eu1 family application answer after 1 year stamp4 granted

[gunesmt33]

Hi all

I have been granted only 1 year stamp4 according to national law in february after 4 months of waiting . I did apply in september.I have question did anyone ask to GNIB for their original application answer for 5 year eu1 family permit. Did they not have to answer you in 6 months if they send you 1 year stamp4 national law.

Thanks for your answers

[ca.funke]

OK - maybe it's just me but I'm not getting what you are saying:

You applied for EU1 in September?
You received an answer in February?
--> That's 6 months, which is within the law.

From what you are writing it's not evident what nationalities you and your partner are? Is it US // EU-citizen?

If you are an Irish/US-couple, the answer by GNIB is OK as it is, as European law (2004/38/EC) does NOT apply to you.

If you are an EU(non Irish)/US-couple, the answer from GNIB is illegal, you should appeal, lodge a complaint with both Solvit and the EU. (There's plenty of info in this forum on how to do this.)

Rgds, Christian

[gunesmt33]

OK - maybe it's just me but I'm not getting what you are saying:

You applied for EU1 in September?
You received an answer in February?
--> That's 6 months, which is within the law.

From what you are writing it's not evident what nationalities you and your partner are? Is it US // EU-citizen?

If you are an Irish/US-couple, the answer by GNIB is OK as it is, as European law (2004/38/EC) does NOT apply to you.

If you are an EU(non Irish)/US-couple, the answer from GNIB is illegal, you should appeal, lodge a complaint with both Solvit and the EU. (There's plenty of info in this forum on how to do this.)

Rgds, Christian

I am sorry.I did not give so many details. I am turkish my wife is dutch we were living in us. I applied september 21st got answer february 8th. 4 months. When I got letter I did not complaint because letter states they will make their final deceision in one year. I was wondering if anyone else in same situation

[ca.funke]

I am sorry.I did not give so many details. I am turkish my wife is dutch we were living in us. I applied september 21st got answer february 8th. 4 months. When I got letter I did not complaint because letter states they will make their final deceision in one year. I was wondering if anyone else in same situation

In this case I have to give up - never heard of this variation.

However, as you are Dutch/Turkish, you are entitled to be treated according to 2004/38/EC. They have to give a (positive) answer 6 months after the application is filed.

You should lodge a complaint with the EU, with Solvit and appeal the decision.

If the decision stops the non-EU partner from working you should be able to seek compensation. Do seek work, do tell possible employers you do not need a work-permit, so you are able to proove that the only thing that is stopping you from working is the permit, which you were (illegally) NOT given.

When lodging the 3 above complaint, always cite 2004/38/EC.

Good luck

[Directive/2004/38/EC]

What exactly did they say in their letter to you?

Have you and your spouse visited any EU countries (other than ireland) as a married couple since April 2006? Have you lived together in an EU country before that?