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by walrusgumble
Fri Dec 16, 2011 3:42 pm
Forum: Ireland
Topic: obligation to carry ID in the Republic of Ireland
Replies: 23
Views: 10386

Re: obligation to carry ID in the Republic of Ireland

The only Non EU residence who are required to hold cards are those who are present in IReland under IRISH LAW and NOT EU Law, primarily, NON EU NAtionals (who are not here under EU law) So, the Commission has absolutely NO jurisdiction. NON-EU nationals are required to carry ID, EU-nationals are no...
by walrusgumble
Fri Dec 16, 2011 10:37 am
Forum: Ireland
Topic: DOJ refuse visas to orphaned nieces of Irish Citizens,
Replies: 7
Views: 2337

They only have themselves to blame "the Turkish adoption procedure has not been recognised in the State since 2000, the Department of Justice is unwilling to grant the girls Irish visas. " Had they done their research they would have know that they have no entitlements . Maybe they should ...
by walrusgumble
Fri Dec 16, 2011 10:25 am
Forum: Ireland
Topic: obligation to carry ID in the Republic of Ireland
Replies: 23
Views: 10386

received a reply from the Commission: just as >>acme4242 posted<< , the Commission sais that the following excludes EU-citizens from this law: Application of Act. 2.—(1) This Act shall not apply to any of the following persons, that is to say: (...) (2) Nothing in this Act shall derogate from— (a) ...
by walrusgumble
Fri Dec 16, 2011 10:23 am
Forum: Ireland
Topic: obligation to carry ID in the Republic of Ireland
Replies: 23
Views: 10386

Ah,

I am just after reading the rest of the thread. So ignore my first post. I had not realized that the Commission had responded, but there you go, I was correct. If I had noticed the Commission's reply I would not have responded
by walrusgumble
Fri Dec 16, 2011 10:18 am
Forum: Ireland
Topic: obligation to carry ID in the Republic of Ireland
Replies: 23
Views: 10386

Immigration Act 2004 wrote: ''(4) This section does not apply to— (a) a non-national who is under the age of 16 years, or (b) a non-national who was born in Ireland.'' Whats about 'non-nationals' who have been naturalised? ;) So will the Irish Gov't try as the UK tried (& failed)...to impleme...
by walrusgumble
Fri Dec 16, 2011 10:16 am
Forum: Ireland
Topic: obligation to carry ID in the Republic of Ireland
Replies: 23
Views: 10386

Re: obligation to carry ID in the Republic of Ireland

[quote="ca.funke"]Inspired through >>this topic<< , I decided to restart my career in lodging complaints with the Commission. ;) As soon as I have a ticket number I´ll post it, hoping to get more than 3 registered signatures :!: So here we go: [quote="my complaint against the ROI&quo...
by walrusgumble
Fri Dec 16, 2011 9:57 am
Forum: Ireland
Topic: Link to Dereci Judgment
Replies: 83
Views: 13631

If EU law applies, in any shape or form, (see Carpetner v UK 2001 as an interesting example) then yes. It is advised that they move to another part of Europe for some time and then return I'll take a look at Carpenter and Singh soon, thanks. What confuses me here is a press release of the EU court:...
by walrusgumble
Thu Dec 15, 2011 9:55 am
Forum: Ireland
Topic: Link to Dereci Judgment
Replies: 83
Views: 13631

In the McCarthy case for instance it was mentioned that the parties have never exercised free movement rights and thus 2004/38/EC cannot apply. How is "exercising of free movement" defined? Under what circumstances does somebody exercise free movement rights under EU law and not only unde...
by walrusgumble
Wed Dec 14, 2011 10:03 am
Forum: Ireland
Topic: Link to Dereci Judgment
Replies: 83
Views: 13631

My understanding of law is a bit limited and I have got some questions about the Dereci case and its implications that I hope you can shed some lights on. EU-citizen and Non-EU cannot rely on the EU law to live together for example in Germany unless they had a German child in Germany. Is that corre...
by walrusgumble
Tue Dec 13, 2011 9:40 am
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

[To answer your question. Here is what I believe the Czechs think. They are looking at Akrich (which yes was overruled substantially by Metock - Metock 2008 is very important for you) and believe that ye are trying to "abuse" EU law in order to get back to Britain via Czech Rep as the UK,...
by walrusgumble
Mon Dec 12, 2011 2:55 pm
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

Sorry, I did not cop that you were not the OP. I did not mean to direct the questions towards you personally. No, no hard feelings, I already suspect you thought i was the OP , If you ever came accross the OP initial refusal notice by the Czech embassy earlier this year on this forum, the op stated...
by walrusgumble
Mon Dec 12, 2011 2:51 pm
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

@Dalebutt and Walrusgrumble, legitimate questions, however for reasons i'd rather not go into, my preference is to have no dealings whatsoever with UK immigration under domestic rules, my family and I have been treated in an appalling manner. As a UK citizen born and bred i do expect a somewhat hig...
by walrusgumble
Mon Dec 12, 2011 12:49 pm
Forum: Ireland
Topic: out of Ireland for few month
Replies: 7
Views: 4481

