EU1A Temporary Stamp

[Coolrapport]

Good Afternoon.
I am confuseed regarding my decision from ministry of justice department Dublin. I had received my EU1A temporary stamp letter from department which I took to the local garda station in order to stamp my passport and get garda card but the lady at counter refussed to process that. She said I didn’t enter in the country legally three years ago so she will write to department that how they can give me permission to stay n etc. While she get any response from them I have to sit at home and now its 3rd week I am sitting at home doing nothing while my partner write an email to department the whole story and we received reply that they will contact to garda station in due course. NOW my point is to ask you people that is that normal or is there any new law came into force which I don’t know and what shall I do? Your honest advice would be appreciated. Thanks

[max307]

Good Afternoon.
I am confuseed regarding my decision from ministry of justice department Dublin. I had received my EU1A temporary stamp letter from department which I took to the local garda station in order to stamp my passport and get garda card but the lady at counter refussed to process that. She said I didn’t enter in the country legally three years ago so she will write to department that how they can give me permission to stay n etc. While she get any response from them I have to sit at home and now its 3rd week I am sitting at home doing nothing while my partner write an email to department the whole story and we received reply that they will contact to garda station in due course. NOW my point is to ask you people that is that normal or is there any new law came into force which I don’t know and what shall I do? Your honest advice would be appreciated. Thanks

This is way out of line for that garda officer and I'm actually surprised she dared to do it!

She's basically undermining the decision of INIS and the Department of Justice and Equality in something she does not have authority. I do understand she could have some concerns with your immigration history in the state but INIS and the Department of Justice and Equality already reviewed your application and they are happy enough with issuing you a temporary stamp.

First of all I would make a formal complaint with her supervisor and then I would go to INIS in Dublin and explain the situation. Under no circumstances I would sit at home and wait for this garda officer to deal with my application!

This is a serious matter, I do not recommend e-mails or phone calls.

[Coolrapport]

I really appreciate your quick reply. My application sent by a solicitor from Dublin. I told him whole story and he already wrote a letter to Inis department of Justice stating whole story. As per his advice he said we will wait until their reply.
Its been a week they haven’t reply yet! Can they take their decision back (revoke this stamp) ?
Is my solicitor doing right now?

[irish786]

I really appreciate your quick reply. My application sent by a solicitor from Dublin. I told him whole story and he already wrote a letter to Inis department of Justice stating whole story. As per his advice he said we will wait until their reply.
Its been a week they haven’t reply yet! Can they take their decision back (revoke this stamp) ?
Is my solicitor doing right now?

can you share with us wich county immigration officer did you went for temporary stamp thanks

[max307]

I really appreciate your quick reply. My application sent by a solicitor from Dublin. I told him whole story and he already wrote a letter to Inis department of Justice stating whole story. As per his advice he said we will wait until their reply.
Its been a week they haven’t reply yet! Can they take their decision back (revoke this stamp) ?
Is my solicitor doing right now?

Ah OK if you have a solicitor then that's fine because, he should know better what to do next.

My assumption is that if she was able to see in their records that you entered the country illegally few years ago, the caseworker dealing with your application in INIS/Department of Justice and Equality has access to that information too and still they were OK with it so I don't think your temporary stamp will be revoked. If they didn't notice your illegal entry before then that's definitely a red flag.

What are your circumstances in the state? Are you married to an Irish citizen? Are you married to an EU citizen?

[Coolrapport]

I went to Limerick garda station (henry street).
If its a red flag being an illegal then 99.9% immigrants who got their immigration status sorted were sorted are in the same zone though!!!
My application was de facto relationship with an EU national. We had religious blessings too but Irish government doesn’t recognize that so we didn’t even mention that.
I am really confussed like many people I know had been through with same process but whats wrong now???

[max307]

I went to Limerick garda station (henry street).
If its a red flag being an illegal then 99.9% immigrants who got their immigration status sorted were sorted are in the same zone though!!!
My application was de facto relationship with an EU national. We had religious blessings too but Irish government doesn’t recognize that so we didn’t even mention that.
I am really confussed like many people I know had been through with same process but whats wrong now???

