My Resident card please help

[maxmath112]

I have been going true some situation my immigration going o four years now since July 2013 and i have been getting similar refusals response from the justice department.

My wife is a Slovakian and she has been living in Ireland for the past 10 years now, of which i have tried to applied for her Irish passport and it more or less they have granted her application because they have asked us to send her 2passports photograph and €950 for her Irish passport to be issued, At the time of my application in 2013 my wife is on job seekers allowance which this was this was the major reasons i have been rejected and now she has started working my question now is should i reapply again or i should appeal the letter please i need an advice.

Thanks you in advance.

[pukon_check]

Hey there
Your query is not clear enough..
Are you on a stamp at the moment?
What Stamp you have now?
Did u your wife got Irish citizenship then?
However if the refusal was for your residency because on that time your wife was on social which was 2013 then if u are looking for residency u need to apply again..
With your current situation..
But if ur wife have Irish passport you can apply as Irish spouse..
I didn't know what stamp u have now..
If ur current status stamp 4 and ur wife have Irish citizenship and the stamp is over 3 years u can apply for Irish citizenship too based on married to a Irish..

[maxmath112]

Thank you for your help and reply and here is my full story, when i applied for my EU stamp 4 in 2013 my wife was on social welfare allowance up until December 2016 when she just got a new job, but before she got the job she was once self employed at some period but still don't accept the self employment application because at the time, she supposed to change her payment from welfare from job seekers to either back to work or supplementary allowance but i don't know this until later on.
I have been given 6months stamp for like three times until November2015 when they stopped giving me the six month but issued me only one months stamp4 which expired January 2016, and since then i have not been issued any stamp but sending me a letter after five months that minister is proposing to issue a removal order on me due to the reason my wife is not exercising her EU treaty right in the state so therefore i am not entitle to reside in the state they have issued this same letter two times already and i took the first to my lawyer including my wife payslips and P60 according to my lawyer they said they wrote justice with the hope that they will consider the attached documents now i received same letter second time this make me curious that the third letter might be deportation letter.
I'm thinking may be i should write Justice myself. Furthermore we applied for Irish passport for my wife, application was successful but she has not got the passport yet they only asked her to pay the €950 and two passport photograph which we just did last week so that they can give her ceremony date all this process might take a month or more to issue her irish passport and i have just 15 days to respond to the letter plus if i want to apply as irish spouse can i apply without the passport ?. Please need your help at this period.

Thanks

[maxmath112]

I don't think they honor lawyer response to the first letter because there is nowhere in the second letter says they received or acknowledge anything from lawyer.

[pukon_check]

Hi maxmath112
Read ur long history..look if they not providing you Eu stamp 4 due to reason of your wife treaty practiceing movement..actually you can go for a better route and quicker route too..
As your wife got approval for Irish citizenship so wait till her ceremony and let her have Irish passport..
Then apply as Irish spouse so will be no question ask for Eu treaty instead they will treat as Irish domestic rules..not necessarily she has to work or so..
Now once you apply as a married to Irish citizen you will get stamp 4 for 3 years..
Now good part is as u already have few times 6 month visa these all stamp will be counted as reconable residencey..
So u have wait a year a half only to apply for Irish citizenship..
If I were you I'd do Irish route which will be quicker and easy..
But if you still wants to go Eu route it will take longer and u need full 5 years residency for apply Irish citizenship..
Hope it helps..

[maxmath112]

Thank you for your help once again and i really do understand your point that i should wait for my wife to get her Irish passport, but the situation now is they have been written me a latter threatening me that minister is proposing to make a removal order against me under regulation 20 of the European communities free movement of a person, this is the letter i got last week and i have only 15 days to respond to the letter, i have got this same letter twice now one was last year (May) and another one last month, that is the reason why i am asking if i should request for a review again base on the ground that my wife have started working to pending any removal order against me till my wife will get her passport, because i have only 15 days to respond to that letter. Plus i like to know if those years i don't have stamp will count.

Thank

[max307]

Why don’t you send them a letter with a copy of your marriage certificate, your wife’s letter from the Citizenship Division and any other relevant documentation you have?

[maxmath112]

You are very correct... I'm thinking of sending letter from citizenship and her payslips and p60 marriage certificate and can you give me a tips of what to write as a letter to back that up please.

[max307]

I can’t let you know what to write because I don’t know what’s written on their letter to you, I would advise to provide all the documentation you listed above and explain your current situation. Feel free to Google and adapt immigration letter templates on the internet to your particular circumstances, that should suffice your letter.

[pukon_check]

Hi maxmath
Can you please tell me what date your wife received approval letter for citizenship?
I mean what date it was signed and what date u received it?
And with in how many days u had to pay 950 euro..
Look if you really find hard to deal with the situation just go to solicitor even a free one..
Ur situation is not complecated at all..
Once you submit all the letter it will come through..
Joy bangla

[maxmath112]

Here is what they write in there letters.

Dear..........

I am directed by minister for Justice and equality to notify you that minister proposes to make a Removal Order in respect of you under the the power given to her by Regulation 20(1)(a)(iii)of the European Communities (Free movement of Person), Regulation 2006(as amended).

Please be advised that due to a recent change in legislation your case will be consider under the European Communities (Free Movement of a Person),Regulation 2015

The reason for the Minister's proposal is that your EU Treaty Right application and subsequent review were refused as outlined in correspondence issued to you dated......and......... Therefore, you are no longer entitle to reside in the state.

In addition, in accordance with Regulation 20(1)(c), the Minister to place An Exclusion period on you preventing you from entering the state for a period of up to 1 year from the date of removal

Option now open to you:
You are entitle to make written representation to the Minister as set out in Schedule 9 and Schedule 4 (attached), within 15 working days of sending this letter, setting out the reasons as to why a Removal Order and Exclusion Order not to be made against you.

If there are additional letter or documents from third parties in support of your representation those must be attached. should facts referred to your representation change following submission to the minister, these should be brought to the notice of the Minister Immediately.

If no response is received to this letter within 15 working days the minister will assume that you do not wish to make any representation and Removal Order and Exclusion Order will issue accordingly.

Schedule 9
Representation to the Minister May be made as to why she should not make a Removal Order in respect of the person concerned addressing the following points.

1. Name, Address In Ireland
2. Nationality
3. Immigration Reference Number/Person ID
4. PPS Number in Ireland
5. Date of Birth
6. Duration of residence in the state
7. Family and Economy Circumstances

Schedule 4

Particular to be included where a person make a representation as to why the minister should not make a Exclusion Order in respect of the person concerned, addressing the following points.

1. Name and Address in Ireland
2. Immigration Reference Number/ Person ID
3. PPS Number In Ireland
4. Nationality
5. Details of Solicitor, If any
6. Any documentation which person wishes to be consider.


This are what is in both letters.

[maxmath112]

Hi maxmath
Can you please tell me what date your wife received approval letter for citizenship?
I mean what date it was signed and what date u received it?
And with in how many days u had to pay 950 euro..
Look if you really find hard to deal with the situation just go to solicitor even a free one..
Ur situation is not complecated at all..
Once you submit all the letter it will come through..
Joy bangla

I have consulted solicitor when i received the first of this letter, now i received the same letter again that why i decided to give it a try on my own. We have just 10 days to send the money order and two passport photographs and the letter got to us 25th of April we are sending all what they requested for my wife passport today anyways.