Petition Frattini for E.U1 situation

[archigabe]

Mr.Frattini seems worried about attracting new immigrants...
http://euobserver.com/9/24761/?rk=1
Lets complain that immigrant spouses who are already here in Ireland are facing a tough time and are being kicked out by the Irish government. Here's the link to the website of the Vice President in charge of Justice, Freedom and Security, Franco Frattini here.

http://ec.europa.eu/commission_barroso/ ... act_en.htm

[Ark]

Did anyone already prepare a letter for Mr. Frattini? Otherwise I could compose one... I think its important to show the EU what's going on here in Ireland.

[archigabe]

why don't you compose one? we can make suggestions and send it to him.
thanks!

[bibbay]

why don't you compose one? we can make suggestions and send it to him.
thanks!

I like the idea but I don't have much knowledge, I am just starting
to view all posts here and I see that almost all end up on similar
plight with almost everyone even under different circumstaces.
It seems that the regulating authorities have this case to case basis
on dealing with similar problems. The similarity of situations may or
may not work for everyone. So good luck. I find this site so educational.

[archigabe]

Here's a sample...

To:Vice President Franco Frattini
EUROPEAN COMMISSION
B-1049 BRUSSELS

From:
Your name,
Address

Sub: Residence Cards for non E.U spouse of E.U citizen in Ireland.


Dear Mr.Frattini,
this letter is to complain against the Irish interpretation of the Free Movement of Labour regulations, Statutory Instrument No. 656 of 2006 which requires prior residency in another European country before they will issue a residency permit for my Non E.U spouse.
(http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf)
I believe that the Irish 656 is discriminatory against E.U citizens compared to Irish citizens. It places an undue burden on E.U citizens which is not expected from Irish citizens to live in another E.U country.This is contrary to the spirit and letter of the E.U free movement laws whose aim is that Citizens from other E.U countries should have no disadvantage compared to local citizens. There are currently around 1000 E.U /Non E.U couples whose lives have been disrupted because of the Irish interepretation of the European Directive. The European commission in Ireland has not been pro active in this regard. I request you to direct the European commission to take action on this issue and direct the Irish government to issue a residence card to my Spouse.
Sincerely,
XXXX

[bibbay]

Here's a sample...

To:Vice President Franco Frattini
EUROPEAN COMMISSION
B-1049 BRUSSELS

From:
Your name,
Address

Sub: Residence Cards for non E.U spouse of E.U citizen in Ireland.


Dear Mr.Frattini,
this letter is to complain against the Irish interpretation of the Free Movement of Labour regulations, Statutory Instrument No. 656 of 2006 which requires prior residency in another European country before they will issue a residency permit for my Non E.U spouse.
(http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf)
I believe that the Irish 656 is discriminatory against E.U citizens compared to Irish citizens. It places an undue burden on E.U citizens which is not expected from Irish citizens to live in another E.U country.This is contrary to the spirit and letter of the E.U free movement laws whose aim is that Citizens from other E.U countries should have no disadvantage compared to local citizens. There are currently around 1000 E.U /Non E.U couples whose lives have been disrupted because of the Irish interepretation of the European Directive. The European commission in Ireland has not been pro active in this regard. I request you to direct the European commission to take action on this issue and direct the Irish government to issue a residence card to my Spouse.
Sincerely,
XXXX

I thought your complain would include others as well.

[yankeegirl]

I thought your complain would include others as well.

Perhaps archgabe posed that as an example for others to put in their own personal information and send them in individually?

[bibbay]

I thought your complain would include others as well.

Perhaps archgabe posed that as an example for others to put in their own personal information and send them in individually?

Ahh, Okay but a petition will make an impact if there are several if not more signatories with attached documentation of situations. Well, this is
my opinion...thanks

[Ark]

Here's a sample...

To:Vice President Franco Frattini
EUROPEAN COMMISSION
B-1049 BRUSSELS

From:
Your name,
Address

Sub: Residence Cards for non E.U spouse of E.U citizen in Ireland.


