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Precedent against EU1 Residency Requirement

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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rk20
Newly Registered
Posts: 2
Joined: Sun Oct 21, 2007 5:15 pm

Precedent against EU1 Residency Requirement

Post by rk20 » Sun Feb 24, 2008 7:37 pm

Hi everybody,
I am new to this forum and would like to know if anybody has gone for the precedent against EU 1 Residency Requirement in Another Member State? I have been refused residency aswell after I couldnt fullfill the condition. I have the confirmation letter from Brussells saying I do not require to have Proof of residence in another EU country and deserve to get 5 year Stamp 4.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Feb 25, 2008 11:01 am

What is your family relationship to the EU citizen?

Have you travelled together with your EU family member to another member state? If so, then you have been resident in another EU county http://eumovement.wordpress.com/2007/06 ... -question/
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archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Mon Feb 25, 2008 9:13 pm

We had filed a case against DOJ along with a few others. They settled with us in an out-of court settlement sometime in December. We had not lived in another E.U country together before.
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sms82
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Posts: 8
Joined: Fri Feb 22, 2008 11:56 pm

Post by sms82 » Mon Feb 25, 2008 10:50 pm

Ireland is breaking the law. The precedent is European Court of Justice case C-1/05 Jia. If you are refused you can appeal with this case. Also, if you are refused because of this problem contact the European Commission immediately as they are wanting evidence in their legal case against Ireland and might be able to help in your particular circumstance.
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