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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Sorry to hear that Rob,robsters wrote:so we got decision of eu1 app from ireland but yeah it was refused, we are in uk under the family permit and sending our 6 + months of our time in ireland to uk home office soon, i am guessing status of eu1 has no bearing on the uk residence on the ss route???? we still have temp GNIB card from ireland, also do i need to let irish immigration know we left the country? rang my job and land lady and saw that we left :/ we feel bit stupid for not waiting few more weeks to get it but my wife being pregnant panic us to get back into uk as soon as possible, have we made a big mistake or will we be ok in the uk???
Obie wrote:You could argue with the department of Justice, that the continuity of your residence has not been broken, as the reason for leaving the Irish state was due to pregnancy and child birth. Therefore you are entitled to the Residence Card for which you applied, and the refusal was wrong in law.
But thinking of it legally, he is entitled to be out of Ireland for a period of 6 months in a year, or 12 months for pregnancy or maternity, without his residence being affected.Casa wrote:Thinking of it logically, why would you be issued with a residence permit when you are no longer resident?
From published EU1 guidance.Casa wrote:Thinking of it logically, why would you be issued with a residence permit when you are no longer resident?
- perhaps caseworker was not persuaded of OP's intent.... should apply for a residence card if they intend to reside in the State with the Union citizen for more than 3 months.
5. Changes in circumstances
If your circumstances change (such as a change of address, a change in family status, or a change in the activities of the EU citizen) you must inform the EU Treaty Rights Section in writing immediately. Failure to do so may result in your application being refused.
- it is understandable if caseworker applied section 5 of the published guidance when routine checks failed to detect the presence of OP in the state;The obligation is on the applicant at all times to provide satisfactory evidence as outlined below and to notify this office of any changes to their circumstances in accordance with Regulation 11(2) and 11(4) of the Regulations.
It's all moot, OP is quite clear in the forum he has left Eire to live in UK; it would have been a simple courtesy to share same with his previous host country.Casa wrote:I'm not sure if I'm missing something here....but if the applicant has left the country, where would the FP be sent. i.e I assume the Eire accommodation address was the one given on the application?
http://www.immigrationboards.com/irelan ... l#p1251564we dont really wanna go back to ireland it cost us so dearly being there pretty much bankrupt now with a child on the way
we plan to remain in the uk anyway
Zambrano (not zumbro)robsters wrote:yeah we want to get the EEA application sent off this week as we been back in the UK a whole month now, (on side note does anyone know if u have to show proof of address of the uk residence for the EEA2 application?) is waiting to long to submit it a bad idea? its taken some time to get through the form and get all paper work together, want to make sure its 100% what did u mean about the zumbro ? thingy/???
Zambrano is not engaged in a case like this.Casa wrote:Others have more knowledge and experience on Zambrano that I do.
I thought that might be the case Obie, which is why I avoided advising and hoped you would step in.Obie wrote:Zambrano is not engaged in a case like this.Casa wrote:Others have more knowledge and experience on Zambrano that I do.
Surprised that it was even suggested.