recent EU1 decisions (no priorior EU residency)

Post by **Directive/2004/38/EC** » Sat Feb 09, 2008 3:11 pm

Fantastic. Each time you were doing this with your wife, you were Resident in an EU country. Now you need to make sure the Irish realize that you were resident.

You need to make a list of each of these residences. Be especially careful to include all residences since April 2006.

I would write a very careful letter which lists the residences and also explicitly quotes from the laws of each country to make sure they realize that each of those visits were residence (see my earlier link for the laws and relevant quotes). Quote from Directive 2004/38/EC, the UK transposition, the Irish transposition, and the french transposition. Each have similar language referring to residence for periods of under 90 days. You may want to take the letter you write to a lawyer or to the immigrant council to get their feedback and advice. Be sure to directly quote from the laws, and indicate that though this is no different than the material in your original submission, you wanted to call their attention to your previous Residences in Eu member states, and to EU law, the law of Ireland and the law of each country you were resident in.

I would suggest you take a photocopy of all pages of your passport and with a highlighter pen you mark the entry stamps for the start of each residence. This makes it easier for them to not overlook.

sfak · Post by **sfak** » Sat Feb 09, 2008 3:38 pm

Directive/2004/38/EC wrote:Fantastic. Each time you were doing this with your wife, you were Resident in an EU country. Now you need to make sure the Irish realize that you were resident.
This makes it easier for them to not overlook.

Thanks for your detailed info about the confusion of residence evidence i will definatley contact with my lawyer to help me out. I have send my passport but they didnt notice of these things. Anyway thanks alot for such info but i m still looking for more info about that so i can satisfy them with solid evidences.

Post by **Directive/2004/38/EC** » Sat Feb 09, 2008 4:44 pm

The do not want to notice. What you are doing is calling their attention to what the law (in all EU countries) says.

sfak · Post by **sfak** » Sun Feb 10, 2008 4:00 am

Directive/2004/38/EC wrote:The do not want to notice. What you are doing is calling their attention to what the law (in all EU countries) says.

according to your info i do have evidence of resident i will try my best to bring up their notice as a support of my case and issue the EU1 FAM card because i have a right according to such evidence

Post by **Directive/2004/38/EC** » Sun Feb 10, 2008 6:56 am

There is no guarantee that this will help. But I would definitely do this if I were in a similar situation. I would also get the letter reviewed before you send it.

Ben · Post by **Ben** » Sun Feb 10, 2008 10:05 am

I'm wondering if anyone else has done this with success? I'm only skeptical because we all know the DoJ is not one for adhering to EU law.

sfak · Post by **sfak** » Sun Feb 10, 2008 11:48 am

Directive/2004/38/EC wrote:There is no guarantee that this will help. But I would definitely do this if I were in a similar situation. I would also get the letter reviewed before you send it.

i have reviewed the letter thy said bring any info to support your case and then they will process on the application which made first time ( on which i granted stamp 4 under national law) lets try.

Post by **Directive/2004/38/EC** » Sun Feb 10, 2008 7:58 pm

benifa wrote:I'm wondering if anyone else has done this with success? I'm only skeptical because we all know the DoJ is not one for adhering to EU law.

Yes, at least one person has established short residences in other member states and then gotten their EU1.

I think they are very sneaky. They know their position is weak, and try to get away with things. But they also seem to respond when you know the law and are very clear with them.

Ben · Post by **Ben** » Sun Feb 10, 2008 8:00 pm

Directive/2004/38/EC wrote:
benifa wrote:..But they also seem to respond when you know the law and are very clear with them.

That's good to know. Thanks.

sfak · Post by **sfak** » Mon Feb 11, 2008 12:51 am

[quote="Directive/2004/38/EC"
I think they are very sneaky. They know their position is weak, and try to get away with things. But they also seem to respond when you know the law and are very clear with them.[/quote]

yes you are right the way they send me letter just want delay it because they now that i have a strong position but they just try to avoide all the info on the passpost but i will try my best possible to prove that i have evidence of lawfully residendece and to open the doors for others who are in same situation but dont know the law.

I thanks all of you quys special Directive?04/38/Ec who gave me alot more info about such case. i have meeting with my lawyer so i will keep update the this thread regarding this

microlab · Post by **microlab** » Wed Feb 13, 2008 2:36 am

5 year visa has been granted to my wife today.

She did not have a prior residence Ã¬n the EU.
Please note that she had twice her residence visa renewed in Ireland, 1 year on both ocassions before all this EU1 thing.

