Erik84 wrote:After 6 months waiting for d-visa and 7 month waiting for eu1, today my wife received a negative response to her eu residency application.
It's the usual "applicants must submit lawful residence in another EU Member State prior to arrival"
They also write "According to our records, you were originally granted permission to remian in the State on visitors conditions until 31 January, 2007. It is open to you to return to the GNIB, 13/14 Burgh Quay, Dublin 2 to enquire about renewing same."
Do any of you know what they are likely to say at GNIB. My feeling is that there arent going to be very helpful.
There is a contradiction here about the entry visa.D-Visa is different from a Visitor Visa.Please specify what is written on the initial entry visa.
For record purposes Visitor visa are not extendable.
I suggest you make an appeal to the refusal decision.Because in a recent EU petition committee communication,there is a plan to bring Ireland to ECJ.Seee below....
In order to comply with provisions of Directive 2004/38/EC, Ireland brought into force the European Communities (Free Movement of Persons) Regulations 2006. Regulation 3(2) of the 2006 Regulations excludes from its personal scope all family members of a Union citizen (including same-gender partners) who were not lawfully resident in another Member State before seeking to enter Ireland to reside there with the Union citizen.
The Commission believes that such an interpretation of Community law on the right of Union citizens and their family members to move and reside freely within the European Union, based on the judgment of the European Court of Justice in case Akrich , cannot be applied to all family members seeking family reunification with a Union citizen who has exercised his or her right to move and reside freely.
Such interpretation is supported by recent judgment of the Court in case Jia where the Court ruled that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Union citizen who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State.
The Commission received recently a number of complaints concerning refusal by the Irish authorities of residence card applications of third country family members of Union citizens residing in Ireland on the grounds that the family members have not resided in a Member State before coming to Ireland. A case is pending before the Irish High Court on legality of Regulation 3(2) of the 2006 Regulations. The judgment is scheduled for 15 June 2007.
The Commission envisages addressing the compliance of Regulation 3(2) with Community law within the overall examination of compliance of the Irish legislation with Directive 2004/38/EC, as interpreted by the Court in case Jia. The examination is expected to be completed shortly.