Dear Mr.Frattini,
this letter is to complain against the Irish interpretation of the Free Movement of Labour regulations, Statutory Instrument No. 656 of 2006 which requires prior residency in another European country before they will issue a residency permit for my Non E.U spouse.
(http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf)
I believe that the Irish 656 is discriminatory against E.U citizens compared to Irish citizens. It places an undue burden on E.U citizens which is not expected from Irish citizens to live in another E.U country.This is contrary to the spirit and letter of the E.U free movement laws whose aim is that Citizens from other E.U countries should have no disadvantage compared to local citizens. There are currently around 1000 E.U /Non E.U couples whose lives have been disrupted because of the Irish interepretation of the European Directive. The European commission in Ireland has not been pro active in this regard. I request you to direct the European commission to take action on this issue and direct the Irish government to issue a residence card to my Spouse.
Sincerely,
XXXX

I a draft prepared but never got together to finish it, hell of a week...

This one is great though. It definitely has the works.

Ahh, Okay but a petition will make an impact if there are several if not more signatories with attached documentation of situations. Well, this is
my opinion...thanks

That's true, but it'd be hard to get it together - not to mention that we really will be able to append the names of a very small number of all the group that is affected by this.

[archigabe]

I think it would have more of an effect if they received hundreds of letters on the same issue rather than a long letter with a long list of names.hope everyone can add or change the sample/template letter according to their situation and send it in.

[Ark]

Dear Mr. Frattini,

I urgently appeal to you to take action and direct the European commission to address this issue and direct the Irish government to issue a residence card to my Spouse, XXXXX. XXXXX was born and has citizenship in the United States of America, but has been forced to live with me in Ireland with the uncertainty of residence hanging over her head.

What is causing this uncertainty is the unfair Irish interpretation of the Article 10(2) of Directive 2004/58/EC, namely the Statutory Instrument No. 656 of 2006. This piece of legislation requires prior residency in another European country before the Irish state will issue a residency permit for my Non-E.U spouse.

http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf

I believe that the Statutory Instrument 656 is discriminatory against E.U citizens compared to Irish citizens. It places an undue burden on E.U citizens, which is not expected from Irish citizens to live in another E.U country. It also does not offer any clear alternative path at all for people in this situation.

This is contrary to the spirit and letter of the E.U free movement laws whose aim is that Citizens from other E.U countries should have no disadvantage compared to local citizens. There are currently around 1000 E.U /Non E.U couples whose lives have been disrupted because of the Irish interpretation of the European Directive. The European commission in Ireland has not been pro-active in this regard at all.

We implore you to put pressure on the Irish Government to help situations like ours and others that are affected by this.
Thank you in advance of your response.

Yours sincerely,

XXXX

Here's the version I'll send tomorrow.

[GreenApple]

i did received letter from EU commission regarding the Ireland.if you are interesting go to online eu commission and make complain..its very good

[archigabe]

One of the things that really annoy me is that the European Commission in Ireland seems to have done nothing much over the last year except to accept complaints and forward it to Brussels. The only statements they have released to the press is that they are 'investigating' the complaints. Meanwhile they seem to have taken plenty of action over the 'Tara' Road' issue and property rights for E.U citizens in the rural counties. Most of the staff of the commission in Ireland seem Irish.I wonder if they think there's too many immigrants here as well, and sympathise with the government's position?

[bibbay]

Well, it seems that they are not aware of the fact that not taking speedy remedies to these complains are affecting a large number of their own citizens. The affected families are either stucked up or without peace of mind as the clock tickles...

[Ark]

I got a response from the Head of Unit from the Citizenship and Fundamental Rights Directorate in the EU on behalf of Mr. Frattini. He indeed confirmed in a written missive that this Regulation 3 (2) was out of line with community laws and asked me for a copy of the letter I got from the DoJ with the denial of my request.

I sent it, and got contacted back by another Head of Unit member of the Secretariat-General for the Division SG-R-2, confirming that they were beginning an investigation on this regard.

I don't think its going to have a short term impact, to be honest - but hopefully at least it'll make this whole immigration farce a bit more public.


On other news, we're applying for the Italian citizenship of my wife as we've been married for 3 years - Here's hoping we can get her an Italian passport quickly.

[Directive/2004/38/EC]

i did received letter from EU commission regarding the Ireland.if you are interesting go to online eu commission and make complain..its very good :)

Where did you complain online? Can you please post the URL

What response did you get?

[Ark]

By the way, the reference number of my complaint is:

2007/4857 SG(2007) A/8611

If you write the Commission or log a complaint online, feel free to quote it.