If department notice exit stamps on your passport for 3-4 minute, they are going to question your compliance with continuous residence. you need to try and refrain from being out of the country for more than 3 months in any giving year before sending the application. The law says, the only requirem...
by walrusgumble
Mon Dec 12, 2011 12:23 pm
Forum: Ireland
Topic: FAQ about the Zambrano Judgment (New Info added on INIS)
Replies: 30
Views: 8555

Re: Latest news report

Tomorrow the High Court will begin to hear the first of hundreds of cases where parents of children born here are seeking to be returned to Ireland with their children. The families of children born here are now legally entitled to return following a decision of the European Court of Justice in Mar...
by walrusgumble
Mon Dec 12, 2011 12:21 pm
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

Some of your questions would best be answered by the OP, but you know it doesn't take a rocket physicist to work that out, a marriage with children I'd be really upset if some VO would be so dumb to have refused me on that grounds too. Sorry, I did not cop that you were not the OP. I did not mean t...
by walrusgumble
Mon Dec 12, 2011 12:12 pm
Forum: Ireland
Topic: Non EU parents joining irish
Replies: 20
Views: 4111

Tomorrow the High Court will begin to hear the first of hundreds of cases where parents of children born here are seeking to be returned to Ireland with their children. The families of children born here are now legally entitled to return following a decision of the European Court of Justice in Mar...
by walrusgumble
Mon Dec 12, 2011 10:13 am
Forum: Ireland
Topic: FAQ about the Zambrano Judgment (New Info added on INIS)
Replies: 30
Views: 8555

RISEEN yes... ireland don't need to give residennce to eea citizens, because they can live freely in ireland, and there is a provision for their family members through the directive 2004/38 to reside with them. Please read what the courts said in the Judgment. THe COurts said Directive 2004/38 does...
by walrusgumble
Mon Dec 12, 2011 10:05 am
Forum: Ireland
Topic: FAQ about the Zambrano Judgment (New Info added on INIS)
Replies: 30
Views: 8555

Re: FAQ about the Zambrano Judgment (New Info added on INIS)

Hi Guys, INIS have updated the website with the zambrano case, they had previously removed the link, they have put back the information again with additional clarification and FAQ's Below i have copy/pasted 2 of the responses from the FAQS page, It makes no sense to me, I understand the responses b...
by walrusgumble
Mon Dec 12, 2011 9:50 am
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

Yes it could be a ground for refusal but that's if they will know if an applicant have been refused by a schengen country, they do not share that information between or have facility to share such information. I only meant "IF" they had asked. THey won't. If anything, they might only ask ...
by walrusgumble
Sun Dec 11, 2011 12:36 pm
Forum: Ireland
Topic: out of Ireland for few month
Replies: 7
Views: 4481

If department notice exit stamps on your passport for 3-4 minute, they are going to question your compliance with continuous residence. you need to try and refrain from being out of the country for more than 3 months in any giving year before sending the application.
by walrusgumble
Sat Dec 10, 2011 10:10 pm
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

coming directly from a third country is not relevant for eu law to kick in. see the Eind case of 2004.
by walrusgumble
Sat Dec 10, 2011 10:07 pm
Forum: Ireland
Topic: Dire Straits
Replies: 19
Views: 3794

I do not think not disclosing previous visa refusal would mean outright refusal as it's an EEA application, even the schengen countries do not share refusal information between themselves unless the applicant was banned or some other serious issue. Previous visa refusal has never been a yardstick f...
by walrusgumble
Fri Dec 09, 2011 9:52 am
Forum: Ireland
Topic: Please give your candid opinion!
Replies: 15
Views: 4259

Re: @ Monife

A sage indeed! You certainly don't merit being called a sage or come close to one @ all. I'll ignore you because every time "sane people" argue with foolish sages, they beat them with their foolish experience all of the time! Nuff said! In the future, how about picking out holes in what M...
by walrusgumble
Tue Dec 06, 2011 4:49 pm
Forum: Ireland
Topic: PR, Separation and EU Wife will do absolute minimum to help
Replies: 2
Views: 1006

Re: PR, Separation and EU Wife will do absolute minimum to h

PR, Separation and EU Wife will do absolute minimum to help Hi all, I need your advice. I am applying on basis of Stamp 4 EUFAM, Non EU Married to EU Citizen As we are separated, but not yet divorced she is willing to help, but doing the absolute minimum with the application We are married for more...
by walrusgumble
Mon Dec 05, 2011 3:15 pm
Forum: Ireland
Topic: Directive/2004/38/EC - Ireland - Directions from arrival
Replies: 59
Views: 13003

Re: Directive/2004/38/EC - Ireland - Directions from arrival

Hi everyone. I will be arriving in Ireland on Friday with my Non-EU spouse. She was granted a Type C visa by the issuing embassy in Ankara, Turkey. I am a UK citizen. We are married. Before applying for the EU 1 Residence Card I must find employment. While I am sourcing employment is it ok for me t...