EU Treaty Section

[charmender]

Hello,

I just wanted to share my experience with the EU Treaty Section of INIS with you all to make you aware of how misleading they can be.

As I have recently posted here, I am planning to return to Ireland with my non EU husband who has a EU residence card based on Article 10. I wanted to get some information from INIS in relation to when we arrive in Ireland what exactly is the procedure we need to go through. Firstly, they told me my husband needed a join spouse visa. I knew straight away that this wasn't true because we have recently travelled to Ireland on holiday without the need for a visa. After this they wouldn't reply to my emails. I contacted the Dept of Justice who forwarded my email to INIS. They then replied to me on the same day (so I recommend people contacting the Dept of Justice if they want a quick reply).

They still did not admit their error in this case. However, they then told me that when we leave the EU country we are in now that my husband should give his residence card back to the relevant authorities. They said that they would check at a later stage if this had been done. It was just ridiculous as if my husband gave it back he wouldn't be able to go to Ireland in the first place. They then proceeded to tell me that he can apply for a join spouse visa.

Honestly, I am so tired of INIS providing people with misleading and incorrect information. Everyone should be aware here of their tactics. I explained everything very clearly to them so it was not a mistake on their behalf. They are either incompetent or purposely misleading people. I contacted Grow Your Europe Advice (which I recommend to anyone unsure about their EU rights, http://ec.europa.eu/eu-rights/enquiry-c ... ageCode=en ). They told me that of course my husband doesn't need advice, that the Irish authorities have no right to ask my husband to return his residence card as there are currently no EU rules about this. Another question I wanted to ask them was in relation to the EU1 application form which requests 2 payslips and they told me this is also not a requirement.

I just wanted to share this experience with people to make you aware that you need to search and know your rights before dealing with INIS. When they know that you are not informed of your rights, they are quick to mislead you or provide you less detailed information. However, when you show them that you are well aware of your rights and that you have contacted relevant authorities for legal advice they behave towards you better. Although it is difficult there are agencies out there which are there to help us as EU citizens so we should make the most of them.

As much as possible people should try to share their experiences with others here whether they are positive or negative as they will help anyone reading. A lot of people come to this forum just to read and never post so let's keep that in mind.

[nad2107]

Hi

can you give details of what authorities and agencies are available for advice please.

Thanks

[charmender]

If you feel that your rights under Union law have not been respected by the national authorities of a Member State, you should first of all take up the matter with national bodies or authorities. This will often be the quickest and most effective way to resolve the issue.Depending on the system of each Member State, you may also submit your file to the national ombudsmen. Grow your Europe Advice - I included the link in my first post. They are a group of legal experts who inform European citizens on their rights.

SOLVIT - although my experience with them hasn't been helpful they do provide you with information. They will tell you though that they have no legal authority and cannot force INIS to do anything. They only act as a mediator as such.

Dept of Justice - issues like this are justice issues however, don't expect the Dept to help you, they will just forward your email to INIS. I think they should be doing more to help though.

Migrant Council Ireland also give general information about your rights.

European Commission - Migration and Home Affairs section, Dimitris Avramopoulos is the current director but it will be one of his team who will assist you.

The European Commission can only take up your complaint if it is about a breach of Union law by authorities in an EU Member State. If your complaint is about the action of a private individual or body (unless you can show that national authorities are somehow involved), you have to try to solve it at the national level (courts or other ways of settling disputes). The European Commission cannot follow up matters that only involve private individuals or bodies, and that do not involve public authorities.If you consider that the European Commission has not dealt with your request properly, you may contact the European Ombudsman (Articles 24 and 228 TFEU).
You have the right (Article 227 TFEU) to submit a petition to the European Parliament about the application of Union law. You may submit your petition by post or online via the European Parliament's website. You can find out more about petitions to the European Parliament on the EU citizenship and free movement website.

Source: http://ec.europa.eu/atwork/applying-eu- ... nts_en.htm

[ryuzaki]

Thanks for this information, it's very useful.

It's awful the way they play games like this. It's people's lives. But still, just be glad it's not the UK Home Office!

[charmender]

Just another update on the 'games' INIS plays with people.

No matter how good your application is they find some issue. They tell you if you change jobs (the EU citizen) you must inform them. So I informed them with a copy of my new contract. So they reply asking for two payslips from my new jobs which means I need to wait 2 months. It is completely disgraceful. I have been working continuously paying tax since I moved here and since I sent my application off. In my original application I gave them two payslips but now they want more. It is completely against the regulations but they do many things against the regulations.

Another thing is that because we are living with family members we sent utility bills in their names signed by them confirming we were tenants. This wasn't good enough even though for most places this is accepted. They wanted proof of purchase in house owners name! Luckily it is a close family member (a parent) that we can ask for such personal documents.

I really pity anyone else like us in the same situation. Honest people just playing by the rules, going to work paying taxes. They really mess with your emotions and brain. They don't make it easy at all. I really encourage everyone to note down their wrongdoings, keep evidence of correspondence and take action when the case is dealt with. Because at the end of the day if we don't, if we just let it go when they say yes eventually after one year, they will continue to do this to other people. The law is there to be implemented but unfortunately we have to fight for our rights.