and were living together even before that but unfortunately due to some martial problem ; Eu citizen moved to her aunt,s house.We are neither legally separated nor divorced and still on amicable terms.Can some one advise me that what options i have left now.Eu citizen in currently residing in state and exercising her rights as well.

[EUsmileWEallsmile]

Dear All, I Had applied for Permanent residence card under the Eu Directive( Form Eu3).Application was refused on basis of regulation 12 (subject to regulation 13) which states that non eu spouse must reside with union citizen in the state.We have resided together for almost four year after marriage and were living together even before that but unfortunately due to some martial problem ; Eu citizen moved to her aunt,s house.We are neither legally separated nor divorced and still on amicable terms.Can some one advise me that what options i have left now.Eu citizen in currently residing in state and exercising her rights as well.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

See page 16, footnote 63

Community law does not require third country family spouses to live with the EU citizen to qualify for a right of residence – case 267/83 Diatta (para 15 et seq.)

[iluvireland]

how did they know your wife wasnt here ?

[euspouse07]

Dear All, I Had applied for Permanent residence card under the Eu Directive( Form Eu3).Application was refused on basis of regulation 12 (subject to regulation 13) which states that non eu spouse must reside with union citizen in the state.We have resided together for almost four year after marriage and were living together even before that but unfortunately due to some martial problem ; Eu citizen moved to her aunt,s house.We are neither legally separated nor divorced and still on amicable terms.Can some one advise me that what options i have left now.Eu citizen in currently residing in state and exercising her rights as well.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

See page 16, footnote 63

Community law does not require third country family spouses to live with the EU citizen to qualify for a right of residence – case 267/83 Diatta (para 15 et seq.)

Thanks for reply.It is even very unclear on Eu3 form as well.It states residence in state ; didn,t precisely mention in same household but the problem is that Eu TR people don,t interpret in this way.Should i seek judicial review or any other way ?

[euspouse07]

how did they know your wife wasnt here ?

It seems that you didnt read properly ,She is here in state and exercising her eu treaty rights as well.

[EUsmileWEallsmile]

Thanks for reply.It is even very unclear on Eu3 form as well.It states residence in state ; didn,t precisely mention in same household but the problem is that Eu TR people don,t interpret in this way.Should i seek judicial review or any other way ?

Ireland has no choice but to comply with ECJ judgements.

What appeal information were you given after the refusal.

[zafarzafar80]

If you are in full time employment, you haven't claimed social welfare and if you have no criminal convictioons, you could retain the right to renew your residence card. You might not be given the permanent residence card for 10 years but on yearly bases stamp 4 would be issued. I would suggest to fill out the application form EU4 (Request for Review of Decision) and send it to DOJ. I would strongly advise to go to a good solicitor and apply through him.

You could get the form here: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU4.pdf

Can i ask how long DOJ took to make your decision ?

[euspouse07]

If you are in full time employment, you haven't claimed social welfare and if you have no criminal convictioons, you could retain the right to renew your residence card. You might not be given the permanent residence card for 10 years but on yearly bases stamp 4 would be issued. I would suggest to fill out the application form EU4 (Request for Review of Decision) and send it to DOJ. I would strongly advise to go to a good solicitor and apply through him.

You could get the form here: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU4.pdf

Can i ask how long DOJ took to make your decision ?

They took about 6 months.They requested few documents in due course however they never stipulated about joint residence during that time.I wasn,t expecting them to come up with this decision as they aware about all the facts from very beginning.Has any one come across this kind of situation before ? please share experience and what about the processing time for Form Eu4?

[euspouse07]

Thanks for reply.It is even very unclear on Eu3 form as well.It states residence in state ; didn,t precisely mention in same household but the problem is that Eu TR people don,t interpret in this way.Should i seek judicial review or any other way ?

Ireland has no choice but to comply with ECJ judgements.

What appeal information were you given after the refusal.

Thanks. i have been suggested to request review on Form Eu4.A very standard way to proceed but i had requested them to provide clarification on regulation 12 ( subject to reg 13).For no surprise they replied back stating that we should have resided together.My grounds are remain same therefore i don,t really expect any miracle at this time.They are just interpreting the law in the way that suits themselves.I have searched and discovered that they had judgement registered in high court in same kind of case where couple didn,t reside for continuous period of 5 year.


http://www.courts.ie/Judgments.nsf/bce2 ... enDocument
.
Big problem is that delaying is not just irritating ; it is also jeopradising my day-to-day life.I am experiening problems while dealing with other government agencies i.e. Revenue.
Any suggestion and please advise are they oblige to process review within any time-limit

[EUsmileWEallsmile]

Euspouse07, I am sorry, but I am not familiar with the appeals process in Ireland.

I do know, however, that the Diatta judgement does apply to all member states.

[frei]

Euspouse7, Judicial review is a 2 part process in Ireland, the first part applying for leave would be quick, say 2-3 weeks then you might have to wait for a hearing date for the substantial application, which might take up to a year.

I will advice you to make submission as quickly as you can, if you were granted leave, that would be a very big step in your case. you might submit a fresh application to the DOJ after you have been granted leave. normally the state lawyer will often negotiate a deal with your lawyer if it is a strong case, that is if your initial leave has been granted. There doesn't seem to be a quick fix in Ireland.

Goodluck

[euspouse07]

Euspouse7, Judicial review is a 2 part process in Ireland, the first part applying for leave would be quick, say 2-3 weeks then you might have to wait for a hearing date for the substantial application, which might take up to a year.

I will advice you to make submission as quickly as you can, if you were granted leave, that would be a very big step in your case. you might submit a fresh application to the DOJ after you have been granted leave. normally the state lawyer will often negotiate a deal with your lawyer if it is a strong case, that is if your initial leave has been granted. There doesn't seem to be a quick fix in Ireland.

Goodluck

Thanks Frei; My question was that how long the departmental review will take ( form eu4).As i mentioned in my above posts that my grounds would be remain same ; should i expect a favorable response from same section.?

[frei]

Thanks Frei; My question was that how long the departmental review will take ( form eu4).As i mentioned in my above posts that my grounds would be remain same ; should i expect a favorable response from same section.?

I do not have a first hand experience on the review so, I cannot say exactly the time it would take to process a review using EU4, I expect that you might be getting the same decision if you will apply again with no new information coming to light. I have read from some other thread that the review takes about 12 weeks depending on the case.

You might not be able to make submission for a JR once you have submitted an application for EU4 review, until such time that a decision has been reached on the review.