To reiterate: My complaint was recorded by the Head of Unit of the Directorate C (Civil Justice, Rights and Citizenship) as a confirmed issue due to the fact that the Regulation 3 (2) of the S.I. No.656 of 2006 goes against community law.

My case is the same that others here have, EU citizen married to Non-EU citizen, applied to EU1 and was rejected because we didn't live in another EU state previous to coming to Ireland.

If your case is the same, quote my case when you write your complaint so they compound all these cases into the same issue

[Sahil]

Hi All,

My wife has got reply back from EU Commission:

Dear Ms XXX,

I am finalizing a draft letter of formal notice under Article 226 of the EC Treaty to be sent to Ireland for their failure to correctly tranpose Community law in the area of free movement of persons. The draft letter covers your complaint, along with more than 30 identical complaints.

As you have been informed by letter of Mr Pooley of 28 June 2007, you may opt for confidential or non-confidential treatment of your complaint. The latter option would allow us to disclose your identity to the Irish authorities and to refer to particular aspects of your complaint (and, hopefully, also allow the Irish authorities to address your case as a matter of priority).

Would you be please so kind and let me know whether you authorise us to disclose your identity?

I would be ale grateful if you could provide us with the copy of the Irish decision refusing your husband's application for residence.

Thank you very much for your understanding!

Yours sincerely,

Michal Meduna
policy officer
C.3 Citizenship and fundamental rights
Directorate-General Justice, Freedom and Security
BRU-LX46 1/146
tel. + 32 2 29 59 508
fax + 32 2 29 67 623
http://ec.europa.eu/comm/justice_home/index_en.htm

Post address:

Michal Meduna
DG JLS C3
rue du Luxembourg 46
BE-1049 Bruxelles
Belgium



Hopefully, things will change soon.

Regards,

Sahil

[archigabe]

We received the standard letter last month asking us to use legal means locally.It's nice to see that they are responding to the complaints in a more substantive way.it's a pity that only 30 people complained totally.

[irish_ruskei]

Mr.Frattini seems worried about attracting new immigrants...
http://euobserver.com/9/24761/?rk=1
Lets complain that immigrant spouses who are already here in Ireland are facing a tough time and are being kicked out by the Irish government. Here's the link to the website of the Vice President in charge of Justice, Freedom and Security, Franco Frattini here.

http://ec.europa.eu/commission_barroso/ ... act_en.htm

Hi, I don't wanna seem like a total mule but what exactly is E.U1? The thing that has me really annoyed is that my wife, she's Russian (has a Stamp4), cannot get a Stamp 4 EU FAM because I am Irish! It is totally illogical.

Also annoyed that she has to get visas to go to another EU State even though Directive 2004/38/EC says otherwise. Actually, the Latvians told me by phone that she did not need to get a visa in advance in Dublin (when I told the Danes this they said the Latvians were wrong!) and yesterday I got an email from the Czechs saying she could get a visa when she lands at the airport in Czech Rep.

Also contacted the Lithuanians and they said they didn't really know so who did they ask for advice?....The Irish! And of course the Irish told them that my wife needs to have an EU FAM otherwise she needs to get a visa beforehand. Lithuania is actually asking Ireland how to implement the directive! Ridiculous. I'm gonna follow it up! Got other emails and they all said she needs either EU FAM or a visa beforehand.....does this have anything to do with EU1? (Sorry if this is the wrong discussion bout EU FAM and Directive 2004/38/EC)

[archigabe]

Mr.Frattini seems worried about attracting new immigrants...
http://euobserver.com/9/24761/?rk=1
Lets complain that immigrant spouses who are already here in Ireland are facing a tough time and are being kicked out by the Irish government. Here's the link to the website of the Vice President in charge of Justice, Freedom and Security, Franco Frattini here.

http://ec.europa.eu/commission_barroso/ ... act_en.htm

Hi, I don't wanna seem like a total mule but what exactly is E.U1? The thing that has me really annoyed is that my wife, she's Russian (has a Stamp4), cannot get a Stamp 4 EU FAM because I am Irish! It is totally illogical.

