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what is an "evidence of residency" in another EU c

Forum to discuss all things Blarney | Ireland immigration

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hrmrm
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what is an "evidence of residency" in another EU c

Post by hrmrm » Thu Dec 27, 2007 11:46 pm

Hello,

Does anyone know what is an appropriate "evidence of residency" in another EU country? I'm from Poland and my wife is an American. We've been married for 2 years and just recently moved to Ireland (we have not applied for EU 1, yet). There are 3 options that we can provide but I'm not sure if anyone of them would be sufficient:

1) In the last couple years we've spent about 5 months in Poland (including 1 stay for 2 months) but other than the stamps in her passport, we do not have any proof of these stays.

2) Just today in Poland we got "Acknowledgement of registration of an address for a foreigner for a limited time" ("Potwierdzenie zameldowania cudoziemca na pobyt czasowy") which is an informal looking sheet of paper (although it does have few official stamps) stating that my wife is registered at a particular address in Poland for 3 months (I think the need for address registration is a left-over from the previous political system in Poland -- most other nations require only a letter or a bill from a reputable institution sent to a particular address with the person's name).

3) We can apply for "Permission to reside for limited time" in Poland ("Zezwolenie na zamieszkanie na czas oznaczony") which is a driver's-license-size card stating that my wife can stay in Poland for up to a year. The process is not very complicated but it does take about a month.

Which, if any, of the above options might satisfy the "evidence of residency" in Poland. I'm afraid that option 1 will not be sufficient, but options 2 and 3 don't really prove any residency in Poland in the past.

What do you think?

Thanks!!

archigabe
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Re: what is an "evidence of residency" in another

Post by archigabe » Fri Dec 28, 2007 11:56 am

hrmrm wrote:Hello,
3) We can apply for "Permission to reside for limited time" in Poland ("Zezwolenie na zamieszkanie na czas oznaczony") which is a driver's-license-size card stating that my wife can stay in Poland for up to a year. The process is not very complicated but it does take about a month.

Which, if any, of the above options might satisfy the "evidence of residency" in Poland. I'm afraid that option 1 will not be sufficient, but options 2 and 3 don't really prove any residency in Poland in the past.

What do you think?

Thanks!!
There is no real specifications on what the 'proof of European Residency' should be...I think your option 3 above should do it...but then, in Ireland you can never be sure of anything.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Dec 31, 2007 4:01 pm

Legally, any time spent in another member state counts as residence. See http://eumovement.wordpress.com/2007/06 ... -question/ for some of the legal details.

This is the weak underbelly of the Irish demand that everyone have prior residence in another EU member state.

There is a good example in this board of somebody who applied for a Residence Card (using form EU1). They had planned to make a short trip to another member state to establish residence and so had applied for the a residence permit there, but had not used it before applying for the Irish Residence Card. The Residence Card was granted.

The challenge is getting the DOJ recognize your legal residence. I would write a strongly worded letter to go with the application which points out the repeated times you were resident in another member state and which quotes the Irish and EU law from http://eumovement.wordpress.com/2007/06 ... -question/

I suspect you have more than enough with a strongly worded letter combined with (1) stamps in the passport and (2) the foreigners registration, though doing (3) as well is likely icing on the cake.

hrmrm
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Post by hrmrm » Mon Jun 30, 2008 4:39 pm

Just to let people know, going with the Polish "Potwierdzenie zameldowania cudoziemca na pobyt czasowy" (option #2 from the original post) as a proof of prior EU residency was enough to get a letter (after 6 months) stating that the EU1 application is still being reviewed but, for the time and being we'll get stamp-4 for 1 year.

Not that I'm trying to suggest anything, but this type of proof of residence can be issued to anyone who rents an apartment in Poland (or knows someone who owns an apartment) provided that the owner of the apartment registers you with the local gov't office (which is rather painless process and does not cost anything).

MAKUSA
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stamp 4

Post by MAKUSA » Mon Jun 30, 2008 9:14 pm

hrmrm wrote:Just to let people know, going with the Polish "Potwierdzenie zameldowania cudoziemca na pobyt czasowy" (option #2 from the original post) as a proof of prior EU residency was enough to get a letter (after 6 months) stating that the EU1 application is still being reviewed but, for the time and being we'll get stamp-4 for 1 year.

Not that I'm trying to suggest anything, but this type of proof of residence can be issued to anyone who rents an apartment in Poland (or knows someone who owns an apartment) provided that the owner of the apartment registers you with the local gov't office (which is rather painless process and does not cost anything).
Did you get a stamp 4 for 1 year and have you still not got your decision on residency after 6 months, thats shocking, INcompetent DOJ

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