Post by **archigabe** » Wed Feb 13, 2008 10:05 am

congratulations...must be a big relief!

yankeegirl · Post by **yankeegirl** » Wed Feb 13, 2008 10:58 am

Congratulations microlab!

Ben · Post by **Ben** » Wed Feb 13, 2008 1:07 pm

Congrats microlab!

sfak · Post by **sfak** » Wed Feb 13, 2008 6:59 pm

microlab wrote:5 year visa has been granted to my wife today.
She did not have a prior residence Ã¬n the EU.

hi, Congratulations microlab that realy nice news for yourself and those who are in this process aswell. I just want to ask you did your wife your wife got residence card for 5year under natioanl law or Eu law wht kind of stam is that i mean its just stamp 4 or EU1FAM 4 coz there or tow types of residecnce please confirm for me thanks and once again congratulations to you and your wife

Post by **archigabe** » Wed Feb 13, 2008 7:51 pm

must be a relief not to have to meet the rude jobsworths down at GNIB every year!

microlab · Post by **microlab** » Wed Feb 13, 2008 9:03 pm

I just want to ask you did your wife your wife got residence card for 5year under natioanl law or Eu law wht kind of stam is that i mean its just stamp 4 or EU1FAM 4 coz there or tow types of residecnce please confirm for me thanks and once again congratulations to you and your wife

Its 5 year residence under EU law with 4EUFam card.

sfak · Post by **sfak** » Wed Feb 13, 2008 11:06 pm

microlab wrote:
Its 5 year residence under EU law with 4EUFam card.

Thank you. One more thing with this card person can travel within the eu states without visas or still need to get visa or special permisson e.g if anybody gets this card in germany n wish to travel to france or holand so still need visa please confirm if you have some info. thanks

microlab · Post by **microlab** » Wed Feb 13, 2008 11:24 pm

Read here please....there is lots of talk about it..@

http://www.immigrationboards.com/viewtopic.php?t=23293

http://www.immigrationboards.com/viewtopic.php?p=144649

sfak · Post by **sfak** » Sun Feb 17, 2008 5:08 am

microlab wrote:Read here please....there is lots of talk about it..@
http://www.immigrationboards.com/viewtopic.php?p=144649

Thank you

rainbow2007 · Post by **rainbow2007** » Sun Feb 17, 2008 8:11 pm

Hello Everybody!

My recent update!

We have been granted stamp 4 for one year!
Our happines is huge and we still kind of cannot believe it!!

After such a struggle, so many plans, projets, ideas disscussed,
we do not need to go anywhere and we are staying in Ireland.

In our letter its written that after one year we need to contact the DoJ again for a renewal. So far, we are not thinking yet about it!!

Thank you all guys for your support and ideas!

I wish you strenght to go through!

Best luck for everybody!!

desifighter · Post by **desifighter** » Mon Feb 18, 2008 9:50 am

Congrats rainbow2007

Just want to ask one question, you have recived your letter throw DOJ or your Solicitors did the need full for you to get your letter from DOJ. thanx

Tommy2 · Post by **Tommy2** » Mon Feb 18, 2008 7:10 pm

well done buddy, best of luck,can you tell me,how long it took you to wait for this decision,thanks

rainbow2007 · Post by **rainbow2007** » Mon Feb 18, 2008 7:13 pm

Hi desifighter!

No solicitor involved.

We met once one, and he asked for the time he spent with us/on our case (he wrote a letter to us) 350 euro + VAT (one hour of his precious time).

So we decided that we will manage everything on our own.

I just wrote one week before our 6 months date to remind about our case.

Just wondering now, do we need to go through that EU1 procedure every singe year to renew??

Any ideas??

Post by **archigabe** » Mon Feb 18, 2008 8:27 pm

Was this an immigration solicitor? Did you try any of the solicitors mentioned here?

Immigration Solicitors in Dublin:

1. Kevin Brophy
Brophy Solicitors,
38 Parliament Street Temple Bar,
Dublin 2
01-6797930

2.Brendan Toale
MacGeehin,Toale and Nagle Solicitors
10 Prospect Road
Harts Corner
Glasnevi
Dublin 9
01 830 7799

3.Conor O'Brian
16 North King Street,
Dublin 7
Phone 01 8734201

4.Derek Stewart
Stewart and Co.
12 Parliament Street,
Dublin2
01 6775011

Immigrationboards.com: Immigration, work visa and work permit discussion board

recent EU1 decisions (no priorior EU residency)

Congrats !!!!!!

congrats rainbow2007