Also annoyed that she has to get visas to go to another EU State even though Directive 2004/38/EC says otherwise. Actually, the Latvians told me by phone that she did not need to get a visa in advance in Dublin (when I told the Danes this they said the Latvians were wrong!) and yesterday I got an email from the Czechs saying she could get a visa when she lands at the airport in Czech Rep.

Also contacted the Lithuanians and they said they didn't really know so who did they ask for advice?....The Irish! And of course the Irish told them that my wife needs to have an EU FAM otherwise she needs to get a visa beforehand. Lithuania is actually asking Ireland how to implement the directive! Ridiculous. I'm gonna follow it up! Got other emails and they all said she needs either EU FAM or a visa beforehand.....does this have anything to do with EU1? (Sorry if this is the wrong discussion bout EU FAM and Directive 2004/38/EC)

Since you are an Irish national, your family comes under Irish national law and under the discretion of the minister of Justice,Ireland.EU fam card issued under the E.U1 application form is for Non Irish E.U citizen's families living in Ireland.

[ca.funke]

I got a response from the Head of Unit from the Citizenship and Fundamental Rights Directorate in the EU on behalf of Mr. Frattini. He indeed confirmed in a written missive that this Regulation 3 (2) was out of line with community laws and asked me for a copy of the letter I got from the DoJ with the denial of my request.

I sent it, and got contacted back by another Head of Unit member of the Secretariat-General for the Division SG-R-2, confirming that they were beginning an investigation on this regard.

I don't think its going to have a short term impact, to be honest - but hopefully at least it'll make this whole immigration farce a bit more public.

Hi there,

as I am in the same situation, I would like to include myself in the general complaint.

I already received a complaint# back from Brussels, but nothing more. So maybe I should write back to them (who?) reporting the existing # as well as mine, and tell them to treat them together?

I am thinking to write to

post address:

Michal Meduna
DG JLS C3
rue du Luxembourg 46
BE-1049 Bruxelles
Belgium

Telling her the include my case in the case# from Ark:

2007/4857 SG(2007) A/8611

Or does anyone have better addresses / reference-numbers that practically ensure our efforts are bundled?

[ca.funke]

I got a response from the Head of Unit from the Citizenship and Fundamental Rights Directorate in the EU on behalf of Mr. Frattini. He indeed confirmed in a written missive that this Regulation 3 (2) was out of line with community laws and asked me for a copy of the letter I got from the DoJ with the denial of my request.

I sent it, and got contacted back by another Head of Unit member of the Secretariat-General for the Division SG-R-2, confirming that they were beginning an investigation on this regard.

I don't think its going to have a short term impact, to be honest - but hopefully at least it'll make this whole immigration farce a bit more public.

For me it was sort-of the same answer.

My case is logged under 2008/4234, SG(2008) A/1077/2

I was told that the Comission deems the Irish "European Communities (Free movement of Persons) (No. 2) Regulations 2006" Point 3 Paragraph 2 inconsistent with Union-Law, and that the Comission will get into contact with the Irish authorities about that.

Furthermore they mentioned that I'll be kept posted on any possible updates.

I'm NOT confident that this will fix this mess quickly, however I am confident that it will be fixed in the longrun.

I'll update this thread as I receive news from Brussels.

[knapps]

system is absurd here!! there is an open cleavage difference in Eu directive/38/2004 and INIS. they ask a proof of other country residence for non EU spouse and EU directive says otherwise..no one has seemed to echo the voice except the Immigration council or Ireland run by 4 full time staff not funded by government...so sad!!! but must suloute them for raising the issue...can we form a group or something and see how it goes i am myself victim of the same

[knapps]

I got a response from the Head of Unit from the Citizenship and Fundamental Rights Directorate in the EU on behalf of Mr. Frattini. He indeed confirmed in a written missive that this Regulation 3 (2) was out of line with community laws and asked me for a copy of the letter I got from the DoJ with the denial of my request.

I sent it, and got contacted back by another Head of Unit member of the Secretariat-General for the Division SG-R-2, confirming that they were beginning an investigation on this regard.

I don't think its going to have a short term impact, to be honest - but hopefully at least it'll make this whole immigration farce a bit more public.


On other news, we're applying for the Italian citizenship of my wife as we've been married for 3 years - Here's hoping we can get her an Italian passport quickly.

can u plz send me that copy by email or something as im in similar situation here