Treaty rights review

[MartaNeko]

Hello there everybody!
This is the first time I post on this forum so apologies if it's in the wrong board....
Long story short:
I'm Italian and my boyfriend is Brazilian... we applied for treaty rights at the end of June. We received a first letter with a negative answer because "there were not enough documents" we are not taking care of this alone but with a solicitor. In the mean while his visa expired and even before starting this process we decided to get married. We already had the meeting with civil registration office and everything is booked and half paid. So with the review we fowarded also letters from civil registration office about our intention to get married my bank statements a letter from my country that confirm my residence is being moved from italy to current address. I've never lived in another house. Still they don't believe I'm here since november 2015. We provided the invoice from the venue to say "hey we are getting married it's not a fake relationship" but they said "there is no address here".. The review was requested at the end of september. I changed job and I send the solicitor my new contract and payslips.Now I'm super scared because wedding is in 7 months and in the last letter that confirmed they will review the decision they stated "we can't assure you will get a temporary stamp" and I'm gonna change job again because I don't really like the company..... what should I do.... sorry if there are mistakes... my english at the moment is not brilliant... anyone can give me some advice please? I'm desperate...

[S_AK]

Hey Folks!

Well, We have a little story for you here that might help. We are in a similar situation more or less. In fact, I’m a non EU and my partner she is Latin EU citizen.

We applied on Mid of April 2017 (Plan to apply as de facto partner), while waiting, they were asking us for civil marriage certificate until mid August.

Early of September 2017 we got a refusal letter on the basis that the Minster has decided that I’m not a qualifying EU member as set in regulations 5 of the Directive 2004/38/EC European Communities (Free Movement of Persons) Regulations 2015.

Alright! Now, after we read the refusal letter carefully, we noticed that they are referring to EU1 form (which is not de facto partner). Obs!!

In 2015 there was a change in law! and a new form called EU1A was activated (which we didn’t know about it at all..), so instead of applying on EU1A we applied on EU1. We should have applied as a permitted family member of a particular union citizen (which is form EU1A after new updates of law).

However, I still believe that we were refused because of the wrong form, hence, we picked and refilled form EU4 which is for review of decision and form EU1A. We posted them with a letter to explain our mistake.

On Mind of September 2017 we got an acknowledgement letter with acceptance of the review application. Until now no decision yet been made. I’m in touch with them by email from time to time. I explained them that my GNIB will expired by the end of September, they confirmed that they can’t issue me a temporary stamp while pending a decision of review application.

I spoke to the Garda station where I live, and they insured that the only side can deal with my case is EU Treaty Right! Garda Station can not give a temporary stamp on passport without a letter from EU Treaty Right. He said but don’t worry, you will not be deported because you have an open case and they know about it. He said just give them a space, you will be sorted.

Finally, fingers crossed to all of us, and be patient as there are plenty of applicants like us.

Best of luck to everyone!

S_AK

[MartaNeko]

Thank you for your reply!
At least now I can sleep without being worried all the time with garda knocking at my door and taking my boyfriend away (watch lots of movies yeah) I'm just scared that my change of jobs will affect their decision......finger crossed for everybody here!

[S_AK]

You are more than welcome.

Changing a job inside Ireland is not going to effect the decision (Just you need to update them with all changes by post. An examples; change address, change job.. etc).

Best!

[IrishBeach]

Hi...while I do not wish to scare you, it is not quite true that change in employment will not affect your case. My husband changed his job and I informed the office quite promptly. However, perhaps due to their being disorganized, the refused my application after calling his first boss and being told he no longer works there.

Currently waiting for my review after this error.

All the best

[S_AK]

Hi...while I do not wish to scare you, it is not quite true that change in employment will not affect your case. My husband changed his job and I informed the office quite promptly. However, perhaps due to their being disorganized, the refused my application after calling his first boss and being told he no longer works there.

Currently waiting for my review after this error.

All the best

Did he update them with the change?

[MartaNeko]

Hello there,
I have informed my solicitor and sent over payslips and contract.... I'm desperate no news yet ....
Thank you guys

[IrishBeach]

Hi...while I do not wish to scare you, it is not quite true that change in employment will not affect your case. My husband changed his job and I informed the office quite promptly. However, perhaps due to their being disorganized, the refused my application after calling his first boss and being told he no longer works there.

Currently waiting for my review after this error.

All the best

Did he update them with the change?

Yes he did, as I stated above. We notified them every step of the way.