Not necessarily, the vast majority of immigrants in Ireland entered the country legally. The fact that you entered illegally does not mean that “99.9%” of immigrants in Ireland are in the same situation as you.

Even though I do not approve the Garda officer actions you did broke the law and need to own your mistake and be patient, there is nothing else you can do at the moment.

[littlerr]

I went to Limerick garda station (henry street).
If its a red flag being an illegal then 99.9% immigrants who got their immigration status sorted were sorted are in the same zone though!!!
My application was de facto relationship with an EU national. We had religious blessings too but Irish government doesn’t recognize that so we didn’t even mention that.
I am really confussed like many people I know had been through with same process but whats wrong now???

Not necessarily, the vast majority of immigrants in Ireland entered the country legally. The fact that you entered illegally does not mean that “99.9%” of immigrants in Ireland are in the same situation as you.

Even though I do not approve the Garda officer actions you did broke the law and need to own your mistake and be patient, there is nothing else you can do at the moment.

I think what he meant is that most people who requested for a non-standard letter of Leave To Remain from INIS has some sort of irregular statuses, otherwise it would have been a standard work/spouse/study visa/permit.

Having said that, De Facto letter is a standard permission letter, so I'm not surprised that the local Garda officer is not satisfied, because there is an irregular status with the entry. A De Facto permission states that "applications from persons who are unlawfully present in the State", so the Gardai might want to confirm with INIS that this has been checked.

[Mal111]

they issue you a temporary stamp because they are considering all relevant facts including how you entered the state so for the time being you have a right to reside in state legally until justice dept come up with a decision the officer can not refuse to grant permission that is issue under the minister authority.

I am sure the eu treaty right section will advise the officer to grant you the permission on temporary bases until the decision has been made.

the only way it will go in favour of the officer if the eu treaty right section have made an error and some how miss this information and the officer is only confirming that I think in that case the officer is in her right to seek such confirmation.

my advise is if you have religious blessing them why don't you registered for marriage in Ireland as well this will have a positive impact on your case and if you have already done that them you got nothing to worry about.
sooner or later u will hear the good news.

[Coolrapport]

Thanks everyone for your sincere advice.
As per my solicitor I will wait for this week, after I will try to register my religious marriage (if they let me do so).
So final conclusion is that garda will not issue me temporary stamp/garda card even I have a letter from inis dep of justice which is I think shocking because as per my knowledge gardai are sub-ordinates of inis/ministry and they process the decissions whatever they issue but here is completely opposite. Lol

[malik0543]

HI,

you need to visit INIS Main Office in Dublin and meet with GNIB Supervisor, also involve Solvit , otherwise your local Garda will drag it, also involve your local TD,

Whats your local Gardri Name? its quite illegal to refused to implement INIS decision.

Ireland ( Garda ) treat like Police state...

dont give up, you must Complaint against this Gardi , otherwise you wont get anything .....

[Coolrapport]

Thanks “malik0543” do you know anyone else in Ireland somewhere who is going through the same? And my solicitor already wrote to department so shall we need to wait or you think we have to take our own initiative?

[Eu fam2013]

How did you enter the country illegally I just don’t understand becoz passports are checked upon arrival. So how did you enter if I may ask.

[shpirtshqipe]

HI,

Ireland ( Garda ) treat like Police state...

Correct me if I’m wrong but, my understanding is that specifically the Officer(s) dealing with the INIS matters attached to the Garda station are in fact Immigration officers and not ordinary Police officers??

Therefore if we are to assume the person(s) issuing cards at the Garda station are Immigration Officers they are effectively representing INIS and within their right and jurisdiction to clarify matters further with their head office.

I’m only pointing this out to set clear expectations to the OP that it can be normal for the need of further clarification especially if you’ve entered the country illegally

[adebukoaolose]

How did you enter the country illegally I just don’t understand becoz passports are checked upon arrival. So how did you enter if I may ask.

[adebukoaolose]

Like entering through the sea order than the airport and your passport was not presented and without entering visa