Stamp4EUFAM Approved by minister, rejected by INIS officer

[eirelover]

Hi everyone,
So the story is that I moved to Ireland from Northern Ireland (I had a valid UK visa at that time and I didn't overstay) accompanying my British Wife, after 9 months processing my Iridh Residence Card application... I finally got the approval letter.
Today when I went to INIS for registration, the officer looked at my passport and saw a valid UK family permit which got him confused; How the hell did I come to Ireland without a visa and why the UK approved my Family Permit, then I was told that I came to Ireland illegally (without a visa) and that he would call the UK Home Office to confirm the story..

Now why the hell would an officer refuse issuing me the Stamp4EUFAM while the minister himself approved it?
Please help I'm going back tomorrow.

[Mal111]

well did you came to Ireland without a valid visa? because this is a problem you shouldn't have cross the boarder with out a valid visa !!

when you sent your application what did you write in the Eu1 form on section of status on arrival in state? (because if you lied on the form then the entitlement can be revoked and in my view should be revoked)

i can suggest following

if tomorrow again your told that they cannot give you residence card i suggest you ask following

1) Application was submitted to the eu treaty right department they process the application they had a full copy of my passport they were aware of all the facts and grant me the residence card under the authority of justice minister on what ground are you stopping me from getting what is rightfully my entitlement now.

2) please give me in writing that you are not granting me residence card that is approved by the minister and state your reason as to why,
given the fact that i have provided you with my own and my spouse identification and we are both present here as per the letter which is the only instruction i was given in the approval letter.

3) tonight print the directive ( the regulation ) and read them http://www.irishstatutebook.ie/eli/2015 ... ade/en/pdf
from INIS website and give it to the immigration officer and ask him where does it say that my previous immigration history or my current immigration status should be consider at the point of issuing residence card which is already approved by the minister.

all above is only my opinion so maybe wait for senior members to advise you
also get a solicitor to help you in this
thanks

[Mal111]

status on arrival in state? if you were married at that time which from your narrative it suggest you were and you tick the box family member of eu citizen then your fine i think.

[eirelover]

status on arrival in state? if you were married at that time which from your narrative it suggest you were and you tick the box family member of eu citizen then your fine i think.

I was married to my wife when I accompanied her to Ireland under Article 5 of the Directive 2004/38/EC.
The man we had, doubted us from the very start and even claimed that I'm illegally here in Ireland. He had a problem with how we initially entered the country which was via Northern Ireland (Ihad a UK Visit Visa at the time)
Even when we stated the law above and read it out to him, he would not listen and treated us unfairly, despite all of our supportive documents and the approval of the Minister for Justice and Equality himself – Not to mention the fact that we had been accepted at every stage prior to this and no member of staff ever had an issue with how we entered the country since it was completely legal.
He also questioned my UK Family Permit on its validity and said in a threatening manner that he will call UK HOME OFFICE tomorrow to do a check. (which I don't have a problem)

[Mal111]

if you dont get it tomorrow as well then hire a solicitor to help you with this

on the other hand if your right then eventually you will get your entitlement
the approval letter you have is covering your residence as legal and your protected by the EU law since the minister has already approved you application.

UK and Ireland share immigration info so any misunderstanding their is will be clear tomorrow when Irish immigration officer will get all confirmation from uk home office .

best of luck

[mgb]

How the hell did I come to Ireland without a visa and why the UK approved my Family Permit, then I was told that I came to Ireland illegally (without a visa) and that he would call the UK Home Office to confirm the story..

Due to the directive a family member can only be asked for a entry visa for crossing the border. The stay itself is covered directly from the directive.
If there is no border control the irish waved their right to ask for a visa to cross the border. If there is a border control they have issue a visa on the spot.

[HappyKai]

It’s happened to a friend of mine. You did not break the law by entering the country without a visa, there are case laws about this. Look up Metock. As long as you informed INIS soon after you entered the country, you’ll be fine. Ireland went to court and lost over a case where they argued the spouse of an EU citizen was illegally in the country.

The EU Treaty team know the case law and the relevant sections of the Directive. The guy at INIS gave my friend a hard time, took her number, made some enquiries then called the next day asking her to collect her GNIB card. I think the INIS guy would have been right under different circumstances but according to the free movement directive and case law, he’s wrong. You’ll get the stamp 4.

[mgb]

ECJ Metock C‑127/08

2. Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.

[eirelover]

UPDATE: I got my residence card + an apology on behalf of the man.
Thanks for your help.