I , my EEA national wife and mother moved from the UK to Ireland almost 8 months ago. I and mother applied for Residence Cards as a spouse and permitted family members (other beneficiary either member of same household or dependent) respectively. We were given temp stamp 4s which expired this week. EU treaty department has refused my mother application on the grounds that correct documents were not supplied, however they approved my application.
We submitted following docs in support of our mother application
- UK lease and UK landlord reference letter
EU Spouse UK Lloyds TSB bnk statement
Fully comprehensive insurance for our mother paid my my wife
Irish Residence proofs
Article 3 (2) of Directive 2004/38 states:
2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;
(b)the partner with whom the Union citizen has a durable relationship, duly attested.
have we approached it incorrectly? What we should do now go to solicitor, fill in the the review ourself and try to educate case worker about member of same household clause of Article 3 (2), or make a fresh application.
Please help us as we are worried for our mother who has no direct relative in her country of origin. She is given 15 days to submit her review before her file is passed on to Removal team.
Your help small or big would be very much appreciated.
Thanks